Public Hearing

Consider Takeover of Rydon Road

January 28, 2008

NOTE:  These are unapproved minutes, subject to amendment and/or approval at the subsequent board meeting.

In Attendance: Richard Baker, Mitch Pearl, Bill Hatch, Bruce Brown

Also in Attendance: Keith Arlund, Anna Scheck, Tom Schmelzenbach, Chris Brickell, Lee Kahrs, Lynn Wdowiak, Roman Wdowiak, Brian Gresl, Karen Sales, Joan Nickerson, Phyllis Reed, Bob Kilpeck

The meeting was called to order at 7:00PM by Chair Bill Hatch. 

It was questioned who requested the road to be taken over by the town. Keith Arlund stated when Mr. Sylvester still owned a portion of the subdivision; he approached the board requesting the road be taken over by the town. It was noted this would be considered after the road was brought up to specifications.  Mr. Sylvester then sold the remainder of the property and now that the rest of the lots were sold, none of the road acreage was transferred to past or new owners. There now needs to be a deed created and Mr. Sylvester is refusing to pay the taxes on the property underneath the road.  

It was questioned what the advantages were to the town taking over the road. By the town taking over the road, the owners would not have to maintain the road. It was also questioned how this would affect the property owners' taxes.  Mr. Baker noted that property on a road maintained by a town normally is valued at a higher rate. Mr. Baker stated everyone in Brandon is being reappraised and if the road is taken over by the town prior to April 1^st, this will be reflected in the reappraisal effective 7/1/08.  It was noted if the Homeowners' Association were to purchase the road at the tax sale; it would be their responsibility for the subsequent taxes each year, based on the value of the property. The tax sale would be run through the municipal attorney and the amount charged would be what is owed in taxes and the amount associated with taking it to tax sale. 

Richard Baker stated normally homeowners would prefer the town take over a road, as the road is then maintained. The select board does not want to do something the homeowners do not want.  Usually when a developer takes land and subdivides it, the developer maintains the road until the development is 51% completed.

Tom Schmelzenbach stated he is prepared to take over the responsibility of the road. He noted he has provided information to the select board on this subject. This would be a Class III road and it would be plowed and graded a couple of times a year. Mr. Schmelzenbach stated they also apply liquid chloride to reduce dust and the road would be graded in the spring and fall, with other maintenance throughout the year to do spot improvements. The board made the decision to postpone action on this item until the next regularly scheduled select board meeting of February 11^th.    

Richard Baker moved to recess the hearing at 7:13PM until the February 11^th meeting.