Private Roads Workshop
Derry Municipal Center Thursday, January 29, 2009
7:00 p.m.
Staff Present: Mike Fowler
Salute to the flag. Notice of Fire Exits and Handicap Access. Turn off Cell phones and pagers.
Roll call: Councilors: Wetherbee, Carney, Chirichiello, Benson and Chairman Metts
Councilor Fairbanks 7:05 pm and Councilor Coyle 7:13pm
Chairman Metts asked Mike Fowler to give a brief synopsis.
Chairman Metts questioned if the ordinance was adopted would that mean anyone who does not come forward with a petition under the ordinance this means their road is private and would no longer receive maintenance from the town.
Councilor Carney referred to the second page of the ordinance he has written.
Councilor Benson suggested that they go through ordinance definitions one at a time.
Resolution: Whereas
Councilor Carney suggested redraft by legal counsel of this section.
I Definitions
Councilor Chirichiello asked if there was a list of private roads.
II. Procedure
1. Filing
Councilor Benson asked questions in regards to file within the six month effective date.
Councilor Wetherbee feels that there was so much conflict with plowing private roads and not plowing. He would like to see it a longer time frame.
Councilor Carney suggested the following:
Petitions under this ordinance shall be filed within twelve months of the effective date. To continue to receive winter maintenance for the 2009-2010 winter season petitions must be received within six months.
2. Contents of the Petition
Petitions under this section shall be signed by (all) of the owners of property which have frontage on the Class VI highway or private road which is the subject of the petition.
Council discussed changing the word all to 2/3. It was felt that all would be difficult to obtain.
Discussion continued with explanations from Councilors of their interpretation of this section.
Consensus was the word all would stay.
Mike Fowler stated there were approximately 50 – 60 private roads in town.
Councilor Carney stated there would be a Public Hearing for final version of this ordinance.
- Layout
- RSA 647:40, III
- Action of Petition
If the petition is deemed in order, the Town Council, at the next regular meeting, shall refer the petition to the Planning Board.
Questions were asked regarding the process to go to the Planning Board. There was a lengthily discussion.
It was decided that there needed to be a legal opinion on the necessity of the Planning Board regarding the petition.
III. Standards for Granting Petitions
There was feeling that it should not be borne by the petitioner. The petitioner should be able to get this information from the town. There was a discussion on the roads with sewer around Beaver Lake.
- Occasion for Layout (no change)
- Prior Dedication Pursuant to RSA 674:40, III (no change)
- Factors to be Considered by the Town Council in
- RSA 674:40, III
Chairman Metts asked what is considered an efficient width.
Mike Fowler explained: Emergency Lanes NFPA 20ft old standard, 24ft if possible and 18ft minimum unless made a one way. These roads reflect the 1960 standards.
Council discussed what is acceptable. The road would or would be accepted “as is”. Liability was discussed.
It was discussed that it should be inserted into the Ordinance before the 1-6 Factors “These are the factors that may be considered for determination of the petition.” Councilor Coyle will email the Town Administrator on what should be stated.
Chairman Metts stated that the Ordinance has a sunset provision the 12 months.
Councilor Carney asked that legal counsel draft a definition of what an “abutter” is.
- Presence of Municipal utilities within the Right-of-Way
Does not mean drainage.
- Prior Maintenance of the Road
Town Council discussed definition of prior maintenance of the road.
Sufficient evidence that the Town has maintained the road historically, other than snow plowing or light grading required for snow plowing. For purpose of this section such repairs may include evidence that the Town has placed surfacing materials on the roads, such as millings or tar, heavier grading of the road so as to improve its traveled surface; installation of drainage and/or maintenance of drainage swales. Change to: Sufficient evidence that the Town has maintained the road historically. For purpose of this section such maintenance may include evidence that the Town has placed surfacing materials on the roads, such as millings or tar, heavier grading of the road so as to improve its traveled surface; installation of drainage and /or
maintenance of drainage swales.
The existing right-of-way shall not cross any wetland unless there is pre-existing permit for such crossing, culver or any other structure in wetlands. Change to: The existing right-of-way should not cross any wetland unless there is pre-existing permit for such crossing, culvert or any other structure in wetlands.
Legal counsel add this section
IV. Notices
V. Improvements to Reclassified Roads or Roads Accepted Pursuant to RSA 674:40.III
Nothing requires the Town to make improvements on any roads reclassified or accepted.
Town Administrator clarified that the Town has court decision in the Rainbow Lake matter to back this up.
VI. Official Map
Town Administrator Stenhouse recalled that Atty Boutin stated when the roads in question had been completed then the Planning Board would be directed to prepare an Official Map.
VII. Effective Date
VIIII. Interpretation and Severability
(Change: Section VII Effective date A & B remove and create Section VIII)
Adjournment: 9:30 pm
Recording Clerk: Denise Neale, Town Clerk
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