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Warner Board of Selectmen Meeting Minutes Tuesday, Chairman Karrick opened the meeting at In Attendance:
Selectman David Karrick, Jr. – Chairman, Selectman David E.
Hartman, Selectman
Town Administrator – Laura Buono Absent:
None Others present: Allan N. Brown – Director of Public Works, Karen Kimball, Tom &
Doreen Given, Todd & Dottie Riley, Katherine & Burt Long,
Michael Franklin, Eugene & Wane Tobin, Bob & Sherie Berube –
For Alice Mancini A resident requested a copy of the meeting minutes for all those in
attendance. The Director of Public Works began by
first recognizing the complaints about the condition of Mr. Brown asked the residents what they
want: One resident said how about if we give the
road to the Town. Another resident asked about the new homes
that were built on the road, is it still considered a private road
because it is no longer a camp road.
Mr. Brown said in the deeds……………………..Another
resident quickly pointed out the taxes that they pay.
Another resident feels the Town wants it both ways.
Mr. Brown clarified to the residents that he does roads not
taxes. Another resident said if it were just a
couple of houses on the road he would take care of the road himself.
The Town is receiving a lot of tax dollars from the Hartshorn
residents, he doesn’t feel the residents want the road graded every
week. Mr. Brown said it’s the water that is
destroying the road, it has no place to go because where the new homes
are that is where the water would drain into.
The lawns have been built up, septic systems have been added and
because of the environmental laws the Highway Department can’t place
culverts where ever they want to. One resident said after the road is
graded, if there is no rain, the road will stay in good shape.
As soon as it rains the same pot holes appear.
He asked if the pot holes could be filled with hard pack.
Mr. Brown agreed that the surface is more sand than gravel; he
said over the years he has tried to apply gravel to the road but every
time the grade was changed enough to shed the water a resident (who no
longer lives there) would call and complain and the Town would end up
taking the gravel off the road. A resident name Karen Kimball asked Mr.
Brown if he has suggestions for the residents.
Mr. Brown said the Board of Selectmen have to make a decision on
how much and what they want to do because technically the Board of
Selectmen does not have the right to send the Highway Department to a
private road. He said there
are a number of options such as the residents forming an association and
taking care of the road themselves. The
residents can also petition for a layout to change the road to a public
road, but land would need to be given up because there is not enough
road way, (33’ is needed), which would result in a betterment
assessment. Another issue is
the drainage. A resident asked what if somebody is
willing to give and easement for drainage.
Mr. Brown said that would make things easier the other issue is
the required distance from the septic systems. A resident asked since the resident that
would call to have the gravel removed no longer lives on Someone asked about the fence that is in
the way. The residents said
the owner lives in Selectman Hartman is uncomfortable doing
any maintenance to Mr. Brown said when he took over in 1977
there were three roads that were private.
His goal was to clear up these matters before he retires; he has
resolved 1 ½ of the private roads.
He explained over at Tom’s Pond there are sections of the
road that went from private, to Town to private because sections were
taken for taxes. Mr. Brown
went to those residents for the same reason as the Hartshorn residents.
He has in his files three petitions signed by dozens of residents on
Tom’s Mr. Brown said the residents that live
beyond A resident asked about the required 33’,
how much of that would be maintained road.
Mr. Brown said only about 20’ – 22’ would be used, the rest
would be used for drainage and ditches.
The residents said the road in the last three or four years has
become 3’ wider. One
resident said he placed grade stakes to maintain a constant.
Another resident asked what would happen
if there is a structure in the way of the easement.
Mr. Brown said there are no hard rules to an easement. The Town Administrator will obtain more
information on betterment assessments.
A resident asked if anyone knows if there
is funding available from the Reinvestment Act.
The Town Administrator said it’s a private road and Mr. Brown
said he has not heard of anything for Towns. Another resident said now that the homes
are year round residences instead of camps, does that factor into
anything. They said they are
paying exorbitant taxes on a road that really isn’t private.
The Town Administrator said the road is private under ownership
not under residential use. Mr. Brown explained to the residents
because of the high cost to turn Another resident commented that the whole
Town contributed to the Warner Village Water Districts well when only a
small portion of the Town uses the system.
The resident feels that he has contributed and supported the
police and fire departments; this is a small road asking for help. A resident asked if there is a tax
reduction because they live on a camp road.
He asked if this can be compared, he feels it is not fair that he
is paying the same taxes as a resident that lives on a maintained road
he said the Town should adjust the taxes.
The Town Administrator said the residents are getting services on
a private road. The resident
disagrees. Another resident
asked why apartment buildings were allowed on a camp road.
The Town Administrator explained the word camp road is the
wording in the deeds it is still a private road.
Mr. Brown said again that he is governed by certain laws which
say he cannot maintain a private road.
Chairman Karrick asked if some of the properties on A resident said aside from the taxes the
area has gone from seasonal to full time and multi-family which has
increased the traffic dramatically.
Chairman Karrick asked Mr. Brown if the
Department of Environmental Services would allow drainage to the pond.
Mr. Brown said there would be a lot of permitting and design
work. Selectman Hartman recommends allowing time
for consideration of the resident’s comments and working towards
creating a plan. Another way
would be the Selectmen reclassifying the road as a Class V as well as
getting the deeds to reflect the change; Selectman Hartman feels this
would be a step in the right direction so the Town can legally fix the
road. Mr. Brown will return
to the Board of Selectmen with a realistic plan.
One resident is concerned because their
septic system is close to the road.
Mr. Brown said that he would work with everyone so that he knows
where everything is in creating a plan.
She also asked how financially responsible the residents would
be. Selectman Hartman said
that answer is still in the future.
Another resident does not want to find out that he needs to kick
in money when he feels he was charged for the last twenty years as if
the road was already there. Selectman
Hartman said the Board does not have that in mind right now. Mr. Brown
said again, the situation will be looked over, he will meet with the
Selectmen and if the residents are willing to work with the Town in
signing easements he would repair short sections as his time allowed.
Mr. Brown does not feel a petition would pass at Town Meeting. A resident asked if 100% of the residents
are needed to agree to the easement.
Mr. Brown said that is what would happen before, one resident
would hold out in the middle section of the road.
One resident said it was told to the two
owners of the new homes that A resident commented that at one time the
residents would receive their mail on Route 103.
She said in the earlier days there had to be an agreement with
the Federal Government to deliver the mail, the road had to be
maintained by the Town. She
asked what happened to that. Mr.
Brown said basically the mail man follows the snow plow.
Mr. Brown said the Town is not saying they have not maintained
the road, what the Town is saying is it is illegal and lets work
together to make it legal. One resident said she is beginning to feel
threatened. Mr. Brown said
that is not the intent, and does not want anyone to leave this evening
feeling threatened, it’s more of an informational meeting.
Another resident said she has spent
several thousand dollars fixing the suspension on her vehicle and is
motivated to do what is needed. Selectman A resident confirmed that the key to this
is to obtain the easements. Mr.
Brown said yes. Someone else
asked if the properties past “Mikes” house did not agree would that
stop everything. Mr. Brown
said no, as long as he can go from point a to point b.
Another resident asked what the cost would be to having the deeds
modified. Mr. Brown said the
cost is not outrageous. A resident recommended meeting in another
month. Mr. Brown said he
needs time to research first, it would be a help if everyone new where
their bounds are. Mr. Brown
also explained that the right-of-way must be described in the deed.
He also said when Selectman Hartman recommended closing this
meeting and proceed forward to begin resolving a long standing issue;
the Board has received a lot of good in put. 2. Adjournment A motion was made and seconded to adjourn
at Board of Selectmen David Karrick, Jr. – Chairman David E. Hartman Clyde
Respectfully submitted, Mary Whalen Recording secretary
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