Board of Aldermen 03-08-2022 Page 6
made some improvements to what | had written and most significantly #3 he’s changed it to read, “The petitioner shall
satisfactorily address all requirements of the Fire Marshal’s office” instead of specifying the driveway that was outlined in
the original motion. So that’s basically the amendment and so | move to amend the original motion by replacing it with
that copy.
MOTION BY ALDERMAN JETTE TO AMEND TO GRANT THE PETITION AND AUTHORIZE THE ISSUANCE OF
BUILDING PERMIT(S) PURSUANT TO RSA 674:41 FOR THE ERECTION OF A SINGLE-FAMILY DWELLING UNIT
AND RELATED IMPROVEMENTS AT 19 ROBY STREET WITH SOLE ACCESS VIA ROBY STREET, A PRIVATE
ROAD, PROVIDED THAT: 1) THE MUNICIPALITY NEITHER ASSUMES RESPONSIBILITY FOR MAINTENANCE OF
SAID PRIVATE ROAD NOR LIABILITY FOR ANY DAMAGES RESULTING FROM THE USE THEREOF; 2) PRIOR TO
THE ISSUANCE OF A BUILDING PERMIT, THE PETITION SHALL PRODUCE EVIDENCE THAT NOTICE OF THE
LIMITS OF MUNICIPAL RESPONSIBILITY AND LIABILITY HAS BEEN RECORDED IN THE HILLSBOROUGH
COUNTY REGISTRY OF DEEDS FOR THE LOT FOR WHICH THE BUILDING PERMIT IS SOUGHT; 3) THE
PETITIONER SHALL SATISFACTORILY ADDRESS ALL REQUIREMENTS OF THE FIRE MARSHAL’S OFFICE; 4)
THE E911 ADDRESS ASSIGNED TO THIS PROPERTY WILL BE 19 ROBY STREET; AND 5) THE PETITIONER
SHALL SATISFACTORILY ADDRESS ALL REQUIREMENTS OF THE CITY ENGINEERING DEPARTMENT
Present Wilshire
The motion is to amend. Alderman O’Brien you wanted to speak.
Alderman O’Brien
Thank you Madam President as many of the members here on the Infrastructure Committee remember, we did discuss
this the other night. The Jette anendment seems to meet some of our concerns and satisfies the needs and wants and
flavor of what the Fire Marshal basically agrees. So as Chairman, | say that it meets what we discussed and would fully
support this motion and I’d like to thank Alderman Jette working with and cleaning this up and appreciate it. Thank you.
Alderman Klee
Thank you. This looks really good, but | just have some clarification if anybody can answer it. When it says “municipality
neither assumes responsibility for maintenance for said private road nor a liability for any damages resulting from the use
thereof” does that mean we don’t pave it? We don’t have to do the paving, we don’t have to plow it, will there be trash
pick-up for that particular address? If there is any accident or anything that happens on that is the City liable for anything?
Alderman O’Brien
I’m going to have to research, but maybe somebody else can give a better answer, but basically it’s a private road. | think
that would mean the owners would be responsible for the paving. Trash — | think that’s the one that | question. | think
everyone through their tax base has some entitlement to trash pick-up.
Alderman Klee
The reason | brought that up is recently | have been approached by someone, and | think Alderman Dowd can speak to it
as well, from someone in Ward 2 that has recently built a few homes considered a private road and the City will not pick-
up their trash nor will they pave it. That’s why | wanted clarification on this and perhaps Alderman Dowd.
President Wilshire
I’m going to call on Alderman Jette.
Alderman Jette
Yes, it means exactly what it says that the City does not assume responsibility for the maintenance of the road, so that
includes paving, plowing, or any of those things. Secondly, the city does not have any liability for any damages that might
result from the use thereof. That’s right out of the Statute that enables them to build a house on an unapproved street
with our permission.
As far as the trash pick-up, my understanding is that they are close enough to the accepted portion of Roby Street and if
they put the barrels out on the property line of this new lot, it would actually bisect it’s adjacent to the approved part of
