Board of Selectmen Minutes 04/26/2010
Town of Lisbon
Selectmen’s Meeting Minutes
Meeting Date: April 26, 2010
Selectmen Present: John Northrop (JN) Ruth Robar (RAR) Mike Carver (MC)
Town Administrator: Regan Pride (RP)
Administrative Assistant: Barbara Menchin (BM)
JN opened the meeting at 4:30 PM
Bills and manifests were approved
BOARD OF SELECTMEN:
The Board received a request from Mr. Bill Callender who wanted permission to erect an enclosed case for the purpose of putting only Lisbon attractions at the information booth within this case. Mr. Roger Robar will be donating the majority of the materials and labor but is lacking a few items. The Board gave their approval to attach the case to the outside of the building and also to authorize Mr. Robar the purchase of the remaining items he needs to complete the case.
The Board discussed cleaning out the rest of the old records from the future Planning Board room. It was decided they would finish the clean out on Wednesday, May 5, 2010 at 1:00 pm.
TOWN ADMINISTRATOR: Regan Pride
RP received a request from Ms. Donna Clark (Town of Lyman Administrative Assistant) for information on any policy the Town of Lisbon may have on employee use of town-owned vehicles. RP suggest to the Board that written policy may be in order.
PUBLIC INPUT: Ina Lippard
Ms. Lippard spoke to the Board regarding the recent sewer problems in her neighborhood. Ms. Lippard started her conversation stating that she replaced some water lines about 15 years ago and discovered a sewer line and now she has problems in the sewer line where there are a multitude of trees and the line also goes by the corner of her garage. She is very concerned for the trees as they have been there since 1926. She further stated that the garage is where her shop is and if the shop were to be damaged she would have a loss of income. She also stated there are small animals and birds in the grove of trees and that if the trees were damaged, she may lose an Audubon Grant. She also informed the Board she had a perennial garden containing asparagus and garlic that has been there for years. Ms.
Lippard requested if the sewer line had to be replaced that it be placed in the street. Ms. Lippard further stated there was a difference between fixing and destroying her property. She asked why the test pits couldn’t be dug by hand as she was told that couldn’t be done. She stated if the trees had to come down, the trees belong to the property owner and if the garage were damaged, the town would be responsible. JN stated the Board has made no decisions to date as they were still gathering information to see which way would be the most reasonable way to correct this situation for all parties. Ms. Lippard stated she had no idea the sewer line was where it was when she purchased the property. MC told Ms. Lippard that the town did not want to damage her property any more than what would be absolutely necessary. RP asked Ms. Lippard what would be acceptable for her regarding the line. She said her first option was to put
the line out on the road like all towns do and the second option was to leave the pipe and use a treated sleeve that wouldn’t destroy the trees. She was told that it might be a substandard pipe (meaning pipe the existing pipe may not be large enough) to do this. Ms. Lippard left the meeting at 6:00 pm.
PUBLIC INPUT: Joseph and Deborah Ardolino, Virginia Clark
Prior to anyone talking it was noted that Ms. Clark was recording the meeting so that she could provide her husband the information from the meeting.
Mr. Ardolino started by stating that he wanted to be clear on the sewer line issue. He stated that when the sewer line first broke, he had no problem with the town coming onto his property and fixing the line. Now, he stated he is being asked for a 25-foot easement across his property and this is not acceptable. Mr. Ardolino further stated he was quite upset as Ms. Lippard knew when public input was because Mr. Ardolino contacted Mr. Lippard regarding the time of the meeting. Ms. Lippard arrived prior to public input so he was denied hearing what she had to say. Mr. Ardolino said he was concerned as to who was taking precedence on this issue. He further stated he knew the town had the right to go onto anyone’s property to repair a water or sewer line. Mr. Ardolino stated the town
would not get an easement for his land. Mr. Ardolino further told the Board that as it was stated in the previous meeting on April 19, 2010 he wanted this done legally. Mr. Ardolino requested any documentation that RP received from council regarding what the town could do to access the lines. RP informed Mr. Ardolino that would not fall under the Right To Know Law but did tell him the name of the easement was called an Easement by Prescriptionand that the town did have the right to access properties to fix or maintain the lines. Mr. Ardolino stated that since the line was their property line, he requested the town go with repairing the line. JN stated the sewer lines would be corrected but in the meantime Mr. Kevin Clement (Department of Public Works) would keep track of the clean out that was installed. Mr. Ardolino was informed that the Board was still gathering information and would not make a decision that night. Mr. Ardolino stated that
neither he nor Mr. Clark would give an easement to the town and that if the town has the legal right to enter property to maintain or fix the sewer lines, then that is what he felt should be done. RP informed Mr. Ardolino that Mr. & Mrs. Lippard could get an injuction that could hold up work being done on the lines and Mr. Ardolino stated that he would be ok with that knowing that it would eventually get corrected. Ms. Clark requested clarification on the term Prescriptive Easement. RP described that and what it entails. He further stated there was no RSA (NH Law) but the precedent has been set by case law. Mr. & Mrs. Ardolino and Ms. Clark left the meeting at approximately 6:30.
The Board discussed various options but decided to get further information before making any decisions on how to cure the sewer line issue. RP told the Board that there would be no way of placing the sewer lines on the road as the water lines run directly in the middle of the road.
JN made a motion to adjourn, MC 2nd, so voted all.
Meeting adjourned at 6:40 pm.
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