Tilton orders development at former Anchorage property to obtain soil removal permit

TILTON — The selectboard has issued a temporary cease-and-desist order for The Preserve on Winnisquam, formerly the Anchorage at the Lake resort, to prevent the developer from removing soil from the property until it receives zoning board approval.

Making it clear that the company should have no problem obtaining the earth-moving permit when the zoning board of adjustment meets Tuesday, Feb. 21, selectboard member Jonathan Scanlon said Thursday that the order is intended only to ensure that the project conforms with town regulations.

The broadly worded paragraph, stating only that a permit from the zoning board is necessary to allow the removal of soil from a property, posed a problem for Land Use Coordinator Lee Ann Moynihan, who said, “I’m not really sure I understand, and I would like to hear what the end game is, like, what are you trying to prevent them from doing?”

She noted that other towns specify limits on the amount of earth removed, but Tilton’s ordinance provides no criteria to be met.

“This is a very broad statement ... but I’m not really sure what the limitations are or the criteria for removal of earth. ... I don’t understand what the purpose is,” she said.

Scanlon said the purpose is simply to comply with the ordinance requiring the zoning board to sign off on any soil removal.

The original ordinance was put in place to preserve agricultural land when farmers were selling topsoil. It came into play when Home Depot was clearing its lot, and was considered the strictest ordinance in the state in 2001.

The developers of The Preserve went through the planning and zoning process, seeking to build a 118-room resort with 39 dock slips, two ballrooms, and a restaurant and bar, requiring about 300 parking spaces. Moynihan said no one had brought up problems with site work until word got back to the town about the possible removal of soil and, when made aware of the requirement, the owners immediately filed the necessary paperwork. No one instructed her to issue a cease-and-desist order, she said.

Selectboard member Eric Pyra suggested that imposing the order might lead to a lawsuit for delaying the work after having given a go-ahead to the project, but Scanlon pointed out that it would be in effect for only a few days, until the zoning board could meet, with that period including the long Presidents’ Day weekend when it is unlikely that work would be taking place. The order would not prevent the company from continuing to move soil from one place to another on the site, as long as none of it was taken to another location.

Moynihan, who was attending the Feb. 16 meeting on a day off, continued to question the need for such an order and, after the vote, reluctantly said she would send out an email to the company when she got home.

‘Just cancel the meeting’

Selectboard member Pat Consentino, peeved at the number of items the board was reconsidering and tabling during the absence of selectboard member Joseph Jesseman, suggested, “The next time a selectman is absent, why don’t we just cancel the meeting, because we keep putting decisions off and then, when we make a decision when a selectman is not here, then we undo the decision the following time. We just keep doing this; we do round robin all the time.”

The comment came as the board discussed safety lighting at the town hall — a topic that came up for a third time as concerns were expressed that the placement of the light could interfere with a security camera.

Pyra said, “I think we should put our faith into our leadership and let them make the best decision for what works best at the least cost to the town.”

The board settled on placing the lights over the doors, as previously decided, and said if there is a problem with the camera, “then we’ll address it.”

The selectboard also haggled over whether to allow dogs in public buildings, with Consentino saying that they had tried it but the experiment had been unsuccessful. She worried that someone might be injured if a dog was startled or got in a fight with another dog.

Scanlon attempted to amend the motion to limit the exclusion to the town hall only, saying that the police station is secure enough that no one would be wandering in to encounter a problem with a dog. He received no second to his amendment.

Chair Scott Ruggles said any ban should apply to all public buildings or none of them.

“I think we need to be very, very careful, because if you’re going to have employee rights — that saying that only one place can have it and others can’t could run us into some significant issues,” he said.

The question was tabled until Jesseman could weigh in.

The board sparred over a $6,500 bid from Nordstrom Associates to survey and design a sidewalk extension from Riverside Park to the Winnipesaukee River walkway. While the state Department of Transportation said the town has the necessary right of way for the project, Consentino questioned that statement, concerned that the land might be privately owned or owned by the DOT. She said the town does not have the money to purchase a right of way, and if the DOT owns the access, the state should be paying for the work, rather than Tilton taxpayers.

Scanlon said DOT has cost the town money in the past with verbal approvals, then adding expensive stipulations or requirements.

Ruggles, who with Town Administrator Jeanie Forrester had met with DOT officials, assured members that the town has the necessary right of way.

Pyra said the survey will settle the question of ownership. Unless the survey reveals a problem, the contract would allow the firm to do the necessary engineering, and then the town would know the cost of executing the project.

That matter, too, was tabled until Jesseman can weigh in.

Members did agree to allow the department of public works to sell “purple bags” for trash at the transfer station to avoid having to turn away people who did not have the proper bags for solid waste disposal.