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Selectmen hold first hearing on proposed sale of Great Bay Road parcel amid access, wetlands and railroad concerns
Summary
Tom and Alison Brackett requested use or purchase of a Town-owned parcel to access farmland; neighbors, the Planning Board and the Conservation Commission raised unresolved access, ownership and environmental concerns. The Board took no vote and scheduled a second hearing for May 18 and a decision for June 1.
The Greenland Board of Selectmen heard a first public hearing May 4 on a request from Tom and Alison Brackett to use or purchase a Town-owned parcel off Great Bay Road to access their land (Map R12, 34B) so their son could plant apple trees.
The Bracketts told the board they had historically used a farm railroad crossing but said the crossing was removed in the late 1990s or early 2000s and they had since explored access options including a crossing over the tracks. Attorney Stephanie Johnson, representing abutters the Pearls, and residents raised legal and practical concerns, including the lack of a deeded easement over Area D and environmental and wetland constraints on the Town-owned parcels. Scott Hughes said the Town holds no deeded right to use Area B and that Area D is private property, which would prevent a direct right-of-way without building a town road.
Paul Sanderson, who described himself as a former DOT hearing examiner, told the board farm crossings are generally no longer favored because they are unprotected and noted CSX has upgraded rails for higher speeds; he said getting a new crossing approved by CSX and NHDOT would be difficult and would likely require a DOT hearing and cost-sharing for any increased track protection. Sanderson suggested the Bracketts could seek limited statutory remedies under RSA 231 or request temporary permission from the Selectmen to use Town property for specified agricultural activities.
The Planning Board provided a written recommendation against conveyance at this time, citing unresolved access issues and advising the Bracketts to pursue easement arrangements with abutters. The Conservation Commission raised concerns about wetlands and environmental impacts and noted NH Forestry had been asked to review the area.
Board Chair Laura Malloy characterized the May 4 session as informational; no decision was taken. The Bracketts had asked the board for a motion of support to present to CSX, but the Selectmen declined to act at the hearing. The Board will hold a second required public hearing on May 18 and is expected to make a final decision on June 1.
Authorities and next steps in the record include a recommendation to consult the Town Attorney on property descriptions and potential easement options and a reminder that statutory and railroad approvals would be separate processes overseen by NHDOT and CSX.
