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Vote on Derry right-of-way request postponed

By Hunter McGee
Union Leader Correspondent

December 27. 2013 9:00PM

DERRY — A vote on a request by two Schurman Drive residents for the town to release a section of right-of-way has been postponed.

David and Rebecca Zbieg, of 17 Schurman Drive, asked the councilors last week to release the parcel.

They plan to build a garage on their section of the property, according to officials.

But after some discussion, councilors agreed to postpone the vote until they receive a letter from abutters, Jonathan and Melissa Turcotte, of 15 Schurman Drive. The Turcottes weren’t present at the meeting and had not submitted anything in writing giving their consent to the release of the right-of-way, according to officials.

The section of right-of -way is approximately 210 feet long by 42 feet wide, said Highway Director Alan Cote. It was dedicated in 1964 as part of a subdivision, but was never developed, he said.

The town didn’t have any objections to the release of the right- of- way,. except to require the petitioners to furnish a 20-foot wide easement for a town drainage line, Cote said.

The town doesn’t technically own the right of way and all that would happen is the public’s interest in it would be released, according to officials. By granting the release, the Zbiegs could build the garage without having to seek a variance for insufficient setback from the side property line, Cote said.

The Turcottes have not voiced opposition to the request in the past and don’t seem to oppose it, according to officials.

But rather than make a mistake by approving the request, Councilor Mark Osborne said councilors should wait until they hear back from the Turcottes.

“I’d be more in favor of voting for this if I had something in writing from them stating they were in favor of it,” said Councilor Tom Cardon.

Osborne proposed a motion that the council wait until the next meeting and receive a letter back from the Turcottes before voting.

The motion was then approved 6-0 by the council.

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