10/16/06

SELECTMEN’S MEETING MINUTES                                                                                                              

October 16, 2006

PRESENT:  Ted Poirier, Ed LeBlanc, Angela Cushman, Jim Trask

ABSENT:  

OTHERS PRESENT: Scott & Sheila Dube, Fred & Carol Gay, Darrell & Lisa Whitney, Brian & Phyllis Woodworth, Wilma Harris, Bill Kany (lawyer for Dubes), Tim Murphy (lawyer representing the Town), Gaylen Hall, John Gay, John Boissonnault, Bud Waycott

Selectman Ted Poirier declared the meeting open at 19:16

ANNOUNCEMENTS:

APPOINTMENTS:           

OLD BUSINESS:

1.       

 NEW BUSINESS:

1.      Discussion was held regarding Steele Rd. At the last Selectmen’s meeting held 10/2/06, Ted Poirier – Selectmen Chair, asked the parties involved to work out an agreement.  Ted Poirier asked whether any agreements had been reached by the parties.  The response by the parties was that no agreement was reached.  Bill Kany, Dube’s lawyer, did state that the Gays offered to the Whitneys to install their utilities underground in the Steele Rd right of way, but would not allow the Whitneys or the Dubes vehicle access on Steele Rd.  This didn’t help much and they needed access at a minimum for the Whitney and Dube homes.                                

At this time the Selectmen gave the parties involved a letter from Amos Gay to read and to see whether an agreement could be reached after reading the letter.  Ted Poirier asked the parties if an agreement could be reached or should the meeting continue.  Parties asked to have the meeting continue.

Bill Kany, Dube’s lawyer, stated there are a couple of things that we could agree on Steele Rd. At one point Steele Rd was a town road and now we just need to determine what it is today.  There are two primary ways that what is a town road stops being a town road 1) a vote by this body which never occurred and 2) non-maintenance of the road way for 30 consecutive years creates a presumption that the road has been abandoned.  Presumption of that abandonment can be rebutted by evidence that manifest the clear intent by the municipality and the public to consider or use the way as if a public way.  Historical facts:  Starting at 1965 and going backwards 30 years would be 1935.  Did the town do zero maintenance to that road for 30 consecutive years from 1934 to 1964.  After 1965 if a road has been abandoned, there is going to be a public easement.  Starting at 1977 and going backwards 30 years would be 1947, there is going to be public easement plus utilities.  Was there a period of 30 years of non-maintainence?  Did public consider the road a public way?  In 1969, the Selectmen considered the Steele Rd a public road. The document calls the Steele Rd./Clarence Smith Rd a road and the Town asks permission not to plow it in the winter time.  Evans McLaughlin owned the property prior to the Dubes and he received 3 different building permits from the town to make improvements to what is considered the Dube property.  Building permits are not granted unless you have access to the property.  Only access to the property at the time was over what is now the Steele Rd. There is additional evidence the town which gave these permits considered this a town way in 1986.  Building permits were issued to the Dubes in 2005 along with a certificate of occupancy which indicates that they have an address on Steele Rd.  The Whitneys received a building permit this year with an address on Steele Rd. All indications that the Town considers to be a public way. Also the Town has received statements from the Harris family. In these statements Jessie Philbrick talked about some periodic maintenance having been done late 80’s and 90’s.  Harris’s always understood as this being that being a town way.  There is no definitive documentation that in 1940 the Town stopped maintaining the Steele Rd. The presumption of abandonment has been rebutted by all of the things that have happened since then.  Now what does that mean?  Possibly, it means that Steele Rd is still a public way and supposed to be plowing and the town is not doing that anymore.  The Dubes are not here to ask the Town to start maintaining the road.  The Dubes are here to state that this is public easement just like the document the Town signed for the pole permit from Verizon.  Permit indicated Steele Rd. as a public easement. Again, evidence that the Town considered this a public way.  This means that the Town does not have to do anything to the road except that the Dubes and Whitneys get to use and install utilities to get to their houses.  The Town still has the right to come back later and say we would like to turn this into a public way again.  We abandon this, but the abandonment ended (30 year period) after 1947.  Per Amos Gay’s letter he states he has been around here for 60 years.  If you go back 60 years you are 1947 and then go 30 years forward you are in 1977 public easement and utilities is there.

Mr. Gay stated what was presented was interesting and we will be discussing and taking under advisement and personally do not find it compelling evidence.  We feel it is private land for the reason of abandonment. 

Ed LeBlanc stated that the decision is solely based on the letter of the law and in particular to this one County Commissioner court document which at that point the town seems to acknowledge that the Town has ownership on that piece of property.  The Town believes that the road has been abandoned but abandoned in close enough proximity that the Dubes and Whitneys will have access for utilities and vehicles. 

Jim Trask stated that according to these documents that until 1979 that the Town has claimed ownership.

Copies of documents were given to the Gays.

Discussion was held regarding when documentation would be ready to give to Verizon.  Gays asked why now things are moving so quickly.  The Gays had asked for this discussion to be delayed because their attorney could not be present tonight.  The Gays lawyer faxed a notice to the Town on Friday asking for this discussion to be held later.  Carol Gay stated that they did not know that Mr. Kany would be here and when we heard that we felt very threatened.  Our lawyer had other obligations and that is when we asked for a continuance.  Documentation for Verizon will be ready in a couple of days. 

2.      Wilma Harris was in to ask if the garbage on the Hollis Rd. and Union Falls Rd could be picked up.  Also, she asked whether the new Stop sign on Anderson/Dyer could be replaced with a Yield sign.  Angela Cushman will contact Mike Souiliere.

3.      Town’s Insurance Company is requiring gates and signs at the Transfer Station.  Selectmen will ask Mike Souiliere to perform work to complete requirements of insurance company. 

4.      Selectmen will hold a hearing to hear discussion on extending moratorium on route 35 on October 30^th at 7pm.

SIGNED:

1. 10/18/06 Payroll Warrant
2. 10/18/06 Accounts Payable Warrant

 REMINDERS:       

 ADJOURNMENT:   

  Motion by Jim Trask and seconded by Ted Poirier to adjourn at 20:16.