Untitled - Town of Windham

ANNUAL SENATE BILL 2 SESSIONSM. Scholz asked if T. Case was correct and there was some ownership from other property owners and if thisArticle were to pass would it become null and void.Attorney Campbell answered that if in fact that was owned by a fraction of property owners, then all of theproperty owners could get together and donate it to the Town. Or if they don’t decide to do that, then theythere would be no clear title for the property and the donation would not occur.D. Carpenter asked if Selectman LoChiatto recalled this particular topic, given that he was a Planning Boardmember at that time, if there were any covenants to Spruce Pond and when that was accepted, thatrecreational use would say on that covenant. Would the property owner even need the permission, if their fullintention was to have it as recreation field use in the first place.Selectman LoChiatto believes that D. Carpenter is correct, but recalled that it was 4 years ago. The TownCouncil reviewed the covenants and any covenants would have to be approved by the State as well, due tosubdivision process.Administrator Sullivan noted that all of these questions were brought to everyone’s attention during PublicHearing. For full disclosure, Sullivan wanted to share an email from the H&B’s lawyer Peter Bronstein.The email provided attachments for 3-B-601 declaration of open space that was recorded with the RockinghamRegistrar of Deeds. It noted that every conveyance has been subject to all terms and conditions providedwithin said documents. It specifically noted that the parcel be for recreational purposes, also that the openspace to remain in that natural state except with the approval by the Windham Zoning Board. No dwellings,structures, or service roads other than the roads shown on the Phase II plan. The email went on to say thatthat the section should not constrict the Town of Windham from building ball fields or anything similar torecreational facilities as allowed by the Town of Windham Zoning Ordinance.Laura Scott Community Development Director echoed what Administrator Sullivan stated. Also that legalcounsel has reviewed the title and deed to the parcel. It is not owned by the Association or the home ownersthat, in fact that the only property owner is H&B, this has already been cleared through the Planning Boardprocess. In all of the recorded plans this has always intended to be for the Town for recreational use.Motion made and seconded to place Article 16 on the Ballot AS STATED. Voted in the AFFIRMATIVE.ARTICLE 17. By petition of Dennis Senibaldi and others to see if the Town will vote to raise andappropriate the sum of $250,000 dollars representing the cost of engineering, design plans and constructioncosts associated with the construction of Phase I of the Spruce Pond Recreation Field, (Tax Map 3-B-601).Phase I to include the construction of a recreational sports field usable for, but limited to, Soccer, Lacrosse,and Football as well as the initial preparation work association with the final Phase II, namely the constructionof a baseball field. Further to authorize the Board of Selectmen to apply any federal, state or private fundsmade available therefore toward the cost of the project. This will be a non-lapsing account per RSA 32:7, VIand will not lapse for a period of two (2) years. A total of $260,000 worth of material and constructiondonations where previously given to the town to complete the preliminary site preparations for this project.Petitioner Dennis Senibaldi spoke on behalf of the Article. He brought this Article forward from thebackground of being the Chairman of the Recreation Committee for 10 years. These past years, he noted thathe has seen the Town grow and how many more programs that have been added to render the growth. Rightnow, he feels that there is no more space in these programs and now is the time to do something about it. Heshared that there was a safety issue with the upper field of Golden Brook School was eliminated. This year,the School has an Article on their ballot that asks for portables for Middle School, which if passed willeliminate fields there as well. He feels that every year the field usage is going down; however population anduse is going up. H&B Homes started to work on this project back in 2007, and asked Recreation what theycould do to help the Town. Recreation Committee felt that they were doing fine in 2007 with fields, but nowthey are struggling. The only field that has been added to the Town in his past 10 years of serving is GriffinPark. He is hoping that both Town and School can use this particular field. Some of the numbers weredetermined by site men, landscapers, electric company, and fencing company. The total number could come2012 ANNUAL REPORTS 15 TOWN OF WINDHAM, NH