Select Board approves Robinson Road discontinuance, keeps public easement for first 545 feet

The Newcastle Select Board voted March 9 to approve an order to discontinue a portion of Robinson (Old River) Road while retaining a public easement for the first 545 feet, a change that town staff said formalizes how the roadway has been used for years.

The action followed more than an hour of discussion with residents who received notice that the town intended to file a discontinuance order. Michael Dubis, a new owner of property at 219 Robinson Road, said he and his family “were under the assumption it was discontinued” when they bought the farmhouse and asked whether the town’s letter reflected that status. Town staff replied that no recorded discontinuance had been found in the registry of deeds, so the board’s action tonight was intended to correct that record and to offer an amended order that preserves a public easement on the front section for utility access and pedestrian use.

Ed Kirkland, a nearby property owner who initiated the request, told the board that repeated delays for basic maintenance drove his request: “When we moved in there was a culvert that wasn't working ... it took us four or five years to get the town to come replace it,” he said, adding he only seeks the ability to maintain the portion he uses as a driveway and not to block neighbors’ access. Kirkland said he wants to clear ditches and fill potholes without repeatedly seeking town crews.

Town staff outlined legal and practical choices for easements and utility access during the discontinuance process, noting surveying is not required for the registry filing and that it is common to retain a public easement even when a traveled way is discontinued. The town manager proposed an amendment to the draft order to retain the public easement for the first 545 feet in the generally southwestern direction and discontinue the easement beyond that point; the board approved the amended order. The motion to adopt the order as amended passed with four votes in favor and one abstention; the transcript did not identify the abstaining member by name.

The board also set a public hearing on the discontinuance for March 23, at which abutters will be able to provide formal, recorded comments before the order is finalized and recorded at the registry of deeds. Town staff said the amended order and the required notice will be filed with the town clerk and posted for public review ahead of the hearing.

What happens next: The board’s vote authorizes drafting the amended discontinuance order, filing it with the town clerk and publishing the order of notice for the March 23 public hearing. If the hearing leads to additional changes, the board may amend the order again before final recordation.