Pelham - Windham News 6 - June 10, 2011


Policy Governing the Plowing of Unaccepted Roads Still Being Debated by Barbara O’Brien Although a proposed policy governing the


plowing of unaccepted roads in Windham has been under discussion since last year, the debate on how to handle the situation continues unabated. The issue came to the forefront late in


2010 when it was brought before selectmen by Community Development Director Laura Scott. In years past, Windham began plowing as yet unaccepted roads when a certificate of occupancy (CO) was issued for the first house in a new subdivision. The philosophy was that these homeowners were paying taxes and, as such, should receive the same services as other Windham residents. Problems developed over the years, however, especially as hard economic times forced some developers to abandon housing projects, leaving roadways unfinished and unaccepted by the town for long period of time. According to Town


Administrator David Sullivan there are 32 or 33 roads in Windham that remain unaccepted. This does not include roads designated permanently as private roads, Sullivan said. These private roads are not maintained through town services, nor are they intended to ever be on the town’s roster for maintenance. “We don’t plow any true private ways,” Sullivan said. The problem is two-fold. First, town officials do not want to leave residents on unaccepted roads fending for themselves when snow and ice inundate the area. Secondly, however, they don’t want to encourage developers to continue doing nothing to get these roads finished and accepted as town roadways. “We want to encourage developers to finish these developments,” Sullivan emphasized. Sullivan said that, technically, the town should not spend money plowing and treating unaccepted roads unless these particular roads are designated as emergency access lanes, based on


public need. Public needs include such situations as having to traverse the unaccepted road via school bus to reach a town-approved road or if the unaccepted road is needed to reach a resident by police, ambulance or fire apparatus. The latest contention came during a discussion of the proposed policy on May 23, when Sullivan said that the policy includes a clause that makes developers solely responsible for plowing any unaccepted roads in their developments after two winter seasons of those roads being plowed by the town. The two-year clause would only be excepted if the time period were to be extended by selectmen for just cause.


Also, according to the proposed policy, during the time the town is doing the plowing of unaccepted roads, the developers would be charged calculated on the cost of any equipment, materials, or labor used by the town. Sullivan said that the proposed plowing policy is based on Windham Planning Board


Regulations that were adopted on March 2. The proposed policy has already been reviewed by Town Counsel Bernie Campbell, Sullivan told selectmen.


Selectman Phil LoChiatto said he didn’t want


developers to have the option to hire private contractors to do the plowing. “What happens if they fall down on the job and there’s a need to get through for emergency access?” he asked. Sullivan cited the importance of the proposed


policy on residents who live on these as yet unaccepted roadways. “This could potentially impact many people,” he said.


It is anticipated that a public hearing on the proposed plowing of unaccepted roads policy will be conducted sometime in July. No specific date has yet been determined. “We do want to get this approved before the snow returns again,” Sullivan said.


Boundaries Established for Newly Proposed Village District


by Barbara O’Brien Windham Selectmen have agreed to establish the potential boundaries of a newly proposed village district surrounding Moeckel Pond. Several weeks ago, selectmen were presented with a valid citizens’ petition asking that consideration be given to establishing what was termed the “Moeckel Pond Village District.” The petition was signed by the required 10 registered voters, all of whom abide


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within the proposed village district. The intent of establishing the new village district is solely for the empowerment of water, namely Moeckel Pond.


One of the petitioners, Neil Fallon, said the intent of those wishing to establish the Moeckel Pond Village District is to have the existing dam repaired without incurring any expense to the Town of Windham, then to accept ownership of that dam, as well as full responsibility for all future maintenance of the dam. According to Fallon, the earthen dam and spillway are located between Moeckel Pond and the adjacent Rock Pond, a body of water that is located in the Town of Pelham. At present, the only water in Moeckel Pond is from rainwater or ground runoff. There are currently two other village districts located within the bounds of Windham: Cobbetts Pond and the more recent Breezy Gale. Village Districts must be established through a town (village) meeting vote of the majority of residents living within the selected area.


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As for establishing the boundaries of the proposed Moeckel Pond Village District, Fallon said that the rationale for the boundaries is based on all property that abuts Moeckel Pond. The only exclusion would be town-owned, non- taxable conservation land owned by the Town of


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In addition to the satisfaction of a job well done, there can be an added benefit to solving a burglary, as the Windham Police Department recently discovered. Police Chief Gerald Lewis told selectmen that, as the result of a recent successful burglary investigation, Windham Police were being offered several pieces of equipment stolen during that particular break-in. According to Lewis, the homeowners’ insurance company, Met Life, had already replaced the stolen items by the time they were recovered and, as a result, was willing to give the electronic equipment to Windham Police to be used for training purposes. Included among the equipment are a 42-inch Samsung plasma TV, a flat- screen computer monitor, a mini-camcorder, and a desktop


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Windham. Selectman Roger Hohenberger said that he feels “the proposed boundaries are valid.” Selectman voted 4 to 0 to approve the boundaries for the proposed Moeckel Pond Village District. Voting in favor were Chairman Ross McLeod, Vice Chairman Bruce Breton, Roger Hohenberger, and Phil LoChiatto. Selectman Kathleen DiFruscia was not present at the May 23 meeting where the vote was taken. The next legal step in the process will be to conduct a village meeting, the purpose of which will be to establish the village district itself. The only residents who will be allowed to vote on the issue are those whose regular domiciles are located within the recently approved boundaries. A simple majority vote of those residents is required in order to establish the new village district. If the Moeckel Pond Village District were established by voters, as proposed, the next step would be to elect the new district’s first board of directors. Town Administrator David Sullivan said that a 14-day advance notice is required before holding a village district meeting. It is, therefore, likely that the village district meeting will not take place prior to the end of June. Public notice of the date will be posted on the town’s Website, as well as at various locations throughout Windham.


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printer. The total value of the equipment is in the range of $1,263, Lewis said. All of the electronics are in “excellent condition,” Lewis told selectmen. “The homeowners are happy, the insurance company is


happy, the police department is happy,” Lewis said. “Only the thieves aren’t happy!”


Selectmen accepted the donation from Met Life by a vote of 4 to 0. Voting in favor of the donation were Chairman Ross McLeod, Vice Chairman Bruce Breton, Roger Hohenberger, and Phil LoChiatto. Selectman Kathleen DiFruscia did not attend the May 23 meeting where the vote was taken. Selectmen accepted the donation on behalf of the Windham Police Department “with gratitude” to Met Life Insurance.


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