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Attending:
Selectboard Members Brian Goodro and Acting Chair Barb Rainville;
Admin. Ass't Ann Kensek; Town Att'y
George Vince; guests Gordon Folsom, Carl Mahannah, Wendy
and Jim McIntosh, Bill Masterson and Elwin Isham
Barb
called the meeting to order at 6:31 and introduced the meeting,
saying that the sole purpose was to present the final surveyed
outcome map.
George
said that this was a working meeting, and that there would
need to be a Hearing and then 30 days wait before recording
the survey. The hearing will be warned in the newspaper and
notice will be sent to appropriate landowners.
The
last revision of the map was on June 16, 2010.
Barb
explained that the Board asked Larose to flag boundaries.
Discussion on markers.
Carl
Mahannah reviewed the map and said as long as he has access
he's okay with it.
Gordy
said he didn't have any major problems
with the map and he talked about the point where the road
turns from a class 3 to a class 4 and how it is measured.
He said VTrans measures distance on the ground and takes
the centerline of Grimes Road and counts 1.1 mile from there.
He passed photos of the location and said the end of the
class 3 road is in his property and that if he sells and
the new owner wants the Town to upgrade it could be a problem
for the Town. He said he came up with about 30 ft and gave
#'s of the location. Jonathan Croft at
AOT was his contact.
Bill
Masterson pointed out that the figures on the Highway Mileage
maps are rough.
Gordy
gave his information to the Selectboard and Bill Masterson
commented that the Town should maintain up to the end of
the class 3 portion of the road.
Jim
McIntosh pointed out that when the previous owners lived
in Gordy's place the Town plowed the circle.
Wendy questioned why the map doesn't show
the 3 rod ROW or 4 rod ROW, even though it is written on
the map.
Discussion
on Ken Weston survey and Larose survey. George pointed out
that the Town's obligation is to adopt
their survey. Discussion on statutory difference in obligation
between class 3 and class 4 roads. Discussion on 3 rod ROW
and 4 rod ROW and where Larose put the monuments.
George
pointed out that the whole road is 3 rod, regardless of whether
it is class 3 or class 4, and regardless of what came from
the Mastersons. The McIntoshes talked about the original
road being 4 rod and questioned why the Town shortened the
road.
George
clarified that the Town map confirms the location of the
town road, but does not extinguish rights.
Jim
said originally the Town said for them to get a survey done.
Discussion on the boundary. The McIntoshes said they aren't
happy and feel disrespected. This has cost them a lot of
money. Barb said it has cost the Town a lot of money, too.
Brief
discussion on road crew cleaning their driveways with Town
equipment. Traditionally this has been allowed.
The
Selectboard clarified for Carl Mahannah regarding the 3 rod/4
rod- that this doesn't take away his rights
from what might be there.
Discussion
on location of posts, Gordy's garage and
where the line is. George said there is painted ledge and
iron pipe. Posts are set flush. The posts show where it is
now, and a surveyor can find it even in the future. Larose
put posts in to mark the boundary.
Discussion
on markers on the centerline and side boundaries. Further
questions on Gordy's photos. George asked
Gordy if he's done with work on the road,
Gordy said yes and described what he's
done. Bill Masterson asked if Carl could get in on the 4
rod ROW.
Gordy
made reference to the Pierce property on Cobb Hill. If he
wants to sell his property he must have a survey from there.
Wendy
said when Ken Weston dragged their lines the survey came
out perfect.
Elwin
said that in 2007 after a meeting at the site Ken said he
had walked the property and made a sketch but that it was
not a survey.
Wendy
and Jim McIntosh walked out of the meeting while Elwin was
talking.
Discussion
on the turnaround. Brian Goodro said it was unfortunate that
not everyone was in the meeting and said that the Town's
interest is in the turnaround and clarified what was on the
map.
George
reiterated that this is not to establish the ROW or boundaries,
just the location of the Town road. Discussion on n the Town's
responsibilities and the landowners' responsibilities.
Elwin
said he found markers and where they were on both sides of
the road, 4 rods up to Chamberlains, deeded a separate way.
Gordy
talked about wanting privacy, not having cars driving by
and that he's concerned people will be
driving cars up there. He said it doesn't
matter to him whether it is a class 4 road or a trail.
George
said the Town understands that, but to redo the order of
2008 is improper. They made a decision back then. In hindsight,
it may have been a worthy proposal, but that is not what
happened.
Discussion
on landowners being able to petition the Selectboard to change
the class 4 status to a trail. Discussion on whether Carl
Mahannah can get in to his property. He'd
need his own legal counsel.
Barb
said the board can discuss it; she's not
opposed to it. Further discussion. Gordy and Carl can petition
the board to make the class 4 road into a trail.
Bill
pointed out that the Forest Service would also have to be
involved.
Discussion
on what the class 4 section actually is. It used to be called
County Road and it went over to Ripton. In the past things
were done on a handshake and not recorded. No one saw trouble
coming. Discussion on when the road was made a class 4, Ancient
Roads project and ambiguity. Beers Atlas from the 1800's
shows County Road ending where it does today.
Barb
talked about having the Hearing to adopt the map as presented,
have a 30 day notice prior to recording. The Hearing will
have a notice in the paper, etc.
The
date for the Hearing to accept the June 16, 2010 version
of the map of the southern terminus of TH41 was set for September
14th at 6:30 pm at the Lincoln Town Office. Gordy Folsom,
Carl Mahannah, the McIntoshes and the Forest Service will
be formally notified and the Hearing will be posted in the
newspaper.
Meeting
was adjourned.
Minutes
taken by Ann Kensek