The meeting delved into the issue of Kibby Lane, a road whose acceptance into the town’s infrastructure remains fraught with legal and financial complications. Tom from SP Company provided an update on the ongoing construction project, highlighting that a prior agreement had to be released due to the lack of board approval. This situation left the project in a state of uncertainty. Tom noted that contractors and pricing were in place for the work needed to bring Kibby Lane up to town standards for street acceptance. However, he pointed out that a release from the mortgage holder was necessary to proceed with the legal aspects of street acceptance, a release he believed would not be forthcoming.

This situation led Tom to propose the idea of the town considering an eminent domain taking solely for the road, expressing concerns about maintaining a public road that is not officially accepted by the town. He requested that the board consult with town counsel regarding the feasibility of this option.

The discussion prompted several board members to voice their concerns. One member inquired about the mortgage situation, confirming that the property was owned by Mr. Spate and Company, while the mortgage was held by the Kibbies. This raised caution among the board members regarding the potential acceptance of the road. The issue of “paper streets,” or roads that do not connect to any other roadways, was referenced, with a member highlighting past actions taken by the town regarding such streets, which could complicate the acceptance of Kibby Lane.

Financial implications were also discussed. One member mentioned that there was sufficient funding to bring Kibby Lane up to town standards, but emphasized that the project had been divided into phases, with the first phase already addressed and the second phase’s viability still uncertain. Questions were raised about the public purpose that would justify an eminent domain taking, with a member noting that while the road might be desired as a town road, it did not currently present safety concerns or any other immediate public good that would warrant such action. The member pointed out that public services, such as plowing and police monitoring, were already available to residents along the road.

The complexities of the situation became apparent as the dialogue continued, with multiple parties involved and differing opinions on how to proceed. The need for careful consideration of both legal and practical implications before making any decisions was emphasized.

Further discussions centered around the issues related to a proposed street sign and the application of eminent domain. One member questioned the public purpose served by the potential use of eminent domain, stating, “I don’t know so I can’t think of an overarching public purpose that would be accomplished like doing eminent domain except getting a street sign.” There was hesitation among members about the appropriateness of using eminent domain, with one remarking, “the eminent domain thing, it’s a tough standard to correct and it has to do with the betterment of the whole town.” This led to further contemplation about the implications for the residents of Kibby Lane, particularly regarding school bus access and the need for a survey to clarify the area being discussed.

One member suggested further consultation with the Town Council to guide decisions related to this issue, noting the value of having a Town Administrator with a law degree for legal advice and clarification. Frustrations over delays and finances associated with the project were apparent, with a participant stating, “I have been paying out of my own pocket on this thing for six years,” expressing the burden of costs incurred from deals falling through, amounting to as much as $12,000 each time.

In other matters, the board approved a home occupation permit for Michelle Bryan, who proposed to practice Reiki, a Japanese relaxation technique, at her residence on North Road. Bryan explained that she would see one client at a time, with hours of operation from 10 a.m. to 4 or 5 p.m., and emphasized that her practice would generate minimal traffic and no noise. The board approved her application without opposition.

The meeting also addressed administrative matters, including scheduling a CPC Committee meeting for early September to address a parks department request, confirming that the only meeting currently on the calendar was for September 25. There was a brief mention of a public hearing regarding property rezoning and the need for proper documentation of meeting minutes. A recurring agenda item regarding zoning bylaw section 4.3.2 was discussed, with a motion made to contact Town Council for relevant data and guidance on how to proceed, emphasizing the need for clarity and resolution in this matter.