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Weathersfield Select Board
Minutes
January 7, 2010

 

Present:                       Norman John Arrison

Dave Fuller

Daniel Boyer

Glenn Fisher (after the executive session)

 

Others Present:            Larry Melen, Town Manager

Lisa Sargent, Recording Secretary

deForest Bearse, Zoning Administrator

Ted Goddard

Julia Lloyd Wright

Lynn Houghton

Edith Stillson

Charles Johnson

Tony Daniels

Pat Daniels

Ray Sousa

Alan Hudson

Shirley Harlow

Melissa Snyder

Steve Snyder

Barbara Ingalls

Sissy Eaton

Jeff Eaton

Patrick Smith

William A. Smith

Peter J. Pratley

Tom Leever

Willis Wood

Tina Wood

Alden P. Dana

Deana M. Dana

Jim DiDomenico

Bob Carlin

Lynn Spurr

Jeff Spurr

Zacciah Blackburn

Chief Brown

Darre Moore

Michael Todd

Dale Gurney

Gene Limlaw

Another signature not legible

 

 

1.  Call to Order: Mr. Arrison called the Weathersfield Select Board meeting to order at 5:30 p.m. on Thursday January 7, 2010.

2.  Executive Session for the purpose of considering the appointment or employment of a public official:  Mr. Boyer made the motion to go into executive session.  Mr. Fuller seconded the motion which passed without dissent.

3.   6:30 p.m. Public Hearing, Ancient Roads Determination:  Mr. Arrison gave a brief history and the reason for identifying ancient roads within Weathersfield.  He said we have to have a map showing the roads we want to retain on a map and to the State of Vermont by February 10, 2010.  If we add roads after that date, but before 2015, the process will be more involved and more expensive.

Mr. Melen read a letter of recognition that the Select Board will give to each member of the Ancient Road Committee.  Mr. Boyer made the motion to direct the Chair to sign the letters of recognition.  Mr. Fisher seconded the motion which passed without dissent.

Mr. Arrison said we will discuss the roads one at a time.  Ms. Lloyd Wright said on behalf of the Trails Committee she asks the Select Board to retain all of them for trails.

Mr. Melen read the Public Hearing and said the process is to see if the Town wishes to retain rights to the roads as a Class IV road and then they can go through the process to reclassify as a trail if they wish.  Mr. Melen noted there is no required maintenance for a trail but the town does maintain the bridges and culverts on a Class IV road.

Mr. Todd asked the width's of a Class IV road vs. a trail.  Mr. Melen said it is how ever they were originally laid out.  Mrs. Bearse said most of the roads that will be discussed tonight are four rods but a few are presumed to be three rods.

Mr. Pratley asked if the town maintains the rights of a road is it a public way, Mr. Melen said yes - open to the public.

Mr. Snyder asked if the Town is planning on identifying any of these roads as unidentified corridors.  Mrs. Bearse said any of these roads that are not retained by the Town will become unidentified corridors until discontinued or reclassified.

Mr. Wood asked the process of changing a Class IV road to a trail.  Mr. Melen said the Select Board would have to hold public hearings, notify the abutting landowners and "visit" the area to make their determination.

Mr. Leever said he has a problem with vehicle traffic on Asa Grout Lane.  Mr. Melen said the default setting is Class IV but citizens can petition the Select Board for reclassification to a trail.

Mr. DiDomenico asked the rights of the landowner if it is a trail.  Mr. Melen said the Secretary of State says that abutting landowners may pent a road by installing an unlocked gate.  Mr. Melen noted that if it is a trail then the landowner can not use vehicles on it either.

Mr. Fuller asked how many miles of Class IV roads and how many miles of trails we have in town.  Mr. Melen could not answer that question; he said they are not tracked since no state aid is received for them.

 

Road A: starting at a point at the end of Town Highway 41, the so-called Hidden Glen Road, proceeding in a southeasterly direction roughly parallel to Route 131 to the eastern boundary of I-91; then starting at a point opposite on the western boundary of I-91 continuing in a southwesterly direction to the intersection of Town Highway 46, the so-called Goulden Ridge Road, with Town Highway 44, the so-called Goulden Ridge Road, then along Town Highway 44 to the intersection of Town Highway 44 and Town Highway 1, the so-called Weathersfield Center Road, thence crossing Town Highway 1 and continuing in a southwesterly direction to a mid-point on Town Highway 47, the so-called Perkins Hill Road at the intersection to town Highway 73, the so-called Grout Lane thence continuing along Grout Lane and thence southwesterly in a  line with Grout Lane for a distance of approximately one thousand, five hundred feet.

Mr. Arrison said information may not be complete, only searched back as far as 1830.  Mr. Fuller said he has a hard time supporting this if more information will be found.

Mr. Leever said he lives on Asa Grout Lane and owns a good part of the property on Perkins Hill Road to end of Road A which is in a Land Trust. He said the Land Trust prevents building but guarantees access to the trails so there is no need for a road to be there.

Mr. Eaton asked if all abutting landowners have been notified, Mr. Melen said to the best of our knowledge.  Mr. Eaton said he knows the Porter's and Hall's were not notified by mail. Mr. Eaton asked if we are talking about the entire Road A or bits and pieces.  Mr. Eaton asked if they can pick and choose sections of the road or if they have to classify the whole road the same, Mr. Melen said the Select Board can pick and choose if they wish.

Mr. Johnson said a large portion crosses through his property and it is a road to nowhere.  He said he was told the road was thrown up when the new road was put in.  Mr. Arrison said the question is, is it in the public good to retain the road and that is what the Select Board is trying to do tonight.

Mr. Todd said the Planning Commission should have given their input since these are being considered for the public good.  Mr. Melen said the Statute doesn't warrant having the Planning Commission participate so it wasn't sent to them.

Mr. Blackburn said he has heard the section of the road by Hidden Glen Road has been discontinued, Mr. Arrison said that is true - it has been discontinued.

Mr. Fuller said since the Hall's and Porter's were not notified of the Public Hearing he feels this road will need to be broken down in sections.

Mr. Snyder asked why not just discontinue them all.  Mr. Arrison said some have historical significance.

Mr. Arrison said let's look at the section between I-91 and Goulden Ridge Road.  Mr. Johnson said it doesn't border anyone else's property but his.  Mr. Fisher made the motion to retain the section of Road A between I-91 and Goulden Ridge Road, Mr. Fuller seconded the motion. Mr. Arrison said he will respect the landowners wish and vote no. Motion 0-4, motion defeated.

Mr. Fisher made the motion to retain the section between Tenney Hill and the Interstate, Mr. Boyer seconded the motion.  Motion was defeated 0 - 4.

Mr. Fisher made the motion to retain the portion of Road A at the end of the existing town road known as Grout Lane to the end of the original layout at the end, Mr. Boyer seconded the motion. Mr. Fuller asked Mr. Leever if he wanted it as a trail, Mr. Leever said he would like it discontinued.  Motion 0-4, motion defeated.

 

Road F:  starting at a point on Town Highway 6, the so-called Ascutney Basin Road, where it crosses Youngs Brook, proceeding in a northeasterly direction to the West Windsor town line.  Mr. William Smith questioned if this goes to the town line.  Mr. Melen said no, it veers off.  He said it abuts the wildlife management area but doesn't go into it.  Mr. William Smith said vehicles drive in and out of there now.

Mr. Fisher made the motion to retain the section from Ascutney Basin Road to the West Windsor town line, Mr. Boyer seconded the motion. Mr. Fuller asked who owns the land at the top chart we are looking at; Mr. Melen said it is the wildlife management area.  Motion carried 4 - 0.

 

Road G: starting at a point on Town Highway 5, the so-called Little Ascutney Road, opposite the end of Town Highway 11, the so-called Lottery Lane, and proceeding in a northerly direction along the ledges to Town Highway 6, the so-called Ascutney Basin Road, at the point where it crosses Youngs Brook. Mr. Snyder said this map doesn't match the tax map and the descriptions do not match either.

Mr. Fuller recused himself.  He said not all abutters were notified of this Public Hearing - at least three of them.

Mrs. Snyder said Little Ascutney Road was called Turnpike Road at one time.  She said there is no identification of a road through the fields by her house.

Mrs. Houghton said they found information from the 1700's and there was a lot of land speculation, lots of deeds along the meadow but it is very difficult to prove.  Mr. Goddard said he lives across the field and going in from the North to the corner of the stone walls there is a bar gate and distinct evidence of a road on the ground.

Mr. Fuller said he is asking for this to be discontinued.  Mr. Pratley said he agrees with Mr. Fuller.  Mr. Snyder said he prefers this is discontinued as well.

Ms. Lloyd Wright said there was a house there one time above the Snyder's and feels the road should be retained for access to the cemetery/burial ground.

Mr. Fisher said if there are some people that were not notified of the Public Hearing we should not act on this.  Mr. Daniels asked if between tonight and February 9th people get back to the Select Board can they still act on something.  Mr. Melen said once the Public Hearing is closed no further evidence can be taken.

Mr. Boyer made the motion to retain Road G as a Class IV road, Mr. Fisher seconded the motion.  Motion was defeated 0 - 3.

 

Road H: starting at the end of Town Highway 63, the so-called Stokes Road, and proceeding in a southwesterly direction along what is commonly known as Carley Road to the Springfield town line and the intersection with Chevalier Trail in the Town of Springfield.  Mrs. Houghton said Carley Road was laid out in 1972, she said there was a Public Hearing posted but no records were found that the Hearing was ever held.  She said in 2002 Carley Road was classified as a Class IV road.

Mr. DiDomenico said he owns land in this area and in Springfield too and the snowmobile club uses this land.

Mr. Carlin said he's been here for five years and this has been a "private" road but people do drive up from Springfield.  He asked if the landowners could close it to vehicles, Mr. Arrison said the Town could if it was a trail.  Mr. Fuller said it was already noted that it was a Class IV road in 2002.

Mr. Fuller made the motion to retain Road H, Mr. Boyer seconded the motion.  The motion passed 4-0.

 

Road I:  starting on the east side of Town Highway 4, the so-called Reservoir Road, just north of Town Highway 38, the so-called Butterfield Hill Road, and proceeding in a northeasterly direction in a straight line crossing lands now owned by the Town of Springfield for a distance of five thousand, eight hundred twenty-five feet.  Mr. Leever said he abuts the end of the road and supports making this a Class IV road.

Mr. Fuller made the motion to exempt the piece from Butterfield Hill Road down to the Reservoir Road.  Mr. Fisher seconded the motion which passed 4 - 0.

Mr. Boyer made the motion to retain the section from Butterfield Hill Road to the end of the laid out road.  Mr. Fisher seconded the motion which passed unanimously.

Road J: starting at a point on the west side of Route 5 opposite the intersection of Town Highway 53, the so-called Ferry Road, then proceeding west and southwesterly to the right-of-way for I-91 as marked by two boundary markers on the eastern boundary of I-91.  Mr. Fuller made the motion to retain Road J from US Route 5 to I-91, Mr. Boyer seconded the motion. Mr. Dana said he supports having this as a Class IV road.  Mr. Melen read a letter received from Joy Smith supporting to retain this.  Motion carried 4 - 0.

Old Bow Road: starting at a point on the east side of Town Highway 51, the so-called Bowen Hill Road , then proceeding east then northeasterly along the roadway now known as Old Bow Road to a point marked by two boundary markers on the west side of I-91.  Mr. Melen noted this is Old Bow Road which has been discussed in the past.

 

Volume 3, Page 321, D1: starting at a point on the south side of Town Highway 25, the so-called Maple Street, and proceeding south along what is commonly known as Drumlin Road for a distance of two thousand, nine hundred twenty-one feet.  Mr. Boyer made the motion to retain Volume 3, Page 321, D1.  Mr. Fisher seconded the motion which passed without dissent.

Volume 2, Page 90, D2: starting at a point on the west side of Town Highway 4, the so-called Reservoir Road, opposite the intersection of Town Highway 26, the so-called Cady Hill Road, and proceeding in a southwesterly direction into lands now owned by the United States government for a distance of one thousand, five hundred fifty-one feet.  Mr. Melen noted this is gone due to a quick claim deed provided by the Bullard's daughter.

 

Volume 2, Page 69: starting at a point on the north side of Town Highway 30, the so-called Beaver Pond Road, where it crosses an unnamed stream that deeds into Beaver Pond and proceeding in a northerly direction paralleling said unnamed stream to the point where the stream crosses Route 131; then due east along Route 131 a distance of one hundred seventy six feet; thence due north continuing to parallel said stream for a distance of two thousand, thirty-six feet.  Mr. Melen said this was laid out in 1793.  Mr. Fisher made the motion to retain Volume 2, Page 69.  Mr. Boyer seconded the motion which passed 4-0.

 

Volume 2, Page 99, D2: starting at a point on the south side of Town Highway 44, the so-called Goulden Ridge Road, opposite the intersection of Town Highway 43, the so-called Pent Road, and proceeding in a southeasterly direction to a point on town Highway 48, the so-called Yewell Lane, at the place where the outflow from Cooks Pond crosses Town Highway 48.  Ms. Lloyd Wright said as Chair of the Cemetery Commission she would like the town to retain this as it is the original access to the Towle Cemetery.  She said otherwise the Cemetery Commission would like an official deed allowing assess to the Towle Cemetery.  Mr. Gurney and Mr. Limlaw said they are ok with having a deed; they do not have a problem with their land being used as an access to the cemetery.

Mr. Fuller made the motion to retain Volume 2, page 99, D2, Mr. Boyer seconded the motion.  Motion was defeated 0 - 4.

Mr. Boyer made the motion to retain the section from Yewell Lane to Skyline Drive.  Mr. Fisher seconded the motion which was defeated 0 - 4.

 

Volume 2, Page 139: starting at a point at the end of Town Highway 72, the so-called Dake Hill Road, and proceeding due south a distance of three thousand, one hundred nineteen feet to the discontinued right-of-way referred to as Blood Brook Road.  Mr. Daniels said he lives at the end of Dake Hill Road and he has never seen any physical evidence of a road from his house to Cooks Pond Road.  Mrs. Daniels said she hasn't spoken with the Stevens' who are also abutters but she feels it should be discontinued.

Mr. Fuller made the motion to retain Volume 2, Page 139, Mr. Fisher seconded the motion.  Vote was 1-3, motion defeated.

 

Crown Point Road: starting at a point on the Cavendish town line south of Town Highway 32, the so-called Tarbell Hill Road, along what is historically known and marked as the Crown Point Road to a point southerly at the Springfield town line. Mr. Fisher made the motion to retain Crown Point Road, Mr. Boyer seconded the motion.

Mr. Goddard said this whole section is four rod.  Mrs. Bearse said she disagrees, the ends are four rods but the section in between may be only three rods.

Mr. Leever said he supports retaining this as a Class IV road and possibly reclassifying as a trail.  Mr. Wood said he does as well.  Mr. Fuller said this is a prime piece of history.

Motion carried 3 - 0 with one abstention.

There was discussion as to if there is time to notify the abutters that were not notified tonight.  Mrs. Bearse said she knows the Potter's were aware of the Public Hearing because they called her.  Mr. Fuller made the motion to recess the Public Hearing until January 21, 2010 at 7:00 p.m. at Martin Memorial Hall.  Mr. Boyer seconded the motion which passed without dissent.

Mr. Goddard asked what the Ancient Road Committee is to do at this time.  After discussion it was decided that the Select Board will decide and let them know how they should proceed.

 

4.  Request Plowing of the Plain Cemetery Road, Town Highway 18: Mr. Melen said the Board received a letter from Ruby L. Pinders regarding plowing.  He said the Town has been claiming aid on it from the State as a Class III road.

Mr. Fuller said he measured it and it is only eleven feet wide, he doesn't feel the town should maintain it.  He noted that there are water issues stemming from site work.

Mr. Boyer made the motion to maintain Town Highway #16, Mr. Fisher seconded the motion.  Motion 0 - 4, motion defeated.

 

Mrs. Daniels said she thought the Martin Memorial Hall Trustee's budget was going to be discussed tonight.  Mr. Melen said the Highway and General Fund budgets would be discussed next Thursday the 14th at 7:00 p.m.

 

5.  Sign Treasurer's Warrants: Mr. Fisher made the motion to approve the Treasurer Warrants as follows:

General Fund Payroll                                                           $23,515.21

General Fund Operating Expense                                              $28,325.35

Highway Fund Payroll                                                           $22,781.35

Highway Fund Operating Expense                                              $26,114.02

Solid Waste Management Fund Payroll                         $  3,485.55

Solid Waste Management Fund Expense                                  $  1,838.29

Reserves                                                                                $     448.32

Library                                                                                  $     637.89

Mr. Arrison questioned overtime at the Transfer Station, Mr. Melen said he would look into it. Motion carried unanimously.

 

6.  Future Meeting's Agenda Items: Budget meeting on the 14th along with an Executive Session for the purpose of considering the appointment or employment of a public official.

 

Respectfully Submitted,

 

Lisa Sargent

 

Approved by the Weathersfield Select Board on February 18, 2010

 

____________________

Daniel Boyer

 

____________________

Glenn Fisher

 

____________________

Norman John Arrison

 

____________________

Henry "Chip" Cobb

 

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Dave Fuller

 

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