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Merrimack Conservation Commission approves release of easement on 27 Sarah Drive
Summary
The Merrimack Conservation Commission voted unanimously to release a conservation easement on a parcel at 27 Sarah Drive after attorneys confirmed the state Attorney General's charitable trust division lacked jurisdiction; documents were signed immediately.
The Merrimack Conservation Commission voted 6-0 to approve a release of a conservation easement covering a parcel at 27 Sarah Drive (Tax Map 4C, Lot 48-05).
The vote followed a presentation by the property owner, Ron Hayward of 27 Sarah Drive, and his attorney, Eli Lanow of Bernstein Sher in Manchester, who told the commission they had consulted the state Attorney General's charitable trust division and were told the office did not have jurisdiction over the easement because the land was dedicated as part of a subdivision, not for a charitable purpose.
That finding, Lanow said, left the conservation easement solely within the commission's authority. "It was determined that because this was dedicated as part of a subdivision, not as a charitable purpose, it wasn't within the purview of the AG's office," Lanow said. The commission proceeded to vote to release the easement as presented in the meeting packet.
Vice Chair (presiding) made the motion to approve the release and Commissioner Tom Martinson seconded. The commission recorded the vote as 6 in favor, 0 opposed, 0 abstentions. After the vote the commission signed the release documents and a notary stamp was used during the meeting.
Commission members and the owner's attorney discussed a related drainage easement. Lanow said the drainage easement instrument lacked explicit language restricting changes to topography and that, because of its nature, it likely fell under the select board's purview rather than the conservation commission's. That matter was not voted on by the commission.
Commissioners also noted they had previously made findings that the parcel had no conservation value relevant to keeping the easement in place. The owner and his counsel thanked the commission for following the processes required to secure the release.
The commission recorded no further conditions tied to the release during the meeting. Any additional steps involving the drainage easement were described as matters to be taken to other town bodies for review.
Documents signed at the meeting will be processed through Community Development for recording and any follow-up as required by town procedure.
