1/13/1992 BOARD OF SELECTMEN Minutes

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r Y BOARD of SELECTMEN Page MINUTES MONDAY, JANUARY 13f 1992 Donna ' s Lane: In Town Counsel ' s letter of response to Nor . Talanian dated September 18 , 1991 it indicates he has no authority to enter into agreements as suggested in Mr. Talanians memorandum of agreement dated April. 11 , 1991. Town counsel notes there was no response to his letter, if Mr, Talanian had agreed he would of had to of gone to the Executive Secretary or Board of Selectmen. Selectman caffyn indicates in the draft memorandum of agreement dated April 1 , 1991 , McDonald ' s was to absorb a lot of the costs such as the lights . The Town was left to proceed with the taking without the promise of any of the abutters to pick up the cost. It was suggested we encumbered some monies and at Town Meetings approval there was no- money to be spent informs Selectman caffyn. The Town then went ahead with the eminent domain and there appears to be some conflict as to what our obligation is to Mr. Talanian. Town counsel indicates that his letter of September 18th is clear that we have no obligation to Mr . Talanian. If he had a disagreement he was to go to the Executive Secretary or Board of Selectmen. Diane Poi melmeyer contacted the Dep4rtment of revenue and indicated the opinion requirement for encumbered funds of Donna) s Lane have not been complete since there is no formal documentation. No expenditures will be made until the requirement has been met . Town counsel notes the road was not formally, approved by the Planning Board as a road layout Greg Taylor informs the Board that h6 is working with the state as they are planning to do road improvements . It may be beneficial o the Town to tie in with this.. The state will put in a conduit for future utilization in that arrear. It would be helpful if the Board would give hir ' an answer regarding Donna ' s Lane. There is . no formal documentation to encumber the funds informs Selectman oaf fyn. Selectman Mills served on the Bypass Committee and notes that it. was never discussed that the Town would take over the cost of the dev- el.opment of the road . She asks what the liability is to the Town? The road is blocked off and there is signage placed on both ends informs Counsel so there is no liability to the Town.:. If we don ' t own the property there is no lii bi l ity, if. we own the property the maximum exposure is $5 , 000 to someone injured by oar or bodily. Mr, Zammer informed the Board that he has plans to develop Pick.- wicks . He is planning to expand and remodel to a family style restaur- ant. He has no additional money to pay for the road. As Selectman Jacobson previously stated , there should be no cost to the "Iowa. Donna ' s Lane will enhance the property of the abutters . The abutters should be responsible for betterments . In a motion dated on April 29 , 1991 , Selectman Caffyn notes that Selectman Danson made the motion to accept the layout of Donna ' s Lame along with other roads that were taken by the Town. Nothing is clear as stated. She recommends to explore this further since it was not presented publicly .as something different . This should be a state cost and not a Town cost indicates Mr. Baker since the state owns the rotary. Two roads were considered in the 1989 40 ccPEED study. At the last Town Meetih- g the question was asked of .whether the Town would owe the owners and additional compensation indicates Mr, Baker.