April 20, 1999 Selectmen Meeting
Meeting called for selectmen, planning board and Zoning Board of Appeals and Building Inspector. Posted for 7:30pm. Present: Charles Flynn (acting as Chair); Judith Murdoch, Catherine Kuchinski, Daniel Webster arrived at Charles Flynn with Joseph Nugent, Executive Secretary to the Board of Selectmen; Philip Lindquist, Chairman of the Planning Board with members Joan DiLillo, David Harris; Noreen O’Toole, Town Planner and Mary Kuketz, PB Administrative Assistant; Lila Coyle, Chairman of the Zoning Board of Appeals; and Samuel Germaine, Building Inspector.
Flynn called the meeting to order at 7:45PM. Purpose of this meeting was for all parties concerned to discuss the issue of paper streets in light of the by-law proposed for the May 1999 Town Meeting. Nugent presented various letters from (attorneys McCarthy’s 4-20-99; K&P’s E.Lane 4-16-99; K.O’Donnell’s 1-6-99; Ned Kirby’s 4-13-99; K&P’s D.Eliason 7-3-98; and KP’s J.Cutler 11-10-97) along with a letter from residents Mr. & Mrs. Benoit. Noreen O’Toole and Mr. Lindquist presented these letters and documents (K&P’s C.Perry 4-16-97; resident J.Campbell; Building Inspector handout entitled “Substandard lots” highlighted; excerpts from Zoning By-laws “81-L”; a December 1993 handout from EOCD “Subdivision Control
Law MGL 41 s81L regarding land use with parts highlighted).
The Planning Board requested selectmen backing for the article at town meeting. Highlights of reasoning included the zoning by-laws which all were asked to review; consider the history of the town’s past handling of paper streets noting the recent deletions to the list of steps between BI office to the Planning Board on the building inspector’s list regarding substandard lots; the process for determination of adequate access; the difference of grandfathered lot versus adequacy of the paper street; terminology difference between “layout of the street” and “laying out the lot”; Lindquist and O’Toole stressed minimum public safety issues must be addressed (fire, water, pedestrian travel) noting that absolute criteria must exist to the protect the town’s future interests. Discussion included fact that much of this issue arises from several lots that have been purchased at tax-title auction.
Sam Germaine (BI) told the group that lots on paper streets or private ways are purchased for privacy and/or lot seclusion; that the current process is similar to a Form A lot process. When challenged on some comments he closed his remarks by stating that the proposed by-law is wrong because it was attempting to change Chapter 40A.
Flynn recognized Nugent to inform the group of his materials. Nugent referred the group to the letters he had collected for this meeting. Mrs. Coyle asked for a point of order asking that those present consider the fact that Mr. Nugent must be considered to have a conflict of interest in this matter since the outcome he has advocated would result in a benefit to himself on a piece of property he owned. Nugent confirmed to Webster that he did own a piece of property for which the outcome of decision could certainly affect his interests. After a short discussion it was decided to adjourn the meeting so that all the materials received this evening could be reviewed for further discussion next week. More discussion felt necessary with neither
support nor non-support indicated from this meeting. Meeting adjourned 8:35pm.
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