The
business portion of the meeting began at
ARTICLE I: To choose all necessary town officers for the
ensuing year.
JR
Swindlehurst nominated Les and Joyce Hammond for the position of Hog
Reeve. The nominees were elected via
show of hands and were sworn into office.
Mr. Mullen noted it was his understanding that this was payback from
Hilary and Eric Hodgman who Les had nominated for the same position at a prior
meeting. Eric confirmed that from
bleachers…
ARTICLE II: Are you in favor of the adoption of
Amendment No. 1, as proposed by the Dunbarton Planning Board for the Zoning
Ordinance of the Town of Dunbarton, to amend the ordinance as follows (the
proposed additions are underlined below):
To amend “Article 4. Use and
Dimensional Regulations” to include revised and amended sections at:
1.) “C. Nonconforming Lots;” 2.) “D. Nonconforming Structures;” and to add new sub-section “d. Private Residential Wells.” under section “A. Use Regulations,” at
sub-section “6. Supplemental Provisions -.”
(Recommended by the Dunbarton Planning Board)
(By
Official Ballot)
These revisions
establish new and reduced setbacks for older, nonconforming lots created prior
to 1970; clarify the criteria for construction on such nonconforming lots; and
clarify the conditions under which expansions and additions may be made to
nonconforming structures.
It also allows for the controlled placement
of wells, town-wide, in accordance with more specific Town requirements;
allowing, however, for certain waivers in the event of pre-existing physical
constraints on building sites.
The new criteria
for nonconforming lots includes, but is not limited to: a) the requirement of a “certified plot plan”
for new uses and construction; b.)
emphasizes protection to individual and abutting properties; and c.) requires
proof of conformance to all applicable Town and/or NH Dept. of Environmental
Services requirements.
YES: 254 NO: 124 The Article PASSED
ARTICLE III: To raise such sums of money as may be
necessary to defray town charges for the ensuing year and make appropriations
of the same in the amount as follows:
|
|
|
|
|
Executive |
$87,965 |
|
|
Elections, Registration & Vital Statistics |
32,015 |
|
|
Financial Administration |
64,722 |
|
|
Audit |
7,800 |
|
|
Assessor |
25,300 |
|
|
Legal Expenses |
26,350 |
|
|
Personnel Administration |
159,711 |
|
|
Planning & Zoning |
25,900 |
|
|
General Government Buildings |
40,000 |
|
|
Cemeteries |
13,300 |
|
|
Insurance |
22,000 |
|
|
Police |
215,500 |
|
|
Fire |
127,028 |
|
|
Building Inspection |
67,115 |
|
|
Emergency Management |
850 |
|
|
Highway Department |
373,440 |
|
|
Solid Waste Expenses & Disposal |
194,926 |
|
|
Pest Control |
2,750 |
|
|
Home Nursing Services |
1,576 |
|
|
Community Action Program |
1,616 |
|
|
Welfare |
17,500 |
|
|
Parks & Recreation |
9,050 |
|
|
Memorial Day |
700 |
|
|
KTFCA |
300 |
|
|
Historical Society |
800 |
|
|
Hearse Restoration & Preservation |
2,000 |
|
|
Library |
70,690 |
|
|
Conservation Commission |
590 |
|
|
|
|
|
|
|
|
|
|
|
$1,591,494 |
* |
|
|
|
|
* This appropriation to be offset
with $76,961 from surplus.
The Selectmen
recommend the passage of this article.
Selectman JR Swindlehurst made the
motion that the article be accepted as printed in the Town Report. Stated that the Selectmen have worked hard to
keep this as a “bare bones” budget. The
few items that are over last years budget are three new voting booths because
of the increase in population; a new, computerized phone system for the town
office; a reval of all the utilities; and a new open-top dumpster for the
transfer station for when the compactor is broken or during power outages when
we can’t use the compactor. He referred
to the $76,961 from surplus. That number
represents the second payment of the fire truck, which was $54,000; the rest of
it is the payment on the roll-off for the transfer station. The projected tax rate if everything goes
through tonight is $2.94 per thousand down from $4.14 last year.
There was no discussion. The article PASSED.
Before
continuing to Article IV, Mr. Mullen informed the assembly that a delegation of
high-ranking Russian Officials would be arriving shortly to observe Town
Meeting. He pointed out that the Russian
Federation Flag on display at the podium was there as a matter of protocol and
courtesy. The meeting continued.
ARTICLE
IV; The article was
read by the Moderator: To see if the
town will vote to raise and appropriate from surplus the sum of $43,950.00 for
the purchase of equipment for the Fire Department and to authorize the
Selectmen to accept a Federal Grant in the amount of $39,555.00 for this
purpose. The Selectmen recommend the
passage of this article.
Fire Chief, Jon Wiggin moved that he
wanted to amend the article to read: To see if the town will vote to raise and
appropriate from surplus the sum of $4,395.00 for the purchase of equipment for
the Fire Department and to authorize the Selectmen to accept a Federal Grant in
the amount of $39,555.00 for this purpose.
The move was seconded.
Chief Wiggin stated that this is a
Federal Grant that he applied for through Assistance to Firefighters
Program. The program came about because
the US Government saw how poorly equipped a lot of fire departments were while
dealing with the events of 9/11. In
fiscal year 2004 there was $750 million put into the program. Eight thousand awards were handed out and we
were fortunate enough to receive one of them.
This is the second one in four years.
It is a 90/10 split so the town’s share is going to be the $4,395 not
the $43,950. The government pays us the
$39,555.
One of the requirements when applying
for the grant was to be specific regarding the equipment that would be
purchased. We plan to buy three
items. One is more breathing apparatus and
spare bottles. That will give us a
complete replacement of all our breathing apparatus in the fire
department. This is a huge benefit to
the department. We have
state-of-the-art, modern technology equipment that the town would have had to
spend more than $60,000 for.
The second item to be purchased is a
thermal imaging camera. These cameras
are now a basic firefighting tool. We
are one of the few towns that don’t have one.
He explained some of the science behind the camera. Thermal imaging cameras actually view thermal
energy. The human eye sees light
energy. When the lights go out, we can’t
see anything. Almost every object known
to man gives off heat or thermal energy, also known as infa-red energy. These cameras are able to view that energy. It will enable us to locate people in
buildings, see in the dark, see through smoke, and see hidden fire in a wall
that would not be able to be seen by the human eye. These cameras are basic tool, but very
expensive. The one we are looking at is
$12,000 and still not top-of-the-line.
The third item to be purchased is an
extrication tool, also known as “rescue tool” or “jaws of life”. Our department does not have one. Every department around us has one and we
usually call mutual aid when we need one.
There are some incidents that we need to get someone out of a car
quicker than we can wait for mutual aid.
The total cost of the three pieces of equipment is about $43,950.
There was no discussion. The article PASSED.
ARTICLE V; The
motion was made by Fire Chief Jon Wiggin to see if the town will vote to
withdraw $4,250.00 from the Fire Department Equipment non-lapsing special
revenue fund to be used for the purchase of computer software to upgrade the
present defibrillator system and for the purchase of an incident reporting
software program. The Selectmen
recommend the passage of this article.
Chief Wiggin stated that Concord Hospital had some heart monitor
defibrillators that they had bought for the City of Concord. The City used them for a short time then went
to a different brand. They returned
these items to Concord Hospital. Four or
five area towns requested them from the hospital. As no criteria had been set to award the
equipment to one town over another, straws were drawn and Dunbarton received
one of the straws. The value of this
gift is approximately fifteen to
twenty thousand dollars. The only problem with it is it doesn’t have
an automatic mode for defibrillation.
According to the protocol we follow, a paramedic is the only one that
can administer a shock and defib somebody.
To make this user friendly for the Dunbarton EMT’s we have to upgrade
this piece of equipment and we need software to do that. $3,000 of this article
is for a software package to upgrade this unit so we can use it as an automatic
defibrillator. The other money is for
another software program we need. We use
the National Recording System for all the calls we go on. It’s also part of what’s required for
receiving Federal grant money. This is a
system the government uses to track incidents (fires, car accidents, etc.) It’s a lot of information that needs to be
put in a computer and retrieved. The
problem with our system is it is an original system and we can’t retrieve a lot
of that information and electronically send it to the New Hampshire Fire
Marshall’s office, which is an annual requirement for the department.
This money is in the account we set up a few years ago at Town
Meeting. It comes from insurance money
we collect from ambulance calls. (We
receive money from insurance companies if we transport somebody to the
hospital). The intent of the account was
to buy equipment and a new ambulance. We
haven’t touched the money because our intention is in probably five to six
years we will need to buy a new ambulance and we’re hoping there’ll be a big
chunk of money when it comes to that so we won’t have to come to the Town and
ask for a lot of money. Ambulances today
are running about $125,000. This account
was set up for the purchase of equipment and we feel this request
qualifies. There was no discussion. The article PASSED.
Note:
The Russian Officials arrived and were seated during presentation of
Article V.
ARTICLE
VI: The motion was
made by Selectman Charles Graybill to see if the town will vote to raise and
appropriate the sum of $11,625.00 for milfoil control at Gorham Pond and to
authorize the Selectmen to accept a grant from the State of New Hampshire in
the amount of $4,068.75, known as the Milfoil Control Grant, with the balance
of $7,556.25 to be taken from the
Conservation Fund. The Selectmen
recommend the passage of this article.
Mr. Graybill stated that the mission of
the Conservation Commission could be found in RSA 36-A:2: “the proper utilization and protection of the
natural resources”. The Selectmen feel
that it’s part of their venue that they should pay for the milfoil program out
of their funds rather than tax appropriated funds. He also thanked the Conservation Commission
for drafting and the Selectmen for accepting the Milfoil Control Policy for
Dunbarton’s Lakes and Ponds. The
document, which is available at the Town Office, is a policy regarding how the
milfoil problem will be controlled in all waterways within the Town’s responsibility. The floor was open to discussion.
Larry Cook, Chairman of the
Conservation Commission, addressed the assembly. He stated that the Commission
feels milfoil is a problem, but disagrees with the Selectmen in that they don’t
feel milfoil control is an appropriate use of the Conservation Fund. They feel the purpose of that fund is for
protecting land for conservation purposes. Milfoil is a problem at Gorham Pond,
and luckily is not yet a problem at our other ponds. They have posted signs warning boaters and
people visiting the pond to beware of milfoil and to watch for it. He stated that there are more details in the
Conservation Commission’s report contained in the Town Report. In the future, they would like to see funding
for milfoil control coming from another source and hope to work with the
Selectmen, Gorham Pond residents, and other organizations to find a more
appropriate funding source. The
Commission does feel milfoil is a problem and should be treated this year
therefore, ask that voters support the article as written.
Mr. Ralph Fellbaum asked if the control
being proposed for the milfoil is a permanent solution or will it be repeated
from year to year or every other year.
Selectman Graybill stated that this funding was coming predominately
from the State of New Hampshire and this year there is $60,000 for the entire
state, so it will be on a decreasing scale.
The milfoil program has two options.
One is a liquid, the other is a byproduct, which is immersed in the
water and drifts down to the bottom. We
tried it about two years ago using the liquid but it’s not as effective. This year, with this application, we will be
using the more aggressive form to treat it, but it is not a cure-all. Basically, we will have to treat it every two
years.
Rene’ Ouellette asked what the plan
would be for funding the response to the milfoil problem in the future. Selectman Graybill stated that based on the
conversation they had with the Conservation Commission, they have elected to
use this method this year and have a discussion between the Conservation Board
and the future Board of Selectmen in regards to how to handle it in the
future. It is a problem that will not go
away.
Tim Locke stated he couldn’t believe
that Mr. Cook said he didn’t want this to happen out of his pocket or the Conservation
Commission’s. He has been in Town 15
years and every year we voted and spent money on some conservation project and
we give 50% of the current use fees to the Conservation Commission. He thinks we can spend whatever the price is
to clean up that pond for a couple of years.
It is a nice pond used by many people including himself and feels we
could spend a few thousand dollars to clean it up.
No further discussion. The article PASSED.
Moderator
Mullen stated that at this time, he would entertain a motion to temporarily
suspend Town Meeting because we have honored guests from the Partners for Peace
Program between Russia and the United States.
He thanked the guests for coming to our annual Town Meeting on such a
bad night [inclement weather]. Motion
was moved and seconded. Motion PASSED.
Mr.
Mullen addressed the Delegation: “We are
very happy and honored to have you come to our annual Town Meeting. This is the Town of Dunbarton’s 240th
annual Town Meeting.” He introduced the
head of the delegation, Lieutenant General Vladimir Puchkov, Director for Civil
Protection of EMERCOM for the Nation of Russia.
To put this in perspective for Americans, this would be roughly the
equivalent of being the Deputy Director of Homeland Security for the country. With about 250,000 employees under him, he is
one of the most influential leaders in matters of Homeland Security and
national defense in Russia, and it is a unique and exciting opportunity to have
him and his colleagues here in the United States.
The
assembly greeted the Delegation with a standing ovation. Mr. Mullen introduced the Dunbarton Girl
Scouts who presented the delegation with Girl Scout Cookies.
General
Puchkov addressed the assembly (through an interpreter): “My Dear Friends, and My Dear
Colleagues: We are very happy to be here
this evening with you. Because we are
very interested in all events, all things that happen in your country. And we are especially interested in such
events like this event tonight because in Russia we try to activate programs
that would involve such kind of town meetings and such examples of
democracy. What I like especially is the
fact that despite very bad weather and snow that you all gathered here. This discussion is, at first sight, maybe
very not complex problems like saving a pond as I understood you’re talking
about and I think it’s a very, very vital issue and very important because of
our future children who will be growing beside and living on it. I would like to wish you for myself and on
behalf of my colleagues success and future prosperity. Thank you.”
The
Moderator introduced the members of the delegation to each of the Election
Officials. On behalf of the Town, they
presented the members of the delegation with several gifts and brief
explanation of their significance:
·
Envelopes
bearing the US Military Academy Stamp and a Dunbarton Cancellation Stamp which
the US Post Office gave to Dunbarton for one time only. It is a very rare item. (Presented by Selectman Swindlehurst)
·
Copies
of Dunbarton’s Annual Town Report. He
explained that every year the Town of Dunbarton has to make a report for the
citizens of the town. The report bears
information on what happened during the year including Dunbarton related
expenses, marriages, deaths, and other information. (Presented by Selectmen Swindlehurst)
·
Homemade
maple syrup made from Dunbarton maple trees by the Hodgman Family. (Presented by Town Clerk Linda Peters and
Deputy Town Clerk Diane Mullen)
On
behalf of the Dunbarton Police Association, Police Chief Jeff Nelson presented
each member of the delegation with Dunbarton Police Department coffee mugs.
Mr. Mullen reiterated that we are
honored to have the Russian Delegation come to our Town Meeting. He invited them to stay as long as they wished. He then stated he would like to continue with
Town Meeting and would entertain a motion to do so. Motion was moved and seconded. The motion PASSED. Meeting was resumed and polls were closed at
7:48 PM.
ARTICLE VII: The motion was read by the Moderator and
moved as read by Selectman Mann: To see
if the town will authorize the Planning Board to prepare and amend a
recommended program of capital improvement projects projected over minimum
periods of six years in accordance with RSA 674:5-8 and to raise and
appropriate from surplus the sum of $15,000.00 for the following:
Selectman
Mann stated that many in attendance had participated in the Master Plan
process. Some sent in surveys, some came
to Town Meeting and appropriated the $40,000 set aside for the Master Plan
(which came in at slightly over $20,000, not the $40,000). He held up copy of the plan (which can also
be viewed at the Town Office, Library, or on disc). The plan covers the next 10 years and effects
the quality of life in Dunbarton. There
are a lot of recommendations in that, the first of which is to establish a
Capital Improvement Program. Without an
updated, accepted Master Plan we cannot go forward and have a Capital
Improvement Program which is outlined in RSA 674:5. Tells how it’s handled by the Planning
Boards, whose recommendations go to all of the town departments. They look at fixed assets, large dollar items
that will go out on a six-year plan so that we’ll have a road map. Instead of saying, for example: this year we need a fire truck, next year we
need a police car, we need work done on the town hall – we will have these
recommendations which will be presented to the Selectmen for our inclusion in
the information we present at Town Meeting.
There is an ongoing cost to that.
It would be part of the Planning Board’s budget -- about $3,600 per year. We contract with the Central New Hampshire
Planning Commission. They worked with us
on the Master Plan over the last few years.
The
other two items, the build out study and housing inventory, is to give us an
idea through population growth and all other housing factors and land in town
over a period of time. The study would
give a time line that would show us if every piece of land in town was
developed and built on, how many years out it would be. The last item is an update of the subdivision
regulations and the zoning ordinances.
Kind of getting everything into one spot, as there have been a lot of
changes over the last few years. The
Planning Board is asking for the $15,000 to be funded out of surplus – not tax
dollars. We already have the money. He suggested that if anyone had further
questions, they could be directed to members of the Planning Board in
attendance.
There was no discussion. The article PASSED.
The
Moderator announced that even though he had closed the polls approximately ten
minutes before, he would allow and individual who had just arrived the
opportunity to vote. The voter had a
difficult time getting to the meeting because of the inclement weather.
ARTICLE VIII: The motion was made by Selectman Charles
Graybill to see if the town will vote to raise and appropriate from surplus the
sum of $25,000.00 to be added to the Capital Reserve Fund, pursuant to RSA 35
for the future construction of an environmentally safe road salt storage
building and to appoint the Board of Selectmen as agents to administer the
funds. The Selectmen recommend the
passage of this article.
Mr.
Graybill reminded voters that this is the third year the town is requesting the
$25,000. After several meetings the
committee decided where it will be located and what it will look like. It will be pole barn construction with three
bays: one for sand, one for salt, and
one for mixing. They did not anticipate
the cost structure. The project went out
to bid and the town received one response that was in excess of $126,000 for
installation. They feel that with the
$75,000 and a volunteer program using the town’s Road Agent they will be able
to satisfy this project with the cost of $75,000.
Margaret
Watkins asked if the plan is to build it this summer. Mr. Graybill responded that stumps have been
removed and the property graded. The
plan is to build this summer.
There
was no further discussion. The article
PASSED.
Article IX: The motion by Jeff Crosby see if the
town will vote to raise and appropriate the sum of $108.68 to be used as
determined by the Town Forest Committee; the same to be withdrawn from the
Winslow Town Forest Fund. The Selectmen
recommend the passage of this article.
Mr.
Crosby stated that this is something that is done every year to withdraw money
from the Winslow Town Forest Fund so that it can be spent on various forest
projects. The amount of interest varies
from year based on the amount in the account.
There was no discussion. The
article PASSED.
Article
X: The motion
was made by Larry Cook, Conservation Commission Chairman to see if the town
will vote to raze or remove the buildings acquired as a result of the town’s
purchase of the N. J. Nassikas lands and fold the surrounding property into the
Kimball Pond Conservation Area, when the town determines it is no longer in the
best interest of the town to rent the buildings.
Mr. Cook stated that when the town
bought the 699-acre Nassikas property 2 ½ ears ago, it included a small house
and two outbuildings. The same tenant
had rented the buildings from the Nassikas family for 22 years. He took full responsibility at his own
expense for maintenance of the property.
After interviewing him, we continued the same arrangement but doubled
his rent. There’s been $13,500 going
into the town’s general fund in the last 2 ½ years from the rental of this
property. At the present time, we feel
it’s an asset to the town having someone down there overseeing things, and
contacting the police when dumping or vandalism occur. It still occurs, but we have been making
progress towards reducing it. This
article is just to put out what we’d like to see down there with the support of
the town. When the town decides it’s no
longer appropriate to keep renting it, we’d like to raze it. If the buildings have historical or economic
value they can be removed.
David Schroeder asked for clarification
on the criteria for “when the town determines”.
How is the decision arrived at and by whom – by vote, or by the
Selectmen? Selectmen Graybill responded
that when the purchase of the Nassikas property came up a few ago, the
Selectmen requested the Conservation to hold a public meeting to discuss what
the townspeople wanted to do with the buildings in the future. We receive rent, but the town is not in the
position to receive rent. The funds are
going into the general fund; they are not reverting into the Conservation
Commissions. Our intent is to find out
what the public would like us to do with this property.
There was no further discussion. The article PASSED.
Article
XI: The motion was
made by Larry Cook to see if the town will vote to change the status of Whipple
Road from a Class VI Town Road to a Class A Trail. Whipple Road is a two-rod road established
in 1826, which begins at the northernmost intersection of Robert Rogers and
County Road, bordering the LaBranche and Amarosa properties, and runs through
the Kimball Pond Conservation Area to Kimball Pond Road. A Class A Trail is a full public right-of-way
subject to public trail use restrictions.
Abutting landowners are exempt from public trail use restrictions and
may use the right-of-way for agriculture, forestry or to access buildings or
structures existing prior to its designation as a trail, per N.H. RSA 231-A:1.
Mr. Cook stated that Whipple Road
starts at the intersection of County and Robert Rogers Roads, running between
the Amarosa and LaBranche properties. It
then hits the Kimball Pond Conservation area and goes through the Kimball Pond
Conservation area all the way down to just west of the Nassikas house on
Kimball Pond Road. One of the primary
purposes for doing this is to make it a trail so that it’s no longer a regular
motor vehicle road. It will be
consistent with the Kimball Pond Management Plan to have the property used for
low impact recreation. Under a separate
agreement with the State, we do have a snowmobile corridor that runs through
there which will not be impacted by this.
The RSA also gives the police the authority to issue traffic violations,
which we don’t currently have with enforcement of our local management
plan. It gives us more enforcement
ability and it makes the road into a trail, which is more consistent with the
conservation area. The Amarosas and
LaBranches can still use the road without any restrictions since they are
adjacent property owners.
Tim Terragni stated that he wasn’t
speaking against the article but said he had some questions regarding the
procedure. Because of the importance of
changing a Class VI road to a Class A trail, he wants to make sure we do it
right on the first one since we have a lot of Class VI roads in town. Asked if we need to have a public hearing to
do this or had there already been one before this was brought up. Mr. Cook responded that it just needed to be
brought to the town for a vote, just like changing a Class VI road to a Class V
or anything along those lines. Class A
trails and Class B are just continued classes of roads – not something totally
different. It still is a road just
labeled as a Class A trail.
Mr. Terragni asked if it took a simple
majority or a ¾ majority vote to approve.
Moderator Mullen responded it would be by a simple majority from what he
could see.
Mr. Terragni asked if the ownership
restrictions pertaining to the abutting property owners would be written in
their deeds. He referred to the section
of the article that named the property owners and asked if it should be written
as map and lot numbers so there’s no confusion five or ten years down the road
when the properties have been sold.
Would the restrictions be put on the warranted deed registered with
Concord?
Mr. Cook responded that it would
not. He does not think there’s a need to
specify lot numbers because the RSA specifically says “abutting landowners”
whoever that may be now in the future – they are not restricted by the trail
restrictions.
Mr. Terragni stated that the RSA talks
about construction or disturbance… obtain permission from municipal
officers. Would that be the Selectmen or
the Conservation Commission? Mr. Cook
responded that he remembered reading that and thought it probably referred to
the Selectmen but he wasn’t sure. The
Moderator asked the Selectmen if they could answer the question, but they could
not.
Mr. Terragni said that it talks about
management costs. He could see if the
trail is going to be gated it probably would get grown over. He feels the Fire Department will want to
have access to it. As far as clearing
the road, how will the management cost of that be taken care of in the
future? Mr. Cook responded the road as
it stands has been unmaintained for years.
The off-road fire apparatus probably could get through now, thought he’s
not sure how much the trees have grown in on the road. He’d be happy to work with the Fire
Department with any issues on that.
Mr. Terragni said that looking at the
map, it appears that the property owners have a lot of frontage on this
road. This means that future
development, if the property owners themselves wish to expand on their
property, could not use this road after it’s changed to a Class A trail. Mr. Cook responded that he felt that was
correct, that the RSA reads they can use the road to access structures that
existed prior to the designation as a Class A trail, so they would be not be
able to use that road if they were to build a new house or something like
that. Mr. Terragni stated that was why
he felt it was important to have it stated in their deed so that if someone
buys the property later on there won’t be any surprises.
Jeff Williams stated he could answer
the questions regarding funding for clearing and access for emergency use. The local snowmobile organization has funds
and revenue sources to maintain state corridor trail systems. This has been done before with the
Conservation Commission. They [the
snowmobile association] are willing to continue the same process. He also had a question specific to the
LaBranche property. Currently, there are
several obstructions blocking that right-of-way (a trailer and some other
items). What is going to happen with the
existing items? Is this only going to be
designated for access to future buildings or can they build upon that
right-of-way. Mr. Cook responded stated
that we are talking about a right-of-way, but it’s actually a road owned by the
town. So, one of the reasons to
designate it as a trail rather than discontinue it as a road is to keep it as a
public right-of-way. They can’t build on
the right-of-way itself because it is a road.
Mr. Williams said he knew there had been an issue about the specific
location of the right-of way and that at one time the LaBranche’s had that area
blocked off because it wasn’t specific enough.
Mr. Cook said that they did research to make sure that it was still an
existing town road, because Mr. LaBranche challenged that he owned the road,
that it was no longer a road. The
results of the research were sent to Mr. LaBranche around nine or more months
ago and have not had any correspondence from him. Regarding blocking the access way, we have at
least twice reported it to the police to ask them to pursue getting the
right-of-way unblocked since it is a public right of way – it is a town road. That is how we would continue with the
blockage in the future.
Mr. Williams stated that he agreed that
if there is a deed that it be done by lot and block numbers as opposed to
specific to the individuals that currently own it.
Jeff Crosby asked where the property
began and ended. Mr. Cook gave him the
boundaries. Mr. Crosby wondered if it
was a good idea to change it from a Class VI road to a Trail because it
actually accesses town property. If it
were a trail, would it be able to be brought back to that at some point for
whatever reason down the road? Mr. Cook
responded the town, as an abutting property owner, has the right to use that
right of way for forestry and agriculture purposes, so the town itself could
use that roadway for logging or for accessing with other motor vehicles. Regarding changing the designation in the
future the trail could, by town vote, be changed back to a Class VI road. There’s also a Class B designation that is
more restrictive. The abutting property
owners don’t have motor vehicle access any more to it.
Mr. Graybill said he was under the
impression that the way we purchased the Nassikas property that we as a town
could not do anything on that particular property. Mr. Cook stated that we have a forest legacy
easement, which is to ensure that the property is managed for forestry and for
public recreation.
Mr. Crosby said that he thinks of a
trail as something you would walk on, ride a bike on, snowshoe, etc. He’s having a hard time visualizing that
being a good access for logging or agriculture. Mr. Cook responded that the RSA just uses the
word “trail”. We have no plans to change
the physical characteristics of what exists now, which is just an old road that
hasn’t been used or maintained in a long time.
For logging purposes it may need some small tree clearing to widen it
back up. It will be available just as it
now for hiking, snowshoeing, cross-country skiing, etc. The restriction is just no wheeled motorized
vehicle.
Ralph Fellbaum asked if either of the
abutting properties had enough road frontage on Whipple Road that it they
wanted to subdivide under the zoning regs in that area they could if they
upgraded the road to town specs. Mr.
Cook remembers the LaBranche property as being around 7 acres, which is not
large enough to subdivide. He’s not sure
how large the Amarosa property is. Mr.
Fellbaum asked if the town would be open to a lawsuit if one of the properties
were sub dividable. Mr. Cook stated that
Brett St. Clair, vice-chairman of the Conservation Commission, did speak to Mr.
Amarosa and it is his [Mr. Cook’s] understanding that Mr. Amarosa supported the
article.
Jon Wiggin asked if the Amarosa
driveway is technically off the Class VI road now. Mr. Cook responded that his frontage is both
on Robert Rogers Road and Whipple Road and he uses Whipple Road as his
driveway. Mr. Wiggin asked if you could
have a house off of a Class A trail.
Stated his access is off the Class VI road that the town must have given
him permission to use. Is it going to
stay the same when we change it to a trail?
Mr. Cook responded that Mr. Amarosa would not be restricted. He can still use it to access his home and
any buildings he has on the property. He
can still access the rest of his property for agriculture and forestry
use. Mr. Wiggin said maybe it was a
technical point. We have restrictions on
people building Class VI roads, using Class VI roads as their access. He wants to make sure that the town won’t run
into problems saying you can use the Class A trail to access your property but
technically then you have a driveway off a Class A trail.
Hilliard Burnside felt we should have
gotten written agreement from the two property owners before we undertook this
action. If the road abutted his and the
town wanted to make a change he would expect some kind of effort to obtain some
kind of concurrence. It may have been
obtained but he had not understood that it had.
Mr. Cook stated that we did not get written agreement from the
landowners. Unfortunately Brett St.Clair, who had been dealing with the
landowners, was out of town at this time.
Mr. Cook stated the landowners could still access the property just the
same as they do now. He feels that we should make this road more compatible with
the Kimball Pond Conservation area. It
does not restrict the two landowners in a way that’s detrimental to them
because they are exempt from the restrictions.
Mr. Burnside said he was still puzzled as to why we didn’t get written
agreement from the landowners. If he
were in the landowner’s position he knows he would resent the town and this
action. Asked if there was a reason we
couldn’t wait till next year. Mr. Cook
said there was no significant reason we couldn’t wait. If we pass it now it would give the police
more enforcement ability to help manage issues that arise down there. Mr. Burnside asked what enforcement issues
would require police attention in that area that this change would make a
difference to our answer. Mr. Cook
stated he was not aware of any problems on Whipple Road, however on Rangeway
Road there have been dumping problems. We wanted to make this change to cut off
the possibility of that happening on Whipple Road in the future.
Terry Williamson stated she believes in
conservation, the safety of people’s houses, of where the fire department can
access and if they can’t and the house burns down there’s liability
issues. She believes there are police
issues. Everybody has their own agenda
for this, which seems to be reasonable.
She doesn’t care to have people tell her what she can grow on her
property or how to access it whether it be walk through or ride through. Stated the abutters aren’t present and there
are no legal documents. If the abutters
decide to change their property in some way in the future and it’s now being
restricted without it being on their title, that that would leave the town open
for a lot of legal issues. She agrees
with it, but not without the abutters.
Suggested it be put on the table and brought to a future public meeting.
There was not further discussion. The article FAILED.
Article XII: The
motion was made by Selectman Mert Mann to hear the reports of agents, auditors,
committees, and other officers heretofore chosen and pass any vote relating
thereto.
Mr. Mann explained this was an annual housekeeping article asking the
legislative body to do subject to the errors and omissions that may be found in
the town report is to accept the town report as our official document of
2004.
Mr. Mullen noted that page 142, Town Clerk hours was incorrect. Should be Wednesday 2-5PM not 9 till
noon.
Nancy Lang, Old Home Day Committee, noted that page 89, Old Home Day
Report, last paragraph should read “Old Home Day will now be coordinated
by the Recreation Commission”.
There was no discussion. The
article PASSED.
Article XIII: The
article was read by the Moderator: To
transact any other business that may legally come before this meeting.
The Moderator announced the winners of the raffle held by the Town
Common Committee: Steve Cohen, Skip
Trudeau, Natasha Richard, Michaela Blanchette, Gayle Troy, Rick & Marlene
Kincaid, Sharon Driscoll, Len & Beth Lamarca, Joyce Hammond, and Margaret
Venator.
The Moderator stated there were over 400 ballots to count and requested
that registered voters who would be willing to stay to help should inform the
Town Clerk.
Motion was made and seconded to dissolve the meeting. Meeting adjourned at 8:34 PM.
Note: 108 registered voters who were in attendance at Tow Meeting voted on the preceding articles.
TOWN
ELECTION RESULTS – MARCH 8, 2005
Number of names on the Checklist: 1862
Number of ballots cast: 399
For Selectman for three years Lynda
C. Burnside 169
Vote
for ONE Leslie
G. Hammond 220
For Road Agent for three years Jeff A.
Crosby 254
Vote
for ONE Adrien
“Skip” Trudeau 136
For Board of Assessors for three years “Tim” Terragni 324
Vote
for ONE
For Town Treasurer for three years Pamela
Milioto 337
Vote
for ONE
For Trustee of the Trust Funds for
three years “Ron” Slocum 317
Vote
for ONE
For Library Trustee for three years Meegan
McCorkle 262
Vote
for TWO Lori
Wamser 256
For Ethics Committee for three years Jacqueline A.
Kennedy 285
Vote
for TWO H.
Gary Maccubbin 240
For Cemetery Trustee for three years Brian Pike 180
Vote
for ONE Theodore
Vallieres 161