Planning board recommends 10-foot pedestrian path inside 35-foot Samuel Drive easement

The Concord Planning Board voted to recommend that City Council narrow the pedestrian portion of a 35-foot municipal easement on Samuel Drive to a 10-foot-wide path centered within the existing utility easement, with the remaining portion of the easement reserved for utility access and grading necessary to construct or maintain the path.

The recommendation, approved after public testimony and a staff review, asks that the applicant provide an engineered plan demonstrating that the path can meet Americans with Disabilities Act standards and that construction will not adversely affect the water and sewer utilities under the easement. The board also asked for initial signage or wayfinding to mark the walking corridor.

The matter was brought by homeowner Stephen M. Dupree, owner of 31 Samuel Drive. Dupree told the board he and nearby neighbors asked for a defined pedestrian route because, he said, protesters and other members of the public had occasionally used the full 35-foot width and at times stood near his house. “The city was opposed,” Dupree said of an earlier inquiry; later he said he wanted the path centered to “keep them farther away from my house and the Kate’s house.”

City staff and board members discussed practical constraints and public-safety implications. Deputy City Manager Matt Walsh (staff) and engineering staff (identified in the packet as Peter from the Engineering Division) warned that the city needs adequate cover over water mains and that tree plantings near utilities can create long-term maintenance problems. Peter’s engineering comments noted potential need for a 10-foot width to allow plowing/maintenance and for grading that preserves frost cover over pipes.

Board members and staff settled on a compromise: preserve the 35-foot utility easement in its current legal form but formally designate a 10-foot pedestrian corridor near the center; allow the utility easement to be used for grading and slope work necessary to construct or maintain that 10-foot corridor; and require the applicant to supply an engineered profile showing constructability and ADA compliance before council action.

Planning Board members emphasized that the recommendation is advisory to City Council and that further administrative review will follow. Board member Matt (Hicks) said a delineated centerline would be the least intrusive solution for adjacent homeowners. Several board members also suggested temporary signage to indicate the intended path while any formal construction or plantings are deferred to a later stage.

The board’s recommendation will be forwarded to City Council for final action; staff noted the applicant will also need to submit an amendment to the recorded plat if the council approves changes that modify the original easement conditions.