Selectboard unmerges Meredith Neck lots, but that's all

MEREDITH — The Board of Selectmen yesterday unanimously agreed to restore two Meredith Neck lots, which the town merged into one in 1979 without the consent or knowledge of the owner, but refused to address other issues raised by the current owner of the property.

The 8.6 acre property is located on the west side of Harris Road on Meredith Neck. Christopher John Krochina, who acquired the property in 1993, initially requested the two lots be unmerged at a workshop in April. He also asked the board to revise all zoning and tax maps to identify not only the boundaries of the two lots but also any easements or right-of-ways depicted on the original subdivision plan of 1970. The board sought the advice of legal counsel and scheduled yesterday's public hearing.

Krochina spoke to his request, but when he reached the question of easements and right-of-ways, Town Manager Phil Warren interrupted to explain that while the authority of the Selectboard was confined to unmerging the two lots and did not extend to the other issues he raised. When Krochina questioned Warren, Selectman Peter Brothers told him that easements and right-of-ways were matters of law that could only be resolved in court. Subsequently, Carla Horne, who chairs the board, twice asked Krochina to limit his remarks to the issue at hand and finally allotted him another three minutes to conclude his presentation.

Ralph Pisapia, who uses the right-of-way to reach Krochina's property, and two other neighbors urged the board against granting Krochina any control over the easement. Pisapia said that Krochina has claimed to own it and is the only property owner in the neighborhood who does not contribute to the upkeep of the private roads.

Tim Britton, an attorney representing abutters Paul and Elaine Taylor, told the selectmen that his clients believe the lots were merged voluntarily and cited a restriction on the deed filed in 1993 specifying that the lots were to be conveyed as one, not separately. The Taylors also contended that easements were extinguished through litigation and should not be restored.

In offering the motion the approve Krochina's request to unmerge the lots, Selectmen Lou Kahn explained that the restriction placed on the deed was revoked in 1996 and therefore was "irrelevant." Referring to the statute, he said that "it doesn't say a damn thing about easements or rights-of-way — only lots."