DERRY — With one councilor stepping down from the vote because of his relationship with dam owner and developer Jean Gagnon, the town council deadlocked 3-3 Tuesday over a proposal to have the town take control of the Adams Pond Dam.

The tie vote effectively defeated the proposal to accept the deed transfer for a 0.73-acre parcel including the dam and embankments to the town from Gagnon.

The debate over the dam split residents at a public hearing on Sept. 20, some saying they wanted to preserve Adams Pond and the historical significance of the dam, while others said they did not want the town to take on the costs associated with taking over the dam.

Late last year, the council heard from members of the public about the possibility of saving the Adams Pond Dam. Gagnon proposed eliminating the dam to avoid costs associated with the repair or replacement of the dam after it was pronounced deficient by the state environmental service’s dam bureau.

With councilor Michael Fairbanks absent from the Sept. 20 meeting, the council voted to table the final vote on the dam to Tuesday night’s meeting.

During the public forum portion of Tuesday’s meeting, several residents expressed concern that there would be no further input from residents on the issue. Former Councilor Janet Fairbanks also questioned councilor Brian Chirichiello’s ties to Gagnon. Fairbanks said Chirichiello, who stated he is not running for another term on the council, will be helping Gagnon sell units at his subdivision near Adams Pond Road.

Chirichiello said he had already informed the other council members that he would be removing himself from the vote before the meeting.

During council deliberations before the vote, the debate was as split as it had been two weeks ago with the members of the public.

Several councilors noted that taking control of the dam did not necessarily mean the town had to proceed with any one option for the repair or removal of the dam.

Public works director Mike Fowler had previously presented several options for the dam, from removing it altogether to repairing it. Although Fowler estimated that it could cost close to $200,000 to repair the dam, he noted that the state would require a $15,000 hydrological study before the town went forward with any options for the dam.

And while removing the dam was one option presented to the council, assistant Town Administrator Larry Budreau pointed out that if the town did not accept the deed transfer, Gagnon had stated he will remove the dam without cost to the town.

“I’ve heard a lot of questions on this issue, but I have not heard anyone say they want the pond and the dam to go away,” said councilor Neil Wetherbee. “I’m not in favor of spending a lot of money to repair and maintain the dam, but we won’t get to that point unless we take ownership of this dam.”

Wetherbee, Brad Benson and Phyllis Katsakiores voted in favor of the town accepting the deed transfer, while councilors Michael Fairbanks, David Milz and Joel Olbricht voted against it.

“We don’t know the costs and it is not a council priority to go around and buy this type of property,” said Olbricht.

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Adam Swift may be reached at aswift@newstote.com.
aswift@newstote.com