Town of Greenfield
PUBLIC HEARING – RSA 231:157-158 – Scenic Roads
Tree Cutting on Muzzey Hill Road
Thursday – June 22, 2006 – 7:00 pm
Present: Planning Board members Dario Carrara, Chairman; John Halper; Sheldon Pennoyer sitting in for Marilyn Fletcher; Gill Morris; Mike Borden; and Kevin O’Connell.
Public: Mark Cilley; Gene Mitchell (see sign-in sheet); Selectmen - Chairman, Conrad Dumas; Selectman, Aaron Kullgren; Selectman, George Rainier.
Catherine Shaw taking minutes
The Public Hearing was called to order by Dario Carrara at 7:07 pm.
Carrara announced the purpose for the meeting and that it was notified in the papers and at the Town Office and the Post Office.
Carrara stated, Mark Cilley is looking to upgrade Muzzey Hill Road.
Mark asked if they could begin cutting trees, prior to the wetlands permit. Outside the stonewall there are certain trees that have to be cut down. They are within 15 feet of the centerline. It (road) will be 20 feet wide.
It was asked about removing the stonewall? Cilley stated, not the stonewall just certain trees.
Halper asked, how far back is the farthest one from the road? It is a 2-rod road. Are they marked at all? Just what’s on the drawing. The plan for the road was looked at. He needs to cut the trees inside the stonewall.
Dumas said, one tree was in the wall. Cilley said, he will leave what ever they can, but any tree that has to come down, they want to do now. He will cut both sides of the road.
Morris asked, how soon will approval for the road be done? The trees will be cut for improving the road.
Mitchell asked, what if he never gets approval? Gene was asked to hold off his comments by Carrara.
The selectmen have O.K. the progress.
Cilley showed, there are wetland issues on one side. They are minor not a major wetlands impact. Carrara said it is seasonal snow run off. Everything is wet this year. It was submitted 35 days ago.
Carrara asked are there any questions for Board?
Is it an easement? Who owns the road? Or right of way? We usually own the right of way.
Carrara said it was now open to the public.
Mitchell asked, what if he just wanted to cut the trees?
They’re not on his property. If the Town owned the land the Town could say one way or the other.
Cilley stated, Mr. Russell has no problem doing anything. (He) can get it in writing.
That would be prudent. If Mark gets permission can he start cutting?
Does he have to, subject to gates and bars? No one has ever researched to see. If the Town abandoned the road, then it can be subject for gates and bars. It (gates and bars) was for farm animals.
The issue here is, does he even have to be here? If he owns the trees does it even need approval?
Get the approval for the other side of the road.
Carrara would want a motion.
But should they make a motion if he owns the trees. If they are the Towns and the approval of the road fails, then the Town is giving him permission to cut the trees on a Scenic Road.
He needs the width to bring it up to Class V status. There his trees or the Town owns the road and we need the approval of the project. He wants to get the trees, one of several things he needs to do to update it to Class V.
Borden says if it’s not a Planning Board issue and someone down the road has something to say about it, we could be liable.
To the best of the Planning Board knowledge the Town does not own the land. If the property line is the center of the road it’s a right of way for the road. It depends on how it’s laid out. Can’t make the assumption that the property line is the center of the road.
Halper made a motion: If it is determined in the future, if the Town owns the road the Planning Board is giving approval for cutting these trees.
Discussion on the motion.
Motion: To cut their trees only if the Town has a right of way and to get approval by Mr. Russell to cut trees on his property.
Discussion on the motion. He should get written permission.
Motion: To approve the removal of the trees that the assumption that the Town has a right of way only on Muzzey Hill Rd and that it is contingent on Mr. Cilley getting written permission by Mr. Russell for the removal of the trees on the East side of the road. Motion was Moved and Seconded.
Discussion on the motion. Nobody thinks that the Town owns the land underneath.
O’Connell stated, he can’t “assume”. Change the motion, rather than assuming it’s just a right of way, if it’s determined that the property line is the center, then no motion is needed.
If we don’t need the motion, it’s just sitting there.
More discussion on the wording of the motion. It was agreed to change the motion.
Motion: To approve the removal of the trees, if the trees are sitting on town property. It is required that Mr. Cilley get written permission from Mr. Russell prior to removal of the trees on the East side. Motion was Moved and Seconded.
Carrara asked, any discussion?
Morris asked Mr. Cilley, how close are you on getting approval? Cilley stated, 15-90 days.
What if they want to start building, would you give it to them? Then we don’t need to vote on it. If it’s Town property and he cuts the trees on a Scenic Road for no reason, then what?
It was called to take a vote. Voted: 4 Yes and 1 No. Motion passed.
Motion to adjourn at 7:40 pm.
Rainier apologized to the Planning Board for the meeting mix-up. The hearing was posted for 7:00 pm.
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