July 5, 2016
In Attendance: Paul F. Astorino, Robert S. Ciskowski and Carol A. Francesconi
Press: iBerkshires and The Courier
Robert read the Board of Selectmen meeting minutes for Tuesday, June 21, 2016; Carol accepted as amended 2nd by Paul with a unanimous vote taken. (The pothole complaint was for Lanesborough Road.
Highway Department, Peter LeFebvre:
- Working on new truck specs.
- Noted that the Debt Exclusion vote will take place on Monday, July 11, 2016 from 9am to 7pm at the Cheshire Elementary School.
Carol motioned to close the Applications for the COA Outreach Worker; 2nd by Paul with a unanimous vote taken. Peter Traub notified the BOS that there will be interviews scheduled and multiply town representatives will interview the candidates. Mr. Traub also questioned the BOS wondering if the Harbor Master, Paul Maloney, received a stipend for the excellent service he performs. In appreciation of the great job he does, Mr. Traub feels he will attempt to find some funding for at least gasoline for the boat. The BOS concurred that Paul does and outstanding job.
- The BOS reviewed and discussed the candidates interested in becoming a member of the Cheshire Conservation Commission. All candidates were highly qualified in the field of conservation. The BOS decided to start, with one year appointments, and offer the volunteer appointments to two out of the four candidates.
Appointed was: Raymond Killeen and Leah Kruszyna. Carol A. Francesconi will remain on the commission as the BOS representative. Paul made a motion to appoint Ms. Kruszyna and Mr. Killeen; 2nd by Paul with a unanimous vote taken.
- Paul noted that four (4) surveillance cameras were delivered and will be installed at the playground at the Cheshire Elementary School possibly by the Cheshire Fire Department.
Mail and Correspondence:
- Invitation from Gailanne Cariddi for the BOS to attend a seminar on Saturday, July 16, 2016 at MCLA.
Town Administrator, Mark Webber:
Police Chief Garner: Submitted weekly report.
Town Clerk, Christine Emerson: No issues or concerns.
In the interest of resolving an on-going fence issue and at the request of the Cheshire Fence Viewers, the BOS scheduled a meeting with the Cheshire Fence Viewers, Attorney Jeff Grandchamp, and resident,
Edwin Clairmont to discuss on-going fence issues between Edwin Clairmont and Bertrand Beiseigel for this evening.
The Fence Viewers posted a Decision on the issue and believed the issue was resolved. However, Mr. Clairmont did not agree and is especially critical on the Fence Viewers authority of stating a “Grazing Season” from the first of May to December 1. Mr. Clairmont stated that the Cheshire Fence Viewers have no authority to state a “Grazing Season.”
Fence Viewers Chairman, Mark Warner, stated that if the Fence Viewers have no authority then the Fence Viewers made a big mistake. He noted that the Fence Viewing Board has four (4) members and two
want nothing more to do with the issues that have been going on for years.
Clairmont: After the fence was divided, and the Beiseigel fence remained bad, Mr. Clairmont decided that small claim courts would resolve the issues. In May Mr. Clairmont repaired the fence. In summer of 2015 he went to small claims court and the court ruled against him. He notified the Fence Viewers and asked them to view the fence and to see the repairs needed. He would then go to small claims court for restitution.
In the fall he called Mark Warner, out of “Grazing Season” and wanted fence maintenance from November to May. Mr. Clairmont stated that there is no law that someone is exempt. He submitted forms and a letter from his lawyer. The complaint was that the Beiseigel fence is not in proper condition. The issues have been on-going for seven (7) years.
Said that the Fence Viewers don’t have to have Beisegel to build a fence like his. Fences have to be installed for different types of animals. The Fence Viewers can tell the owner what kind of fence can be installed. He
said Mr. Beioseigel was told by the Fence Viewers he is not to build any fence. Mr. Warner said, “NO.”
Mr. Clairmont wanted to know who is responsible for the twelve (12) foot section. Mr. Clairmont’s cattle have gotten out twice due to the fence.
Attorney Grandchamp, Attorney for the Town of Cheshire:
Attorney Grandchamp applauded the Cheshire Fence Viewers for taking a practical solution. The statue does not provide for a season. The laws go back three (3) hundred years and was for animals straying on to other properties. He noted that Mr. Beiseigel has no animals.
Attorney Grandchamp reported that he needs to go back in the files before he can advise the town. The cases go back to 1936, 1950, 2009 (Not a partition case) and older.
Mr. Clairmont wanted to know who is required to maintain the fence.
Attorney Grandchamp inquired if the Fence Viewers were paid $5.00 a visit and noted there was a short time frame to make an appeal.
Requested to put the issue on hold until the BOS hears back from Attorney Grandchamp. This will allow
Attorney Grandchamp sufficient time to research M.G.L. Chapter 49 Fences, Fence Viewers, Pounds and Field Drivers. Specifically; Sections 2, 3, 4, 5, 6, and 18 and any other pertinent cases, as he requested. Another meeting will be scheduled.
** Note: No documentation was submitted to the BOS.
Mr. Clairmont will receive a copy of the minutes once approved by the BOS.
With all business finalized, Paul motioned to close the meeting at 8:05pm; 2nd by Carol with a unanimous vote taken.
Carole A. Hilderbrand, Board of Selectmen’s Secretary
Paul F. Astorino, Chairman
Robert S. Ciskowski, Clerk
Carol A. Francesconi, Superintendent of Buildings and Grounds