Hearing on road discontinuance delayed

May 19, 2015

A public hearing calling for the discontinuance of part of Leonard Avenue ended with many questions and a request for more time to find answers.

During Monday night’s Select Board meetingJohn Janiak, an attorney representing Eye Health Vision Centers, called for the discontinuance of a 140-foot section of the road.

Leonard Avenue is a small street that gives patients access to multiple parking lots belonging to Eye Health Vision Centers on 51 State Road. The section in question is toward the middle of the street, resting between two parking lots owned by the business.

This segment would be removed from town ownership and become private, giving the business the option to move the boundary line between the two parking lots in the future. This discontinuance may ultimately be used to add more parking spaces within the existing space.

“There’s no reconfiguration of the street — it’s moving a line on paper,” said Janiak.

Last week, the Planning Board voted on the discontinuance and passed the measure with the condition that the town counsel review it. There were no problems identified.

However, during the Select Board meeting on May 4, Eugene Benbenek, a resident of Leonard Avenue, expressed concern over who was legally responsible for the street.

After sorting through old files, the Board uncovered a variance hearing document from 1985 with a condition stating that clients of the private facilities should use the road for emergency access by emergency vehicles only.

Janiak said there are likely variances or special permits added since that time granting legal access to the parking lots.

The hearing ended with a motion to gather more information from the Zoning Board of Appeals regarding the history of the road. The hearing will continue at the June 1 meeting.