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Minutes of 9/19/12

Planning · Source meeting date: 2012-09-19 · Record 39806

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Source page 1

TOWN OF CANTON
PLANNING BOARD MEETING
WEDNESDAY, SEPTEMBER 19, 2012
SALAH MEETING ROOM
7:00 P.M.
TOWN HALL
MINUTES
Present: Chris Connolly, Chairman; Gary Vinciguerra, Vice Chairman;
Kristin Mirliani, Clerk; Jeremy Comeau; George Jenkins.
Also present: Tom Houston, Professional Services Corporation
Karen Lawlor, Planning Board Administrative Assistant
Meeting came to order at 7:00 p.m.
Chairman Chris Connolly called to order the Planning Board meeting of September
19, 2012.
1 St Item on the Agenda — Homewood Suites had not arrived yet so the Board moved on
to the next item.
2nd Item on the Agenda — Washington Commons was continued until October 3,
2012.
3 Item on the Agenda — Knob Hill was also continued until October 3, 2012.
4 th Item on the Agenda — Heather Lane (Rick Blasser) — Discussion of Street
Acceptance.
Mr. Richard Blasser introduced himself and explained he has been a resident of 5 Heather
Lane since 1992. He thanked the Board for allowing him to speak. He has lived on
Heather Lane for 20 years and never knew it was a private road and had never been
accepted by the town. His neighbor had been trying to get a tree removed and he was
informed by the Tree Warden that because it was not a town accepted street the tree could
not be removed by the Town. He tried to find out why and couldn't get an answer right
away. He spoke with Mr. Friel and he said he would check into this. Mr. Blasser further

Source page 2

Planning Board
Minutes of September 19, 2012
explained that he attended the Selectmen's Meeting last night, October 16, 2012, and
although he agrees with Mr. Friel's plan to standardize acceptance of private ways, he
feels there needs to be flexibility for exceptions. For 20 years we were unaware this was a
private way and many of us are 2 nd and 3rd owners of the property. He has researched
this and there was nothing disclosed at the time of purchase. His neighbor who lives
across the street is the son and daughter -in -law of the developer. They told him that the
work was completed which included granite curbs, sidewalks, lights, pavement or hot
top. There was a cost of the easement which was split between the developer and one of
the homeowners, Mr. Bill Duggan of 6 Heather Lane, who has since passed away. The
work was completed by an excavator from the Town who was also a Planning Board
member at that time. He then reported back to the Board that the work was completed
and the Bond was released back to the Developer. Based on these facts, they are asking
for an exception from the policy that is being considered by the Town.
Mr. Blasser also stated that the residents are not asking for any repairs to be done or any
money spent on the roads, they just want street acceptance. Somewhere along the lines
something fell through the cracks and now its twenty (20) years later. He ended by
thanking for the Board for their time.
Mr. Comeau stated that he has reviewed the file and spoken to Mr. Blasser a few times
and now Mr. Jenkins is reviewing the file. There is an email in the file from Karen and
Ellen Jones in Financing asking if there are any Bonds left and all Bonds have been
released. There were unfinished issues at times including lights, curbing and issues
relating to drainage in certain areas of the development and to my understanding they
were addressed. This is what the file says and this is why the Bond was released. And
personally after talking with various people and reviewing the file and talking with other
people involved, the work was completed but there is no documents stating that. The file
stops around 1993. The Developer never brought this forward, the Bond was released
and the neighbors are dealing with a private way.
Mr. Connolly stated that it is the Developer's responsibility to bring this matter before
the Selectmen after completion and have this become a public way.
Mr. Vinciguerra stated that what he is hearing is that there is nothing in the file to
indicate that the Developer brought this forward for acceptance. The Developer
completed the project, the Bond was released and the Developer never brought the
project forward for acceptance and what we have is a private way.
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