TOWN OF DUNBARTON

BOARD OF SELECTMEN

Minutes of Meeting

March 3, 2005

 

 

Present:          John R. Swindlehurst, III, Chairman

                        Charles Graybill

                        Mert Mann

 

                        Janice VandeBogart, Town Administrator

 

Meeting was called to order at  7PM.

 

Wayne Bracy:  Mr. Bracy stopped in to follow up on his letter submitted to the Board a week ago in regard to signage on Olde Mill Brook Road and other concerns.

 

J. R. Swindlehurst noted that the town would not be able to put up signs because of the winter months.  The Selectmen and Mr. Bracy went over the court case between Whitney and Bracy and the outcome of that case.  It was noted by the Selectmen that the judge stated that Olde Mill Brook Road ran from Black Brook Road.  This should have been Long Pond Road.

 

Mr. Bracy touched on the essence of the court case.  Mr. Bracy had put up a gate because the town had discontinued the road back in 1896 and he noted that the road was narrow and barely passable with a tractor.  Mr. Whitney, who owned land beyond the Bracy’s contested and brought the matter to court.   Mr. Bracy also noted that because of the gate the snowplows had plowed up to the gate and created a pile of dirt, also blocking the road.   Mr. Whitney told the judge that he could not go up the hill to his property because of the gate.  The court master walked the property and ruled that the gate be taken down and open the road to the public for access to hunt, fish, etc.  The court also stated that the speed limit be 5MPH on that road, 200 feet beyond the house (Bracy’s)

 

Mr. Bracy stated that the snowplow turn around, which is on the GPS land, might not be used in the future.  GPS has stated that this will be used as a driveway for their use and cannot be used as a snowplow turn around.

 

Research of town records mention property owned by William Fuller and Benjamin Perley.  It was noted that the Fuller property is now Peter Hecker’s property and the Benjamin Perley property is now Bracy’s.   The old records say that the road was closed to the Perley house.  In 1980 the Selectmen said the road went to the house and the town was only responsible to maintain the road to the Bracy home.

In 1982 the Selectmen came out to the property with Road Agent, Si Audet  and determined that the road ended to the last driveway of the Bracy property,  being the original road which went to the Stinson Mill.

 

The question was asked, what determined where the classification of the road as Class V ended.  Mr. Bracy stated that the Class V designation ended at his driveway.  It was also mentioned that when the Hecker (Richard)  house on Powell Lane was built the town voted to reopen Powell Lane from Route 13 to that house.   

 

Wayne Bracy stated that in the case of a discontinued road, the land goes to the abutters but others do have the right to pass for reasonable use.  If a person owns land and subdivides into multiple parcels, then does this constitute reasonable use?

He also pointed out that there can be no town / power easements on a discontinued road.  Mr. Bracy said that GPS told him that they intend to subdivide the land, put up one house and sell the remaining acres.  What happens in the future with this lot?    He also stated that he was concerned about GPS damaging the road in the spring

 

Regarding power lines coming in,  Mr. Bracy stated that he has an agreement with the Birons for underground power to their house.  This was done because the Bracys did not want poles so they gave permission to allowed the underground power lines to the Birons.

 

The Selectmen stated that there should be no problem putting the speed limit signs up in the spring but they wanted Mr. Bracy to understand that it might not be enforced by the town.  The signs should be put up at the end of the Class V section of the road or to the property line which is 850 feet from the Bracy house, north.  

 

It was noted that after the election the new selectman and the new road agent would be in on the decisions and also it was noted that the board should contact former Selectman Ernie Holm for reference. 

 

Historical Awareness:  Mert Mann met with them this week.  Bud Noyes would like to come in to see the BOS to see if the town would hire a reputable surveyor  to check out the cellar hole of the Putney house to determine if we know where the Robert Rogers Road homestead actually is.  They will be in later with a request. 

 

Mert Mann discussed various items that were on the agenda at this Wednesday’s Planning Board meeting.  It was noted that the board did not accept the application on the golf course. 

 

Building Inspector Ken Swayze was in.  He stated that the town had no real provisions for allowing people to camp on land while building.  The Board of Selectmen stated that it is a state law that it is allowed up to one year when a building is destroyed by fire.  The code says no long than six months.  When a trailer is there for that length of time it is required that an Occupancy Permit be issued.   It was the consensus of the Board of Selectmen to allow people to place a trailer/mobile home on land for a period of six months while they are building or rebuilding their home with an occupancy permit being required.

 

 

No comment from the public, the motion was made by Chuck Graybill to adjourn, seconded by J. R. Swindlehurst, the motion carried.

 

Meeting was adjourned at 8:30pm

 

 

                                                                                    ______________________________ 

                                                                                    John R. Swindlehurst, III

 

 

                                                                                    ______________________________

                                                                                    Charles Graybill

 

 

                                                                                    ______________________________

                                                                                    Mert Mann

                                                                                    Dunbarton Board of Selectmen

 

 

 

Recorded by:  Janice VandeBogart, Town Administrator