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ti 4+ <br /> . - --- Page 1 . <br /> hm. Thomas; "You may be new i , the area but this is an old problem. " <br /> Holmes; "I am beginning to see that and if I become a landowner there, <br /> the -problem is going to continue and it is , going to become my- <br /> financial problem., and I ars not. Ln the -mood or financially in <br /> the position to take on such legal expenses that it might en-- <br /> tail. It seems to me that if Mr. Blakeman� had a subdivision <br /> plan with -proper engineering on it and .the Town accepted it, <br /> than the Town- has some responsibility . , It seems as 'though if <br /> we form ars association we become even more liable than we are <br /> individually. I don't like e the sounds of- that because that <br /> sounds like more money out of my pocket as well as .the neighbors . <br /> It seems Nor. Blakeman has paid or done some or part of the work <br /> prior to us burring or contemplating buying there andi_t seems <br /> the Town has some' kind of obligation. If they accepted his <br /> plan, . his covenant, than wrote it off as .being clone according <br /> to plan than -it seems that the ' Town has- some responsibility. <br /> It doesn' t seem that all that burden should be bornd' -bar the <br /> landowners. " <br /> hm. Thomas; "When you say the Town you mean the Planning Board?" <br /> Mr. Holmes ; "well no, if we petition the Town to take- over the road than it <br /> becomes the taxpayers burden, and- I don' t think that is fair. <br /> On the other hand I don' t thinly it is fair for the taxpayers <br /> in the immediate area to tale o rex Mr, Blakeman ' s liabil'it U <br /> Tows, Counsel; "Let me answer several questions that approach here. If' the- <br /> Town takes over, and according to the by-laws there is a pro- <br /> viso now for the taking of a -private way by petition. The <br /> Town Meeting voted .for this by-law. This by-l'aw provides for <br /> assessment. of betterments , That is. that the Town by taking <br /> . over of a private way does so but any. work that is necessary <br /> to be done in order to take -the road -over, that is any engineer- <br /> ing cost,- whatever it might be, are assessed to the people who <br /> have property fronting on the way or any people who derive. any <br /> particular betterment from the way becoming public. Those <br /> people are determined by the Board of- Selectmen. So it really <br /> isn' t a cost to the taxpayers as such. with reference to the <br /> issues of the Town. having liability, I can fuller appreciate <br /> what you are- saying and what you2-'.are sabring does make some <br /> sense, however, the - law de . not pull that way. The Town has <br /> no responsibility for ,wags that have been created by a subdivider <br /> who has come to the. Plainning Board. It is strictly private way: <br /> the only reason that a subdivider' has to come to the Planning <br /> Board is ]because the law requires anyone -laying out a war secure <br /> approval from the -Town. The reason for that - is that the wags <br /> that- are laid out are clone so- as to intersect with cut arars <br /> and in a safe matter and to make sure that ' the subdivider affords <br /> adequate protection to the owner of the lot of the homes by <br /> designing these ways in a safe manner. In this particular in- <br /> stance the ways that were designed were apparently safe and <br /> adequate. I say that because the engineer that was working for <br /> the Planning Board - t the time certified that they constructed <br /> according to the requirements of the Board and it was done proper-- <br /> 1y, and appropriately. The certification the Planning Board has <br /> in their records. This is what the Planning Board relies upon, <br />