Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Subdivision Kimball Hill topic
No spam. Unsubscribe anytime.
Hillsborough planning board approves two-lot subdivision on Kimball Hill Road, removes road-upgrade requirement
Summary
On July 17, 2024 the Hillsborough Planning Board approved a two-lot subdivision for 97 Kimball Hill Road, splitting a 5-acre parcel into 2.96- and 2.05-acre lots. The board removed a requirement to upgrade the Class VI road and required seller disclosure and deed covenants.
The Hillsborough Planning Board on July 17 approved a two-lot subdivision at 97 Kimball Hill Road that divides a five-acre parcel into a 2.96-acre lot and a 2.05-acre lot.
Dan Higginson of Higginson Land Services presented the application on behalf of property owner Alan Ager. After accepting the application as complete (motion by Bryant Wheeler, seconded by Steve Livingston), the board opened a public hearing and discussed proposed conditions. The board voted to remove a draft condition that would have required upgrading the Class VI portion of Kimball Hill Road to standards set by the Board of Selectmen; Steve Livingston moved to strike the condition, Kim Opperman seconded, and the motion passed unanimously.
Following that change, the board approved the subdivision plan prepared by Higginson Land Services (dated June 15, 2024). Steve Livingston moved to approve the plan and Jim Bailey seconded; the motion carried unanimously.
The board attached three conditions to the approval: (1) approval does not constitute reclassification of any portion of the Class VI roadway to a Class V roadway, does not obligate the Town to maintain the Class VI roadway (including snow plowing), and does not make the Town liable for damages or inability to gain emergency access resulting from the roadway status; (2) sellers must inform potential buyers of these restrictions before any binding purchase commitment and a copy of the Planning Board’s Notice of Decision containing these conditions must be filed at the Hillsborough County Registry of Deeds at the subdivider’s expense prior to signing the final mylar; and (3) any conditions imposed by the Planning Board shall be made covenants of the deed(s) and shall run with the land.
The board’s findings of fact note that the property is in the Rural Zone, is located on a Class VI road, and is shown on Plan No. 23563 recorded at the Hillsborough County Registry of Deeds. The approval cites Section 201-6(2) of the Subdivision Regulations, which ordinarily requires lots to abut a Class V or better highway, a street shown on an approved subdivision plan, or a private road meeting Appendix A specifications; the board approved the subdivision with conditions addressing the Class VI roadway limitations.
The Planning Director, Robyn L. Payson, prepared the review read into the record. The board’s decision clarifies that the Town will not assume maintenance or liability for the Class VI roadway serving the new lots and requires seller disclosure and recordation of the Notice of Decision.
