Untitled - Town of Windham

ANNUAL SENATE BILL 2 SESSIONSSelectman LoChiatto explained that this particular article is intending to allow the Board to accept the piece ofland in front of the existing Transfer Station and Highway Garage, owned by the State of NH ascompensation for a 1.6 acre piece of unused Town land near CVS and Shaw’s, that was taken by the Stateunder the eminent domain laws as mitigation land associated with the RTE 93 project. The sale value of thepiece taken would be less than $7500 as it is wetlands. Essentially, this is cleanup work that the Town andState have been working on, and they are to swap land.Motion made and seconded to place Article 14 on the Ballot AS STATED. Voted in the AFFIRMATIVE.ARTICLE 15. To see if the Town will vote to discontinue absolutely and completely, pursuant to NewHampshire Revised Statutes Annotated Chapter 231, Section 43, the sections of Lamson Road which traversesbetween the borders of Tax Maps 13-A-150, 13-A-155, 13-A-120, 13-A-100, and 13-A-102, meaning todescribe the former portion of Lamson Road which was bypassed as part of the State of New HampshireRoute 111 By-Pass Project.Selectman Hohenberger explained that this article is intended to discontinue the old section of the formerLamson Road, which was bypassed by the Route 111 project. The land will be conveyed to the abuttingproperty owners on each side of the former road.Thomas Case on Mountain Village Road asked why the road west would be considered landlocked.Selectman Hohenberger apologized for not having the maps on the overheard projection, but had handouts forviewing. Town Administrator Sullivan chose to interject.Administrator Sullivan noted that there were two parcels off the old Lamson Road which has access out toRoulston Road. On the other parcel, it’s Sullivan’s understanding after talking to the property owner andState officials they have access across new Lamson Road across 13A-155.Thomas Case specified that it was only a dirt path and that there is no legal right of way, or town road, andthere could be no development. Administrator Sullivan agreed that there is no legal right of way and therecould be no development or access to it unless the party was to get permission from the property owner,which is the State.T. Case reiterated that we could get access to the property that was previously discussed if we got permissionfrom the State. D. Sullivan expressed that the Town couldn’t. T. Case didn’t like the idea of being landlocked as a property owner.Michael Scholz of Balmorra Road feels that he’s not sure if the Town can do this, that possibly the Stateprohibits it. Town Attorney Campbell noted that property 13-A-150 has access to Range Road. In a shortanswer if the Town were to discontinue, the private easement would remain. With the issue of access, theTown can elect to discontinue. But the owner can assert that right as property owner to contest it.Selectman Breton wanted Town Administrator Sullivan to note that this article was a citizen’s petition to thepublic.Town Administrator Sullivan assured everyone that it wasn’t a citizen’s petition. This article was talked aboutfrom a citizen in the past. This particular article has been waiting for the last 3 years on the Selectmen’sdocket to be put on the ballot. Some of the property owners came forward with interest in discontinuing theroad recently, so it was to be put on the year’s ballot. Sullivan advised if someone was concerned with landlocking someone, then perhaps an amendment privy to subject of gates and bars, that way the Town won’thave to maintain it.M. Scholz said that his main concern was that it wasn’t ready to be brought forth, and that Attorney Campbelldoesn’t have the data, and can’t vouch for the map. He wonders if it should be amended if it’s null and void ifit were to pass.2012 ANNUAL REPORTS 12 TOWN OF WINDHAM, NH