Milton selectmen make move to put wall issue to bed

Milton Selectman Ryan Thibeault, left, questions Select Chair Andy Rawson on his motion on the wall as Selectman Mike Beaullieu looks on Monday. (You Tube video image)

MILTON - Selectmen on Monday voted to resolve an issue with the wall behind Three Pond Automotive by having the owners sign a document indemnifying the town from any and all damages if the wall should ever fail.

The motion carried 2-1, with Selectmen Chair Andy Rawson and Selectman Mike Beaulieu voting for the motion and Ryan Thibault voting against it.

Rawson introduced the motion by saying he had talked to Town Attorney Jim Sessler about a plan to have the property owner sign a waiver in exchange for having the town drop any action against the business and said Sessler agreed "this is the easiest way to put the matter behind us," Rawson said.

Rawson said that the wall at 254 White Mtn. Hwy. had not been built to town specifications and that the CEO had "made a mistake in dealing with this wall issue," but to avoid costly litigation this was the best thing for the town.

The wall behind Three Pond Automotive. (Rochester Voice file photo)

Thibeault, whose property abuts the garage, has railed against the wall citing it as a liability issue for the town. He objected vehemently to the motion during Monday's meeting.

A letter he brought to selectmen last month had indicated Sessler's concerns with town liability,

Later the business owner received a letter from the town stating he would have to pay for an engineer to guarantee the wall's structural soundness.

But on July 10 Milton CEO Brian Boyers confirmed he agreed to the building of the wall.

At that meeting Boyers clashed repeatedly with Thibeault, accusing him of a "conflict of interest" as an abutter who has long been calling the wall a liability to the town, first as a private citizen and now as the board's freshman member just three months after he was elected.

After Rawson made the motion, Beaulieu seconded it as Thibeault threw up his hands in disbelief.

Later during the Selectmen's Comments portion of the meeting Thibeault complained loudly about the board's vote and said he, himself, would be going back and consulting with Sessler yet again.

Rawson's motion urged Sessler to draft a letter indemnifying the town and putting it back on the property owner and having it signed by them within in 60 days.