By BOB MARTIN
Eagle Times Staff
CORNISH, N.H. — Two Town Meetings ago, Cornish residents narrowly approved the development of a new library and community center to go into the renovated Cornish General Store. On Saturday at Town Meeting, residents voted down a petition article that would have negated this decision.
Article 26 received 245 no votes and 187 votes in favor to rescind the 2023 Town Meeting vote to accept as a gift the donation of the Cornish General Store property after Cornish Community Initiative has renovated the building.
“There was quite a lot of discussion and I think people have been passionate on both sides,” said John Hammond, who spent six terms on the Cornish Board of Selectmen before opting to not run again to focus on his farming. “I think everybody had a chance to say what they felt, but the reality was that the CCI raised the money and are ready to move forward.”
The decision was voted on in 2023 by a vote of 268-256, and CCI has been working to fundraise since.
On Jan. 23, the Northern Border Regional Commission announced that it awarded a “highly competitive grant” of $909,320 to fund the construction of a state-of-the-art library and community center. As this is an 80/20 split percentagewise, the initiative will be using $727,456 in grant funds toward creating a community resource hub that includes a maker space, after-school programming, Work Ready NH and other local resources, according to information provided by the CCI.
The building that is being renovated is the former Cornish General Store, and its owner and CCI Chair Colleen O’Neill is donating the building.
“The new facility will include essential features such as bathrooms, ample parking, running water, meeting rooms, and expanded space for books and technology,” a release stated from CCI stated. “The new hub will provide opportunities for education, economic development, creativity and connection, ensuring Cornish remains a healthy, thriving, and vibrant community for generations to come.”
The library is set to replace a building that was built in 1910 that has no running water, which CCI officials said in a previous interview that it has outlived its use. She said the building will not be torn down.
Hammond said the town will still own the current library, but it is a matter of question of how it is going to be used. The building does not have plumbing and needs a ramp to be compliant with the Americans with Disabilities Act.
“When the move is made to go to the old store, the town will have to decide what to do with the old library building,” Hammond said. “I’m sure it will be put to use somehow.”
Hammond said CCI has met the conditions from the 2023 vote, and on Saturday he felt that voters ultimately realized that it would move forward as a bigger facility for a library and community center.
The Cornish Selectboard requested town counsel’s legal review of the article, and Attorney Matthew Decker of Drummond Woodsum wrote in a March 12 memorandum that the article raised two independent legal questions. The first was whether the town can refuse to accept the gift and avoid taking ownership of the property, and secondly, whether the town would still be liable to CCI for costs incurred over the past two years.
Ultimately, Decker said that if this vote passed it could invite legal ramifications and additional costs to the town.
“The town may still be able to avoid taking ownership of the property, but the town would risk being held liable for CCI’s costs to date,” Decker wrote. “If the town votes ‘yes’ on Article 26, it invites legal uncertainty and the potential for significant costs that come with it.”
Decker added that if the town votes to refuse the gift, he does not believe the N.H. Attorney General’s Charitable Trust Unit or the court would force the town to take ownership. He stated that a CTU representative has written that they do not believe the town has fully accepted a charitable asset yet, and that CTU would not take action or position on the article.
“A court ruling would depend on whether a contract has been formed — by the 2023 vote or by subsequent developments,” Decker wrote.
Decker wrote that CCI’s offer was a “not a pure gift” because the 2023 vote “arguably” included consideration by the town that if the library is built it would be open for 15 hours per week. He added that another issue was the progress CCI had made, noting that physical renovations have not started but fundraising has been completed. He stated that CCI claims to have spent “significant money” for architectural and engineering plans, and if a court finds that this was enough progress, “it could rule that it’s too late for the town to back out.”
“Either way, if the town refuses ownership of the property, then the town might owe CCI for its costs incurred to date,” Decker wrote.
According to the memorandum, CCI states that it has incurred $233,000 in out-of-picket expenses, and volunteers have worked 1,500 hours to raise nearly $2.7 million in money, grants and pledges.
“If CCI reasonably relied on the 2023 vote in incurring these costs, then CCI could demand that the town reimburse it,” Decker wrote.
Hammond said that the town conferred with the attorney just to lay out on the table about what the possibilities would be if there was a yes vote.
“We just felt it was in the best interest for the town attorney to be there, not to say they should vote for something, but to explain what the ramifications would be if you voted one way or another,” Hammond said.
In all, 20 of 29 articles passed. Also at the meeting, voters approved the general fund budget amounting to $695,309, which was broken up in a line-by-line format in Article 5. They also approved the budget of $816,651 to maintain Class V highways and bridges, as well as snow removal from town buildings and school grounds. Another big-ticket item that was approved was $163,839 to improve Class V roads in Article 6. Voters also approved $500,000 for a new pumper truck for the fire department in Article 18.
The town voted down appropriating $2,028 to contract Avitar Associates of New England for assessing data. Also voted in the negative was Article 27, which altered the Conservation Commission bylaws.
A message was left with Selectboard Chair Dillon Gallagher but not returned by deadline.
