Select Board reviews lot‑line request from Booth; deed history and right‑of‑way questions raised

The Select Board reviewed a request from property owner David Booth to adjust a lot line adjacent to the municipal complex so Booth can secure a 50‑foot right‑of‑way to access back land. Town staff summarized a multi‑decade deed and plan history that shows a right‑of‑way has been referenced in earlier deeds and in survey plans; staff also said an earlier quick‑claim deed drafted in February 2003 appears to have attempted to relinquish rights but town counsel and the assessor raised questions about the legal effectiveness of that instrument.

Why it matters: the property in question lies next to municipal property and the town’s municipal complex; a formal lot‑line adjustment would require surveying, planning‑board review, historic‑district commission review and legal work. Board members were told the town did not budget for a survey and that there will be costs associated with surveying and the formal lot‑line procedure.

Evidence and chronology presented Town staff traced the ownership timeline cited in correspondence and in a cover letter provided to the board: deeds from the 1950s and subsequent transactions reference a reserved right‑of‑way; planning and minutes from 2003 document discussion of a possible right‑of‑way and a meeting in July 2003 where surveyor Mark Stevens told officials a right‑of‑way may cross the municipal site. Staff also reported the planning board minutes from November 2003 and a subsequent quick‑claim deed recorded in February 2003 (staff said that deed was drafted and signed by a prior owner but that later transactions mean that prior owner may not have had legal authority to extinguish the right‑of‑way). Legal counsel’s view, as summarized by staff, was that discontinuing a right‑of‑way requires both property owners’ agreement and the record does not show a valid discontinuance.

Board discussion and next steps Board members and staff discussed next steps: staff said they had met with Booth and his attorney, compiled deeds and plans and recommended sending all materials to town counsel so the town can get a formal legal opinion before committing staff time or funds. The board directed town staff to send the documentation to the town attorney and to return to the board with counsel’s opinion and recommendations on procedure, cost estimates for required surveying and an outline of required planning‑board and Historic District Commission steps.

Costs, process and constraints Staff told the board there will be costs for a surveyor and for public‑notification steps required by the lot‑line adjustment and planning‑board process; staff did not provide a firm cost estimate but said the town had not budgeted for a survey and that any costs would need to be identified if the board wishes to proceed. Staff said Booth indicated he was not asking the town to cover his legal costs and that Booth had been cooperative in communications. The board noted there is no immediate time pressure from the property owner and asked staff to coordinate a short conversation with town counsel to review options before the board takes any formal action.

Status The board did not approve any lot‑line change at the meeting. Staff will send collected deeds, survey plans and minutes to town counsel and return with legal advice and cost estimates for surveying and the formal lot‑line/plan process.