The Pembroke Select Board, charged with gauging the impact of opening two rural roads that have traditionally been used for outdoor activities, voted, 5-0, this week to reject a plan to build 47 new homes in that area, paving the way for an uncertain future.
Near the end of the scheduled meeting at the town hall – which attracted about 50 residents – the board listened to its attorney, Walter Mitchell, who suggested members take a non-binding vote and explain their reasons.
“I would put those thoughts on paper,” Mitchell told the board. “And I can bring it back to you so you can review it at your next meeting, change it if you’re not comfortable with something, I put it in there or we finalize the vote.
“If this goes any further,” Mitchell continued, “I think everybody would appreciate having some explanation of what the board was actually thinking.”
And while the board played its hand with its unanimous vote, Mitchell’s open-ended comment, combined with builder Kenny Lehtonen’s pursuit over what has evolved into a two-year process, gave Lehtonen hope he can still change the classification of Fourth Range and Robinson Flagg roads, from VI to V.
“The vote was based on emotion instead of what the regulations say,” Lehtonen, whose father founded San-Ken Homes Inc., out of New Ipswich, said by phone. “They have a formal process they need to follow to have an upgrade of 6 to 5, and we followed those regulations. What’s the point of having a list and something to base the information on if you meet the criteria and they vote in the opposite way?”
Mitchell’s description of the 5-0 result as tentative told Lehtonen that this process is far from finished.
“That’s why they’re not making it as a formal vote,” Lehtonen said. “They know they’re going to get pushback.”
What form that pushback might take, which could include legal maneuvering or a change of heart by the board, is not clear.
“I don’t think it will be a problem,” Lehtonen said. “We have other avenues, other ways of moving forward.”
When asked to reveal his options, Lehtonen said, “It’s still in the works.”
The residents who live in the disputed area have made their feelings known at many meetings. Those not affected by the potential change have been quiet, but the anti-development crowd insists that no one in Pembroke wants this to happen.
Meanwhile, the road ahead could be bumpy for townspeople if the classification changes from 6 to 5.
“We moved here to live in a quiet, peaceful way and away from the hustle and bustle,” resident Peter Gailunas told the board at the meeting, “and the hustle and bustle is coming to us.”
Reclassifying these roads would mean widening and paving them to support the new neighborhood and its hundreds of new residents.
That, the fear is, would translate into problems with wetlands, wells, traffic and a lifestyle that no one wants to forfeit.
“We have empowered (the board) to make good decisions on behalf of the town,” Gailunas said in an interview. “They are supposed to listen to the will of the people, and last night I think the will of the people was spoken very clearly.”
That came in the 5-0 vote that, at this point, is not set in stone. But those who showed up for the meeting were relieved, applauding after each board member said “No” when asked if the roads should be opened.
“I’m relieved they voted the way they did,” resident Cindi Thorell said by phone. “I’m relieved the attorney gave them the advice of writing down all the reasons they voted the way they did. He wants them to have solid ground in case these guys come back and want to sue the town.”
The next select board meeting is on Sept. 3. The planning board will also address the matter at its next meeting, on Aug. 27.