Minutes
Selectmen’s Workshop Meeting
June 22, 2007
9:00 AM Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Peter Bock, Bill Netishen, Mary Bonser and Charles Brown, Town Administrator.
Others: Heidi Seaverns
Guests: Dave Fernald, Deb Stevens, Joe Welch, Cliff Bullock, Sam Demerit, John Teague, David Noyes, Chris Boldt, Jon Witham, Peter Landry, Peter Gylfphe, Sandy King and Bob Davidson.
Mr. Bock informed the audience that the reason for this meeting was to get clarification of the Square. Mr. Brown stated that the attorneys have discussed the proposed solution. There has been extensive title & deed research done and there is no easy solution to the issue. Attorney Teague informed the Board that he has spoken with Attorney Donovan and had given him all the information that would be discussed today and gave him an idea of what he thought would happen at the meeting. Attorney Boldt then began his presentation. He outlined the trail of documents from the 1700’s & 1800’s that reference the Square, how it was originally laid out and subsequent documentation to determine the layout of the Square. He referenced an entry in the Selectmen’s Account Book in 1768, which was for a survey of
the Square. Attorney Boldt believes this trail of documents confirm that the actual Square was not as it was originally laid out. Mr. Welch asked if anyone had considered the possibility that the reason for paying the surveyors and the entry in the account book could have been for a road report done in March of that year to establish points or markers on the Square or for Joe Cilley, agent for the Town, to remove any encumbrances from the Center Square. Attorney Boldt stated his client wants a solution that will satisfy everyone. He went on to state that he believes that the line drawn by Pete Landry in which he used a mirror image of the Dave Fernald side of the square is the line that should be used. A long discussion followed about the shed and whether the building that is now there was the original shed/blacksmith shop. Mr. Netishen stated that the shed had been built on the square but the land did not transfer with it. More discussion followed. Attorney Boldt made references
throughout his presentation to possible court action if this matter could not be settled at this time. He presented a new plan that reflected the solution offered by the Withams. Attorney Boldt gave a copy of the plan to Mr. Welch for Attorney Donovan. Attorney Boldt stated that if the Board of Selectmen and/or the Planning Board did not go along with this solution, or the subdivision was appealed, his clients reserved the right to fight for Parcel A. He went on to say that the Withams were reserving the Route 156 driveway access to this lot and that no further subdivision of the mother lot would take place. An audience member asked if restrictions could be placed on Parcel B to prevent it from becoming a parking lot. Mr. Witham stated he did not want any further restrictions put on his property. He also stated he believed he had made enough sacrifices giving up the additional lot. The conversation then turned to the boundary line agreement. Attorney Teague stated that the Board of
Selectmen cannot convey land outright without a vote at Town Meeting. He went on to state that in a situation like this in which there is no clear documentation of where the line is, the Board could enter into a boundary line agreement. Attorney Boldt referenced a document from 1803 that grants the authority to The Board of Selectmen to sell or release any part of the square and stated that if the authority had not been revoked, the Board still had the authority. Attorney Teague had not seen the document. Attorney Boldt stated the document had just been found. A lengthy discussion followed about which line should be used, the one created by Mr. Noyes or the one created by Mr. Landry. Bob Davidson spoke in favor of the solution before the Board. After more discussion, it seemed the most reasonable line was the one that was not against the building even though Mr. Noyes created his line from a deed reference. Attorney Boldt brought up litigation again if a solution cannot be
reached today. Mr. Bock asked Attorney Teague his thoughts on the outcome of a quiet title action. Attorney Teague expressed his uncertainty of a favorable outcome for the Town if the matter went to court. More discussion followed. The Board asked Attorney Teague to create the boundary line agreement document. Attorney Teague informed the Board they have to make the determination where the line is first. Mr. Noyes reminded the Board that the agreement should state the original bounds are lost and/or obliterated.
Motion: Bonser, second Bock based on presentation by Attorney Boldt and Attorney Teague the agreed upon line for the back boundary of Parcel B will be as depicted on the subdivision plan of the Withams dated June 2007.
More discussion about the location of the two proposed lines and the merits of each one. The lines are within 3 feet of each other.
Vote: 2 (Bonser, Bock) in favor-1 (Netishen) against. Motion passes.
Attorney Teague will draw up the boundary line agreement for the Board to sign the agreement at their meeting on Monday night (6/25/07). Mr. Welch stated he was unsure if Attorney Donovan would be able to make the Monday night meeting. Mr. Bock reminded everyone that this was the start of the process.
Mr. Noyes stated that this was a complicated issue and that this solution only dealt with one quadrant of the Square. Mr. Noyes asked Mr. Landry if he could have access to the research documents that he has on this Square issue. Mr. Landry stated that Mr. Noyes could have had access to the documents that pertained to this quadrant of the Square.
10:37 AM Having no further business before the Board,
Motion: Netishen, second Bonser to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Heidi Seaverns
Approved as amended
7/9/07
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