Residents, board weigh state classification of Shaw's Pond access road and the cost of maintenance

A resident researcher presented documentary evidence to the New Durham Select Board that an access road to Shaw's Pond was laid out by commissioners appointed by governor and council on May 10, 1957, and argued the road therefore remains a classified highway to public waters — a status that would require town maintenance despite historical ambiguity.

"Within the permanent town clerk records ... I located the original documents of the layout of the highway to public waters to Shaw's Pond dated 05/10/1957," the presenter said, summarizing a packet of deeds and RSAs she had filed with the town.

Board members debated competing interpretations of state law and prior RSA updates from 1992. One board member noted that some RSAs suggest classified road status can lapse to a class 6 road after five years of non‑maintenance, while the presenter said other RSAs protect roads established by petition and governor and council actions. Legal counsel and staff were asked to re‑check precedents and provide clarity.

The applicant seeking grant funding said she needs confirmation of the town's willingness to accept ownership or stewardship to secure grants (one deadline cited as October 1). The presenter also noted that engineering and survey work is underway (a local survey firm had a deposit), and discussed proposed site work including bioretention basins to address runoff.

Board members stressed they must understand the maintenance implications, winter plowing expectations and likely costs before committing funds or listing the project on a warrant; they asked the applicant and staff to produce a clear cost estimate, engineering input and any applicable state guidance on maintenance standards for 'roads to public waters.' The board agreed to continue fact‑finding so CIP and budget planners can consider the potential expense in the next fiscal cycle.