01/12/1983 BOARD OF SELECTMEN Minutes

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Page Town counsel..; "in the roadway constitutes a hazard to the public health, can order that this public nuisance be abatted, and can take steps to en- force its. order if nothing is done, Secondly.,- one of the most immediate remedy that is available is a .private remedy on the. part- of any of the property owners. The people who own lots -, this would require some r stige on their part, they would have - to employ council to enforce their rights but i-t would appear to me that if, people who own lots in this particular subdivision have- in their deeds a right. of war over the roads , which by the way is normal and usual as an incidence of ownership in any sub- division, wherein the fee to the way is retained by the- subdivider as we have here, in order for people to get to other lots , they have a right . to pass over the roads, If this condition exists which I rather suspect it does, than any person who has such a right is in a position and would have standing to bring action in the Superior' Court. . To force the owner of the fee in the war to maintain the road in a Passable condition. To abatte this water problem,- that prevents safe -traffic from going through- the area . That is a source o f. relief that I think would be readily available, I would imagine that if a complaint was drafted properly accompanied- by appropriate supportive affidavits that a temporary order,, a temporary restraining order or an injunction could be obtained in a quicker manner than the Town could .tape relief, because when the Town. -takes steps we are constrained to follow statutory procedures with time frame set forth, - ther in appropriate no.ti es given. As the scenario that I am deriving is that a private owner, who claims to be aggrieved can go into ' Superior Court, ex-party, that is by themselves , and al-lege that there is immediate harm being done to there right now and ask the Judge . to enter an order, or a so call short order of notice, g corp ellin the owner- of the gray to appear -before that Judge -with- in a. period of, three to seven- days to- show cause why the, requested relief shouldn' t be granted. belief being the abatement of the nuisance. Doing whatever is' necessary 'to get 'the eater out of there, and- to rake the road. safe, so those are two things that appear to me. One of which a Town Agency could do, the Hoard of Health.- second, .one of which the citizenry g � themselves could .do. I am talking row ,.about a situation where thesub- divider is not doing to do anything apparently, the third option is if the subdivider agrees to cooperate'. Audience; " can we have horses or something put. up- and show - people .that live in the- neighborhood, to warn -thein- not to go through it. The-re have been several vehicles that have gotten stuck in there and there is no warning - at all.' If you go by there at. ni ht t we have no street lights , anyone can go through and get stuck in it. " Town Counsel; I would think the Town could- do that even though-. it is p property. rivate This really doesn' t require the, expenditure of funds. I would think. the superintendent of Streets would have some .'.„.saw horses or Whatever that could be put up -there. I don' t think this- would be inappropriate at all,. ” Nor. Holmes ; "I lige just east or southeast of the dayflower Pond. I am c mtemplat.ing buying property, specifically the prope,rty I ars living at. It has been mine months since. it has been- less than twelve inches - deep- and the use of -oil has been a- def inate ha- zard and this could go on indefinately, 'specially if Mr. Blake- an doesn't want to show- up to these meetings , This is the first time I have actively gotten involved and I am disappointed, because I 'm now in the -area, I haven't signed. papers with Mr . Blakeman, the promises are there but