Minutes of Public Hearing - Oct. 21, 2013

PUBLIC HEARING
ON THE PROPOSAL FOR
THE TOWN TO ACCEPT LEGAL INTEREST
IN THE CONSERVATION EASEMENTS TO BE PLACED ON
THE PROPERTIES OF HENRY BROOKS AND LINDA BROWN ON SOUTH ROAD

Oct. 21, 2013    Sullivan Town Hall

Present:  Selectmen - Laura Merrifield and Gary Patnode; members of Sullivan Conservation Commission - Roger Sweet, Eric White and Becky Cummings; Anne McBride of Monadnock Conservancy and member of the public - Ann Sweet.

Eric White called the hearing to order at 6 pm.  
Laura Merrifield asked if any determination had been made of what land would be left out of each easement.  Anne McBride said the land around the houses and around the old schoolhouse at the corner of Ferry Brook Road and South Road would be excluded.  This would amount to be 2.8 +- acres on the Brown and Brooks piece (out of a total of 75 acres) and 8+- acres on the Henry Brooks piece (out of a total of 140 acres).  The school house lot excludes about .25 acre.  McBride also presented a map (attached) showing the location of the exclusions.  
She also explained that a piece totaling 10+- acres on the south side of Hubbard Hill is included in the easement but would be in a different zone which would allow for a future cell tower, wind turbine or similar structure.   Mrs. Sweet asked where the access to the tower would be.  McBride said it would most likely be the shortest distance which is through other property, Henry Drive and an old woods road leading to the site.  Mrs. Merrifield said if a cell tower is erected that that portion of the land would have to come out of current use.  It was explained the easement would allow it and current use is a separate program.   

Mrs. Merrifield asked how long it would be before the language of the easements is complete.  McBride said she is working on it with the help of an attorney and the surveyor.  The selectmen must determine the type of easement or “legal Interest” they would like to accept before it can be completed though.
    An Executory Interest gives the town the right, but not obligation, to enforce the easement.  It also gives the town the right to terminate the Conservancy’s Grantee interest and take it over.
    A Third Party Right of Enforcement gives the town the right to enforce the easement if the Grantee (i.e. The Conservancy) fails to enforce, but it doesn’t give the town any further rights.  It was also explained that if the Conservancy should dissolve (not probable) another like-minded organization would most likely take over the easements.  

Gary Patnode said Mark Paquette (selectman not in attendance) had a concern he wanted to bring up.  Would the easement language include hunting?  McBride explained that hunting is at the discretion of the landowner and not the easement.  

Merrifield said she would like to see the language of the easements before making final approval.  McBride stressed that she needs to know the type of easement before the final papers are drawn up.

Being no other comments or questions the hearing adjourned at 6:26 pm.

Respectfully Submitted,
Becky Cummings