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Selectmen authorize town attorney to seek court approval to demolish structure at 15 Muckville Road
Summary
The Ossipee Board of Selectmen voted to authorize the town attorney to pursue a court filing under RSA 5:47(3)(d) to clear legal obstacles before demolishing a building at 15 Muckville Road; residents raised concerns about possible soil contamination and the timetable for demolition remains dependent on court scheduling.
The Ossipee Board of Selectmen voted to authorize the town attorney to file for court approval under RSA 5:47(3)(d) as a final step to allow demolition of the building at 15 Muckville Road.
The vote, taken at the close of a public hearing on the property, followed a period of public comment and questions about the process, the town's prior purchases of the land and possible environmental contamination. The board’s motion instructs the attorney to present the town’s case to a judge so the town can proceed with demolition and follow-up site work once the court acts.
Town officials said the filing is being done “out of an abundance of caution” because the property’s prior transfer and partial donation raised potential future claims; the filing is intended to reduce the risk of later legal challenges after demolition. The board chair (name not specified in the meeting record) explained the action does not transfer control of the site to the court but asks the court to confirm the town may proceed.
Several residents questioned the hearing notice and the scope of the hearing. The board said the hearing followed the statutory process under the cited RSA and that earlier steps (planning board and conservation commission hearings) had already been completed in prior proceedings. A resident raised concerns that cleanup of the site could reveal petroleum contamination; attendees said a state soil scientist and records show prior testing and that state agencies have been involved.
Officials said the town hopes the court process will take a few months but that courts’ schedules are uncertain. After a court order, the town plans to proceed with demolition and subsequent site improvements — including converting the parcel for public uses such as park space, rail‑trail access, parking and occasional events — as previously discussed in town planning sessions.
The board unanimously approved the motion authorizing the town attorney to pursue the RSA 5:47(3)(d) filing. No timetable for demolition was set; the town said any demolition or intrusive remediation work would follow further state approvals and be coordinated with appropriate environmental agencies.
A final motion to adjourn the public hearing followed the authorization vote.
