The Conservation Commission voted to recommend to the town acceptance of an amended easement on the Hickory Woods restricted living project on Nashua Road near the Hudson border, officially listed as Map 2 Lot 27.
At the commission’s Tuesday, June 11 meeting, commissioner Mike Speltz said he had reviewed the language in the easement and had made a “modest” change.
“They wanted to prohibit by language in the easement the grantor, meaning now the developer and in the future the homeowners’ association, of ever granting public access to the property, and I changed it so that they’re not required to but they may,” Speltz said. Speltz said it was a generic, simple easement. The easement is in the northern part of the property.
Commissioner Michael Considine asked if the easement allowed public access for recreation and Speltz said it was “silent on it now if they go with my changes.” Commissioner Eugene Harrington said that if they didn’t go with Speltz’s changes, they could do what they want.
“Even though they might want to give public access, they can’t. That’s the way they drafted it. I don’t think they were really thinking very clearly. They didn’t want to give public access and that’s fine, it’s their land, but that doesn’t necessarily mean that the homeowners won’t want to have a trail there someday,” Speltz said.
Speltz said the easement is for 7 or 8 acres. “What I did was make it so that if they want to grant it, they can but they are not required to,” Speltz said. Commissioner Paul Nickerson asked if there was a monitoring provision and Speltz said as the easement was granted to the town, access is granted to the town.
The Commission voted unanimously to recommend that the town accept the Conservation easement.