Meeting location: Town offices
Date: May 16, 2019
Members present: Jay Jacobs, Kathy Scott, Andrea Hodson
Meeting opened: 7:00 pm; Meeting adjourned: 9:42 pm.
Members of the public:Don Page, Don Scott, John Cucchi, Anne Cucchi, Scott Oliver, Barbara Watkins, Jeannie Eastman, Pamela Worden, Charles Faucher, Mary Luella Zahner, Susan Holland
Pamela Worden/Charles Faucher– Ms. Worden and Mr. Faucher, of 153 Skatutakee Road, having applied but subsequently withdrawn an application to the Planning Board for a Voluntary Merger of 3 parcels, requested that the Select Board reconsider its position in the 2007 legal decision affecting this voluntary merger application.
The litigation involved a lengthy dispute over a railroad deed to the town and many parcels along Skatutakee Lake Road. In this case, at issue was whether or not the town had acquired a fee interest, and public right of way, over one of Ms. Worden’s parcels, Map-30 Lot-87. Ms. Worden respectfully disagrees with the town counsel’s position that the public right of way traverses her parcel and requests that the SB reconsider its stipulation to the Planning Board that maintenance of the public right of way be a condition of approval of Ms. Worden’s voluntary merger application.
Jay Jacobs noted to Ms. Worden that the settlement of 2007 involved parcels with residences and not empty parcels and that the town has no right to deed parcel owners where no house exits. The property owners argued otherwise, and submitted paperwork and map (attached) to the board and requested they review it. The SB moved and voted unanimously in favor to review the information and the 2007 settlement agreement.
Barbara Watkins/Trails Committee– Barbara Watkins and representatives of the Trails Committee expressed concern over the condition of the Brown Road to Chesham Depot rail trail, the backbone of the town’s trail system. Excessive moisture and overuse by ATVs have damaged several portions. The committee hopes the SB can help or help fund the hiring of a contractor, in conjunction with volunteers, with major maintenance effort and to crown the wettest portions of the trail. Following additional discussion, the SB proposed that the committee draft a plan with estimates for materials and labor, and a timeframe, for review by the board. The committee agreed. In addition, Ms. Watkins will research possible grant opportunities.
Anne and John Cucchi– The Cucchis updated the SB on their ongoing work to grade Logan Road to specifications required. SB noted that prior to any issuance of a building permit, the Cucchis must submit a plan addressing all of the required elements of the Planning Board’s conditional approval, including slope measurements, distances and dimensions of width of travel surface and width of ditches, that could be agreed to in writing.
Separately, on the Worden matter, the Cucchis disagreed with the property owners’ position and hold that the prior owner of the subject parcel did not do a proper title search and sold property to Ms. Worden that was the town’s.
At 7:45 pm, per RSA 91A-3(II), the SB moved and unanimously voted in favor to enter into non-public session to discuss internal matters. At 7:55 pm, SB moved and unanimously agreed to exit executive session.
Departments and Committees:
Highway– SB will discuss with Road Agent if he looked at Eversource pole on Lampman Road. Separately SB noted that Hancock Road project is scheduled to begin in early June.
Health– SB acknowledged receipt of water test at the spring and noted e-coli and coloriform levels in normal range.
Code Enforcement– SB conducted a site visit on May 11 at property of Building Inspector and were satisfied that all work meets the regulations and setback requirements.
Recycling-SB determined, based on the recommendation of MDS, that getting an additional, smaller bin for co-mingles is not cost effective for the town.
Common Threads– Andrea Hodson will draft the next SB submission.
Documents signed and reviewed
-SB signed SB Meeting Minutes of May 9, 2019.
-SB acknowledged receipt of Safety Committee Meeting Minutes.
-SB signed two Intents to Cut Timber for George Colony Map 50 – Lot 9 and John Colony Map 50 lot 17.
-SB signed financials in the amount of $17,762.85. SB also reviewed financials for the first third of the year and noted they are on track with the approved budget.
-SB will attend Memorial Day Service Sunday, May 26th,at 11:00 am at Veteran’s Park.
-SB will attend annual SWRPC meeting on Tuesday, June 11, in Keene.