April_2_Amherst_Road

Board of Selectmen
Meeting Notes
April 2, 2009
(Special meeting called to address Amherst Road residents’ questions and concerns regarding the proposed change of layout.)

Present: Selectmen Martell and Martin, Town Counsel representative from Kopelman & Paige Jeanne McKnight, DPW Chief Rick Adamcek and about two to three dozen citizens & residents of Amherst Road.

Meeting called to order by Chairman Martell at 7:09 p.m.

Attorney McKnight took the floor to explain

that the purpose of the meeting was to inform the abutters of Amherst Road of the Board’s intention to “alter the layout” of the road and what, exactly, that would mean to residents.
that the process is simply to align the paperwork to reflect the reality of where the road actually lies and not to make any broad changes.
that the 1822 layout, in reality, shows the road going through people’s houses in some instances or behind the house instead of in front of it.
that the process is called a “taking” (of easements from landowners) and, after the ‘taking’, the old layout will be discontinued and the new easements/layout will be filed with the Registry of Deeds.
that the new easement will have less of an impact on residents’ property – DPW Chief Adamcek reported that the new easement will be six feet narrower than the current easement and that the pavement will not be more than one foot wider in total than it is currently and, in some instances, will be narrower – and, in fact Atty. McKnight went on to explain, could be of great benefit; the sale of those properties, for instance, would not be negatively impacted by a title search which might reveal that the road/easement actually passes through the home.
that the State is very particular regarding the process for the alteration and wants to ‘see’ a Certificate of Donation from every property owner abutting the roadway.
that if residents do not sign the Certificate of Donation then it will become very costly for the Town and, refusal will be of no real benefit to the property owners.
that a deed of easement, in the instance of owners not signing, could be obtained for each property at a cost of $125 each; a significant expense considering the 118 parcels affected.
that a ‘friendly taking’ with all property owners signing a Certificate of Donation would only cost the Town one $125 fee to register the deed at the County Registry.

DPW Chief Adamcek

had drawings of the old and new layouts available for viewing.
In response to an audience question about wanting to know “what I’m being asked to give up”, Adamcek offered to meet with individual property owners and review the layout in regard to their specific property.
Adamcek also informed those present that “vegetative swales” required by the State may make the road look a little wider in places.
Adamcek stressed that as the road is now laid out, on paper, the Town is ineligible for State funding to maintain or upgrade the road.
Adamcek reported that he has, unwittingly, checked off that the road is within the layout as planned when in fact it is not, making it ineligible to receive Chapter 90 funds.

DPW Chief Adamcek

In response to an audience question, Adamcek informed the audience that all roads in Pelham are designated as “scenic roads” and therefore are protected in regards to trees, stone walls, etc. Major changes to the roads are not allowed under the bylaw.
Adamcek also reported that the proposed plans have been approved by the D.E.P.
Adamcek stated that the road was last paved in the 1930s and is in desperate need of repair but that that is not possible until the easement issue is resolved.
He also stated that the road “hasn’t moved in the last eighty years” and he sees no reason why it should move “in the next eighty years”.

Other:

Considerable concern was expressed by the property owners in regards to what the State could choose to do with a change in easement.
Owners also expressed concerns regarding an eventual change in leadership in Pelham, and that future boards may not honor the spirit of the proposed easements.
Residents were assured by Atty. McKnight that their property taxes should not increase because their existing property was surveyed using the physical layout of the road as a reference and not the 1822 layout on paper.
The Planning Board has already signed off on the proposed alteration.
Selectmen must vote to alter the layout and then
Town Meeting must vote to accept.

Meeting adjourned at 8:05 p.m.

Respectfully submitted,
Kim Leahey