Selectmen authorize $500 AOT extension and review after town engineer flags deed issues

The Milford Board of Selectmen voted to authorize staff to file for an extension of the Alteration of Terrain (AOT) permit recordation deadline for the Brock property and to pay the $500 fee so the town can complete legal and state-agency review of the warranty deed.

Town Engineer Nicole told the board that when staff reread the draft warranty deed they found it was not a finalized document and that its original language tied conservation restrictions to a larger parcel rather than the 75-acre conservation area required by the permit. Nicole said the red-lined version in the packet reflects changes made by current staff to focus restrictions on the conservation acreage; she also said the red-lined draft may need review by the New Hampshire Fish and Game Department and the Department of Environmental Services before recordation.

"When we started reading the warranty deed, we realized that it was not, and had not been reviewed," Nicole said, adding staff believed the document had been finalized earlier in the process but discovered it still bore draft markings and language that could be detrimental to the town if recorded as written.

Conservation advocate Suzanne Fournier said the deed language was negotiated as part of the AOT permit and that some changes are not allowed without written consent from DES and Fish and Game; she urged the board to take time to get the language right for enforcement and stewardship planning.

After discussion the board voted to authorize staff to file for an extension and pay the $500 fee to buy time for counsel and Fish and Game to review the revised warranty deed. Selectman Frio moved the motion and Selectman Philbrick seconded; the motion carried on a voice vote.

What happens next: staff will send the red-line draft to Fish and Game and DES, request an amendment or extension if necessary, and return to the board with revised language after legal counsel and the state agencies have commented.