Town Council Holds Off on Land Transfer Decision

The Londonderry Town Council held a second Public Hearing on the matter of the transfer of Map 7, lot 40-13 from the Town of Londonderry to Vernco Apple, LLC, and heard from the Assistant Town Solicitor, Michael Malaguti on how to release the small section of property back to the current owner of the Appletree Mall.
Malaguti explained that in 1987 the owner of the land at the time, Shaw’s Reality Company, quit claimed a small parcel of their land to the Town. which was intended to be used as a road. That tract is currently identified as lot 7-40-13.
The town would now like to deed it back to the current owner.
Malaguti also explained the both Conservation and the Planning Board were okay with the transfer.
Back on May 14, at the Conservation Commission meeting, the transfer was discussed with Amy Kizak, the Town’s GIS Manger/Comprehensive Planner, reviewed the proposed access property release with the commission.

She said that when this was originally done the land was given to the Town for the potential for a road to be built and connected with Devonshire Lane. She explained that in the original deed the language stated that if a roadway was not built, the lot would revert back to the owner of Shaw’s Plaza. She added that that a road would never be built, as there is a house there now where the roads would connect.
She also stated that before the town releases the deed, its needs to be presented to Heritage Commission, Conservation and Planning.
Gene Harrington, Vice Chair of Conservation made a motion to recommend returning the lot access property to expand their green space with native shrubs. Bob Maxwell seconded and the motion passed.
At the Planning Board meeting on May 8, Michael Malaguti, Prosecutor for the Town addressed the board Malaguti said that this parcel was originally intend to be used as an extension of Orchard View Drive. He informed the planning board that one problem with this is that no extension appears to be forthcoming and there is a house that has been since built there. He stated that the parcel has been owned by the Town since 1981 and was epically acquired to extend. He stated that the parcel was acquired from Shaw’s, when Shaw’s owned the plaza and now they lease and that they have no ownership interest in the parcel. He said that the parcel was an easement permitting Shaw’s to continue to use that parcel for any purpose as long as it was not being used as a public road. He said that the parcel was also subject to convenience or redeed to Shaw’s or its successors in the event that the Town of Londonderry at anytime in the future determines that those premises are not to be used as a public road.
He informed the planning board that in 1984 Shaw’s conveyed the larger tract to Appletree Mall Associates where the easement was conveyed but not make specific reference to the redeed. He said that late last year discussion began to redeed the parcel as was required by the 1981 deed. He said that Shaw’s agreed to cure the title problem of the unreleased covenanter. He said this is being proposed with a two part transaction noting the first step Shaw’s will release to the town any unreleased interest in the covenant that might continue to hold. He said that the second step would be for the Town proposing to a quit claim this tract to Vernco Apple, LLC that is the current of the plaza. He said this will accomplish the curing of the title and will also discharge the town’s engagement under the original 1981 deed. He said this would also assist in the revitalization of the plaza and return the parcel to the tax base. He told the board that he was here before them tonight in pursuant to RSA 41:14-A stating “the selectman have the authority to acquire or sell land, buildings or both provide, however, that they shall first submit any set posed acquisition or sale to the Planning Board and Conservation Commission for review and recommendation. He said that the planning Department has requested that if this transaction dose gets approved that the owner agree to merge it voluntarily with the larger parent tract, which he stated the owner has agreed to.
At the Monday night Town Council meeting Malguti explained that a decision could be made until after 7-14 days of the second public hearing, giving the Town Council until June 17 to make a decision.
Councilor Ted Combs stated that, “It sounds like the Planning Board and the Conservation Commission are not on agreement on this.”
Malaguti respond to Combes and stated that the Planning Board felt there was not planning use for the land and had no feeling way or the other and that conversation felt it should stay as green space. It is up to the council.
Councilor Tom Dolan made a motion to take the matter up at the June 17 meeting, which was approve unanimously.

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