City wrestling with care of private roads

By MICHAEL KITCH, LACONIA DAILY SUN

LACONIA — "I think a severe can of worms has been opened up and I aim to point every one of them out," Cal Dunn told the City Council this week after the Department of Public Works failed to sand the steep stretch of his private road at the end of Garfield Street.

Meanwhile, Wes Anderson, director of Public Works, had already opened the can of worms. When  the council next meets on Jan. 9 he will present a report on the ambiguous status of any number of streets in all parts of the city, which his department may or may not be required to maintain. Anderson said Wednesday there are four categories of streets on his list, including private roads, which city officials believe municipalities are not obliged to maintain but instead prohibited from maintaining. There are also private roads that provide access to public streets or serve some public purpose that can be designated "emergency lanes" and maintained at public expense. There are also streets built to city standards with the intention of being accepted as public streets — Tremont Street between Pleasant Street and North Main Street is one —  which somehow have not been formally accepted. These streets may be improved and accepted, either solely at the expense of the city or by the betterment process, which includes a contribution from residents in the form of a surcharge on their property taxes.

Dunn lives at 217 Garfield St. on a lot beyond the intersection with Tilton Avenue and past a small brook reached by a 350-foot steeply sloped stretch of private roadway that he built and maintains. The city-owned right-of-way also extends past Tilton Avenue, but then is sliced diagonally in half by the property line of a private lot, leaving two pie-shaped scraps of roadway, one the southern extent of the city's right-of-way and the other the northern extent of Dunn's private road.

Dunn explained that in the 1950s and 1960s, the city plowed and sanded as far as the first lot past the brook. In 1975, when Dunn purchased the two southernmost two lots and built the private road to reach them, he said that he undertook to plow, repair and maintain the road and in return the Department of Public Works agreed to sand it. Dunn said that for the past 42 years the department has sanded the road.

That is, until Dec. 18, when after rain fell on a foot of snow, icing the road, and without notice the department failed to sand. He said that he spoke with Anderson who told him the city was not responsible for the private road and questioned his assertion that the city had sanded the road in the past, a remark he found "very shady." He described their conversation as "very distasteful" and said the city was "acting like small, immature children."

Dunn told the councilors that since he was being denied municipal services either his tax rate or assessed value of his property should be adjusted. Councilor Brenda Baer (Ward 4) reminded him that the 240 homeowners at Briarcrest Estates also go without city services, but their properties are taxed at their full assessed value.

Dunn calculated that cost of applying 500 pounds of sand to his 24-foot wide 350-foot roadway would amount to $1.50 and offered to make a contribution to the city. He pointed out that trash collection had also been suspended and access for emergency vehicles was hindered.

"This is not a convenience," Dunn insisted. "This is a necessity. In essence, this is a public right-of-way, not just somebody's driveway." He said that state law forbids the city from withholding services it has provided in the past and repeated that personnel of the Department of Public Works have sanded the road for 42 years.

City Manager Scott Myers acknowledged that perhaps Dunn should have been informed the road would not be sanded, but insisted that state law forbids municipalities from spending public funds to maintain private roads. However, he told Dunn that he would speak with the city attorney about his claim that the city was not entitled to withdraw services that it had routinely provided for a number of years. Myers noted that the city has compiled "a comprehensive list" of what he called "streets in limbo," which the council will consider at its next meeting.

Councilors Henry Lipman (Ward 30 and Bob Hamel (Ward 5) suggested that in the meantime Myers could reach an arrangement with Dunn to address his concerns. Myers repeated that he would consult with the city attorney, but stressed his reluctance to enter any agreement before the council had an opportunity to consider the issues posed by the other streets in question.

Lipman also suggested Dunn consider asking the city to accept his private road as public street.

"That is not an option," Dunn replied. "As long as I live it will remain a private road." Remarking that he had "a premonition" and was known for foreseeing the future, he said "The city is going to continue sanding this or I'm going going to receive a helluva reduction in the taxes on three homes."

According to the New Hampshire Municipal Association, private roads are hard roads to travel. On the one hand, the New Hampshire Supreme Court ruled in 1952 that municipalities may only maintain private roads if the maintenance is "subordinate and incidental" to maintaining a public street and if the owner of the road pays the municipality for the services. On the other hand, in 2007 the same court found that plowing, salting and sanding and other maintenance and repair of a private road may be taken to mean that the municipality has implicitly accepted it as a public street. Consequently, the association advises its members against maintaining private roads.

12-29 map

This map shows the southern end of Garfield Street, with the city owned right-of-way highlighted in yellow and the dotted line beyond it defining the private road ending in a cul-de-sac. Cal Dunn owns the two southernmost lots numbered 20 and 21 on the map, also shown below. (Michael Kitch/Laconia Daily Sun)

12-29 Cal Dunn street

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Hitting the mark in 2017

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Mark Head, foreground, Jon Heinonen, shooting, Joe Morris and Bruce MacDonald on the trap line at the Pemi Fish & Game Club in Holderness which will hold its annual New Year's Day Shoot. Registration opens at 8 a.m. with shooting to start at 9. (Bea Lewis/for The Laconia Daily Sun)

 

Trap shooters celebrate the new year with skill and shotguns

By BEA LEWIS, For The Laconia Daily Sun

HOLDERNESS — While most people will still be snuggled warmly in their beds, the morning of Jan. 1, a group of hardy sportsmen and women will ring in the arrival of 2017 with a literal bang.

The Pemigewasset Valley Fish & Game Club, founded in 1941, will continue its annual tradition of hosting a New Year's Day Trap Shoot.

The sport dates back to 1750 in England, when live birds were used as targets, released from under hats. Trapshooting began in the United States in 1831, and glass balls came into use as targets in the 1860s. In 1880, domed disks made of clay were invented, and remain in use today.

Thanks to a NRA grant, the trap range located on Beede Road is equipped with a Pat-Trap launcher capable of hurling optic orange clay targets still referred to as "birds" at nearly 60 mph, creating a challenging target for shotgunners.

The technique for trapshooting is quite different from rifle or pistol shooting in which a single bullet is fired with enough time to accurately aim at a usually stationary target. Trapshooters fire hundreds of pellets at a time, at a target that is moving downrange in a hurry, and often quickly laterally, typically with less than a second to smoothly swing the barrel of the shotgun and squeeze the trigger.

Those who have mastered the sport generally refer to the process as "pointing" the shotgun rather than aiming it.

In groups of five, known as a squad, shooters rotate through five positions or stations, firing five shots, from a distance of 16 yards behind the trap house, at each station, for a total round of 25. Each squad will shoot five rounds, during the course of the event, for a total of 100 targets.

The local club utilizes a single trap machine which is enclosed within a traphouse, downrange from the shooters' shooting positions. The house protects the launcher from weather and also acts to obscure the machine's oscillating throwing position, assuring that participants never known exactly where the next bird will be thrown. Each shooting station is equipped with a speaker-shaped voice-activated receiver allowing the shooter to call for the bird by saying
"pull" causing the machine to launch the target. The trap machine oscillates randomly from left to right within a 45-degree arc (up to 27 degrees right and left of center), and at least a 34-degree arc, (up to 17 degrees right and left of center.)

The public is welcome to come and watch the event, but should bring shooting earmuffs or foam plugs to protect their hearing and dress appropriately for the weather. Registration for participants opens at 8 a.m., with shooting to begin at 9. There will be chili, stew, and hot beverages available for those who attend.

Andy Engler of Bristol, the club's trap committee chairman said it's been a busy season at the trap field, highlighted by the hiring of MT2 of Arvada, Colorado, to complete the lead reclaimation and soil remediation project as part of the Pemi's ongoing commitment to being good stewards of the more than 330-acres the nonprofit owns and manages.

For more information about the club including membership details visiting www.pemi.org or email Trap Chairman Andy Engler at This email address is being protected from spambots. You need JavaScript enabled to view it.

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Directions to the Trap Range: From I-93, Exit 24, take Route 3 south for 0.8 of a mile into Ashland village, continuing left on Route 3 south for 2.6 miles to Route 175 north. Turn left on Route 175 and travel 1.7 miles to Hardhack Road, turn right and go 0.7 of a mile to Beede Road, bear right and proceed another 1.2 miles, see sign for Trap Range on the left.

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Phyllis Grant keeps score during last year's New Year's Day Trap Shoot. (Bea Lewis/for The Laconia Daily Sun)

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Jodi Aboujaoude of Gilford is on target as he fires his semi-automatic shotgun and shatters the orange clay target down range as it flies at nearly 60 mph after been thrown from the trap house. (Bea Lewis/for The Laconia Daily Sun)

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Fugitive still on run

Police hopeful Brouillard will turn himself in

BY ROGER AMSDEN, for THE LACONIA DAILY SUN

FRANKLIN — Police continued their search Thursday for Ryan Brouillard, 33, of 21 Pleasant St., who remains at large after having been the subject of an intense manhunt which spanned several neighborhoods in the city Wednesday.
12-28 Philip BrouillardFranklin police Chief David Goldstein said Thursday afternoon that state and local police have been joined by FBI officers as well as members of the U.S. Marshal's Fugitive Task Force, in their search for Brouillard.
"I think we're getting close. We're asking for him to turn himself in," said Goldstein Thursday afternoon. The chief said that he had a long talk with Brouillard's father Wednesday and said that they are hoping to contact him through social media and arrange for him to surrender peacefully.
Goldstein said police were called to the Prospect Street area for a report of a domestic dispute around 2 a.m. Wednesday morning, which escalated when Brouillard allegedly fired a gun into the air. He said some of the people were injured before the gun was fired, but did not give any further details.
"To clarify any rumors out there, no police officers were shot. However, the police officers did see a gun and a round was discharged," Goldstein said. "That's when the officers decided to back off, take up a tactical position and secure the area."
A SWAT team was called to the area and police dogs aided the search while a State Police helicopter circled over the area for most of Wednesday morning. Several streets were closed throughout the morning and some homes were evacuated.
Goldstein said that police consider Brouillard to be "armed and dangerous and should not be approached. If you see him please call 911." Those with information are encouraged to call Franklin police at 603-934-2535.
Brouillard, who is described as 6 feet, 6 inches tall and weighing 250 pounds, has green eyes and brown hair and was last seen wearing a blue hoodie.

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