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Pembroke select board rescinds class 6 restriction, adopts private-road permit policy after public hearing
Summary
After a public hearing the Select Board voted to rescind its prior building-permit policy that covered class 6 roads and private roads and to adopt a new policy limiting local permit restrictions to private roads, citing changes in RSA 674:41 and requiring applicant waivers recorded in Merrimack County.
The Pembroke Select Board opened a public hearing to consider rescinding the town's policy that restricted building permits on class 6 roads and private roads and to adopt a revised policy limited to private roads. Chair told attendees the change follows a state law update to RSA 674:41 that narrowed select boards' authority: "Our 1st, agenda item tonight is a public hearing, and this is for rescinding the prior building permits on class 6 and private roads and adoption of a new, building permit policy for private roads." (Chair)
Board members discussed what the statutory change means for town obligations. The town reiterated that it cannot use public funds to maintain class 6 roads, and that applicants seeking permits for properties accessible only by class 6 roads must record a liability waiver at the Merrimack County Registry of Deeds acknowledging the town will not provide maintenance or emergency services. The board then closed the hearing and voted to rescind the existing policy and adopt the new private-roads policy as presented; the motion passed without recorded opposition. The minutes and the required recorded waivers will be part of the permit file going forward.
