Public Hearing

February 25, 2006

Present:                       Henry C. Cobb

                                    Norman John Arrison

                                    Daniel Boyer

                                    Patricia Daniels

Others Present:            Larry Melen, Town Manager

                                    Susan Boyer, Parks & Rec

                                    Rhona Morris, Land Owner

                                    Clive Morris, Land Owner

                                    Julia Lloyd Wright, Eagle Times

            Mr. Melen noted that for the record the site visit was at 3:30 p.m. this afternoon and everyone present except himself perambulated.  The Public notice was signed on January 6, 2006 and was mailed to the Morris’, abutting property owners, Steve Mongeon and Vermont Agency of Transportation N. Brattleboro District II Office.  The notice was posted at the Ascutney Post Office, Perkinsville Post Office, Town Office, Downers Corners Store, Proctor Library and in The Message.

            Mr. Cobb convened the Public Hearing at Martin Memorial Hall at 4:16 p.m. 

            Mr. Melen said that in 1975 the official highway map by the Vermont Department of Highways shows Town Highway 46 marked as discontinued.  There is no written record of disposition on Town records.  Mr. Melen said the surveyor did a record search and did not find a record.  Mrs. Morris said that is true neither did their Attorney, George Lamb. 

            It was discussed this was discovered through Mrs. Bearse during the subdivision process.  Mr. & Mrs. Morris are looking to subdivide their property into three parcels. 

            Mrs. Daniels asked if all three lots front on Girdlot Road and back towards the interstate highway.  Mr. Morris said yes.  Mrs. Daniels asked if the lot they intend to build on is to the North.  Mr. Morris said yes. 

            Mr. Melen asked the total lot size, Mr. Morris said 38.9 acres.

            Mr. Cobb asked if this process was holding up the subdivision, Mr. Morris said yes.  Mr. Melen said the Planning Commission is ok with two lots the problem is because of the Town Highway Right of Way this will create one non-conforming lot. 

            Mr. Morris made mention people come down the road to dump and they’d like to stop that.

            Mrs. Boyer said she is the Chair of the Parks & Rec Committee and they are looking at trails.  Their general consensus is they don’t want Town Roads thrown up.  She said she sees potential trail use here and she would like to see this kept for trail use. 

            Mr. Tony Daniels said he feels it should remain as trail status.

            Mr. Morris said he has never seen walkers or horses on the road.  He feels there is a risk going through the culvert therefore, you can go 2/10 of a mile and then there is no where to go, you need to turn around and come back the same 2/10 of a mile. 

            Mr. Melen asked if there was a fence at the Interstate.  Mrs. Boyer said yes, the fence goes up and around the culvert.

            Mr. Arrison asked the status of the road at the other end.  Mr. Tony Daniels said it is the Daniels Roberts Road gravel pit.

            Mr. Cobb said another example is Tenney Hill.  The fence is down there by the culvert and the State says they have no desire for people to go through the culvert.  Mr. Cobb said with this only being 2/10 of a mile the only value is for people to walk that and turn around as they are prohibited from going through the culvert. 

            Mr. Cobb said that a few months ago he recused himself from the Board as he argued the Old Route 5 Road went no where and he wanted that discontinued.  Mr. Boyer said that was different because there wasn’t a direct route to the old pavement where as this has a direct road to it.  Mr. Cobb said theoretically you could still use old Route 5 all the way to the Fellows’.  Mr. Boyer said this one you can distinctively see. 

            Mr. Melen said we have documentation that a chunk was cut out of this road in 1963, any idea when it stopped being used.  Mr. Tony Daniels said it was used until the interstate was put in during1963.  Mr. Tony Daniels said the road that goes up to Cooks pond could some day revert back to trail status, he doesn’t feel we should give these roads up.  Others examples are Mt. View, Ascutney Notch Road and Tenney Hill.  He said the Town won’t gain anything by giving up this piece of road, it will be a benefit for anyone who wants to go out and hike it.  The Town should maintain these; we should maintain this as trail status. 

            Mr. Arrison made a motion to discontinue what was formally known as Town Highway 46 from the intersection of Gird Lot Road proceeding east to the Interstate 91 Right of Way.  Mrs. Daniels seconded the motion. 

            Mrs. Boyer asked that if this is given up does it set precedence.  Mr. Melen said no, each one stands by itself.  Here we clearly have a road that by the Highway map was discontinued but not proceeded by written order.  There is a chance the record has been lost as we have found other hearing notices with no written order.  He said there is a contradiction in record on this particular stretch of road. 

            Ms. Lloyd Wright said speaking on behalf of the trails group their first booklet has been put out and the second booklet is being put out this year.  There are thirty trails known at this time and they have had lots of cooperation from the landowners.  She said the trail group hates to see anything thrown up. 

Mr. Morris said he doesn’t want this kept as a trail as he is trying to subdivide the land.  Mr. Melen said the Board has to decide if this particular 2/10 of a mile is functional as is.  Mrs. Boyer said she sees this as a functional trail with potential for picnic with the Town right of way near the brook.  Mr. Morris said he has been told they could be responsible for people getting injured on their land and he is concerned there may be a liability issue if someone is hurt.  There was discussion that this is not true in the State of Vermont, if you give permission for your land to be used as a trail you are not liable for injuries.

Mr. Melen said the Board has to determine if giving up this road is for the public good, necessity and convenience of the Town of Weathersfield. 

            Mr. Cobb called for the vote.  The vote was 2 – 2, motion failed to pass.  Mr. Arrison suggested we discuss again when a full Board is present to break the tie. 

            Mr. Arrison made the motion to recess the Public Hearing until March 9, 2006 at 7:30 p.m. at Martin Memorial Hall.  Mr. Boyer seconded the motion, which passed without dissent. 

            Mr. Arrison made the motion to adjourn. Mr. Boyer seconded the motion, which passed without dissent.  The meeting was adjourned at 5:01 p.m. on Saturday February 25, 2006.

                                                                        Respectfully Submitted,

                                                                        Lisa Sargent

Approved by the Weathersfield Select Board on March 23, 2006

                                                                        ______________________

                                                                        Henry C. Cobb

                                                                        _______________________

                                                                        Norman John Arrison

                                                                        _______________________

                                                                        Daniel Boyer