Road discontinuance withdrawn from Town Meeting

Jun 3, 2015

A request for the discontinuance of a 140-foot portion of Leonard Avenue has been withdrawn, giving officials more time to sort through the matter.

Select Board members had previously heard from the petitioners calling for the discontinuance during their May 18 meeting, where the members agreed that more information was required before weighing in.

On June 1, the issue returned during a joint session with the Planning Board. After reviewing the matter, Select Board members voted to not recommend the discontinuance at Town Meeting, which took place Tuesday.

While the Select Board couldn’t remove the article from the warrant, the Department of Public Works, the group that put forth the article, chose to do just that on June 2.

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.

A discontinuance, which would transition ownership of that portion of Leonard Avenue from the town to the business owners, would give the owners the ability to rearrange their parking lot and add approximately 20 spots.

John Janiak, the attorney representing the owners of the eye center and Dartmouth Place, felt it “was time to move forward” with the issue, adding that the discontinuance amounts to the moving of a boundary line.

However, the Planning Board members remained skeptic that the petitioners were approaching the matter in the right order. They thought the petitioners would need to present the proposal before the Planning Board and Zoning Board of Appeals before further action could be taken.

“There seems to be a lot of questions in play here. The bottom line: it changes nothing for the applicant. If they still have to go to the Board of Appeals, then why is the town discontinuing a public street?” said John Sousa of the Planning Board.

Assistant Town Counsel Brian Cruise said even that step might be far off.

“Whether or not you want them to go through the Planning Board, possibly the Zoning Board of Appeals, to try to get this parking plan done — that’s down the line as far as I’m concerned,” said Cruise, adding that an independent law firm should do a title search on the property first.

Select Board member Stanley Mickelson echoed that sentiment.

“Let’s be sure we know who owns what, and when they owned it,” said Mickelson. “I’m not anxious to give away even two feet never mind 150 feet. If it’s wrong, then we’ll have an issue somewhere down the line.”