Board to meet with counsel on Fox Hollow Road

if the alternate route went through as planned. Town counsel had advised against using exaction fees collected from Fox Hollow Road residents to be applied to anything but town-owned lands, and the right-of-way

that the alternate route needs is privately owned, Terenzini reported. He also said that town counsel noted that the right-of-way was only deeded to a certain number of people, and if the town opened it up to all residents on the road,they could be legally liable if an accident occurred. “In short, the proposition does not pass legal counsel,” said Terenzini. Earlier this year, the Planning Board came to a decision on the Sabatino application to subdivide a property on Fox Hollow Road. Before the board would allow the potential for more traffic on the road, they decided on an exaction fee for a potential solution to the road’s safety issues. Problems with sight lines on the road’s intersection with NH Route 25 have been identified by residents and the Route 25 Corridor Study as a traffic safety hazard. Out of a list of ten options, the Planning Board agreed that the most  effective option would be to build an alternate intersection from Fox Hollow Road, following a deeded right-of-way on the Davis property, parallel to Route 25,

before traveling partly on state land to access Route 25 some distance north, with greater sight lines. That state land in question is the Department of Transportation salt shed, unused for a number of years, but scheduled to be brought back into operation soon.The alternate route would be constructed through collected exaction fees from land owners on Fox Hollow Road.The Davis property right-of-way, however, is only open to about 23 people with deeded rights to that route. Terenzini said that he had also asked the DOT to what extent warnings could be placed on Route 25, warning people of the Fox Hollow intersection, including rumble strips, flashing lights, and extending the road apron. Selectman Betsey Patten said that she didn’t agree with town counsel’s advice and

said that law allows for exaction fees to be applied to offsite improvements necessitated by new construction. The property might not be town-owned, Patten argued, but the law allows for improvements that could benefit the municipality or municipal property. “I agree there is some question on the final outcome,” said Patten. “I think we need to look at it in another way. I’m not totally comfortable with what the town counsel said.”

The basis for the counsel’s opinions, Terenzini relayed, was that even if that hurdle was cleared, the town still could face liability issues from use of the right-of-way. Selectman Joel Mudgett said that the cost-benefit result of using that right-of-way was

also a concern.The selectmen briefly debated the possibility of having the town purchase the land before settling into other questions on the land. “My big concern is that if money is put into a private way that only 23 people have the rights to, at what point will Brian Davis say that his land is being taken?”Mudgett asked. Patten raised the concern that what counsel was suggesting could take away from the planning process and procedure, and said that the Planning Board needs to have the authority to require off-site improvements that do not benefit the town as a whole. She encouraged the board to meet with town counsel to discuss the basis under which the town would operate if the alternate route went through. “If it goes to litigation, we need to be very, very sure of the basis we go forward with,” said Patten. “I’m not sure if it’s the right way to go.” Keld Agnar, a resident of Fox Hollow Road who has been active in the effort to enact the alternate route, said that he had no intentions of litigation, but urged the

board to go ahead and file a letter to the DOT asking for the right-of-way on DOT land. Agnar spoke about the dangers of the road, as did Stewart Lamprey,another Fox Hollow Road resident,who asked the board for help in creating the alternate route “before the fatal accident happens.” The board agreed to meet with town counsel at a later date.