China select board sets time and date for special town meeting

by Mary Grow

The China select board’s Aug. 11 meeting was preceded by a 50-minute public hearing on a planned special town meeting, and included approval of the warrant for the meeting.

The special town meeting is scheduled for 6 p.m. Monday, Aug. 25, in the town office meeting room.

The purpose of the meeting is to ask voters’ approval of discontinuing the town’s easement over about 400 feet of what used to be Route 202, and is now the driveway in front of The Landing restaurant at the head of China Lake’s east basin. Select board members voted unanimously to discontinue the easement, subject to voters’ approval.

A second Aug. 25 article asks voters’ permission to give to The Landing’s owners “whatever interest it has (if any), in the property located adjacent to so-called ‘Old Route 202.'”

The meeting notice and warrant are posted on the town website, chinamaine.org, including on the select board page and on the elections page.

Town Attorney Amanda Meader and select board members summarized the history leading to the discontinuance and meeting. Meader started in 1810, when the two towns owning the land at the north end of the lake before present-day China was created laid out the road.

The road followed the curve of the shore until 1972, when the state built the new Route 202 north of the old road (which continues as Lakeview Drive, aka Route 202, down the east shore of the lake).

At intervals since, town officials have tried to determine the town’s rights in the section of old road, spending thousands on legal research, select board chairman Wayne Chadwick said. Meader spent more hours reviewing the record and ended up believing the town has an easement over the area in front of The Landing, but no ownership rights.

An easement, she said, means people have the right to drive over the driveway. It gives no right to do anything else, not even to park there, although Landing owners Tory and Kimberly Stark said people do park, and they don’t chase them off.

The Starks explained they need the issue resolved and title to the land clear so they can make improvements to the property. They need a bank loan, and banks want no ambiguity; and they need a large enough area to improve the septic system (which is not close to the lake).

Chadwick and fellow board members Blane Casey and Jeanne Marquis see no reason not to discontinue the easement. They consider it valueless to the town, and discontinuance will help a long-established business.

Chadwick said since the use so close to the water is grandfathered, no major changes, nor changes that would damage the lake, will get town permits.

A few audience members spoke against approving the proposed warrant articles. Cathy Bourque cited earlier legal findings contradicting Meader’s conclusion and suggested selling the easement to recoup some of the expenses. David Brower pointed out that “Once the easement’s gone, it’s gone,” and said it could be useful in the future – a prediction Casey doubted.

After the public hearing, selectmen convened their meeting; approved the town meeting warrant and related documents; and dealt with other agenda items.

They adopted a new policy on accepting coins as payment at the town office, after Palermo office staff received a $20,000 fine in pennies (see the July 31 issue of The Town Line, p. 3).

China will no longer accept any payment greater than $20 entirely in coins, unless coins have been approved in advance. For payments over $5, coins must be sorted, rolled, wrapped and labeled. The policy is on the town website, in the policies column on the Ordinances and Policies page, which is under Officials, Boards & Committees.

Town Manager Rebecca Hapgood said it is not common for people to pay large sums with coins. But, she said, town office staff do not have time to accommodate someone who might.

The select board vote was 4-1, with Casey opposed. Asked why, he replied that coins are legal tender.

On another 4-1 vote, board members authorized Hapgood to seek bids or quotes for removing two trees between the town office building and Lakeview Drive. One, she said, overhangs the building; seeds from the other interfere with the electronic sign in front of the office.

Marquis dissented on this decision, saying she did not think the reasons given for cutting the trees were strong enough.

Hapgood announced the next select board meeting will be Monday evening, Aug. 25, after the special town meeting.

All town departments will be closed Monday, Sept. 1, for the Labor Day holiday. September select board meetings are scheduled for 6 p.m. Monday, Sept. 8, and Monday, Sept. 22.