Friday, August 4, 2006
Litigation ending for Koning Farm Road
Pending approval of Planning Board action by the Commonwealth of Massachusetts Land Court, the litigation regarding Maplewood subdivision (Koning Farm Road at Acton Street) has been concluded. The definitive plan for the five-house-lot subdivision is dated June 15, 1998, revised October 2, 1998. (An earlier plan had been considered in the 1980s.) The ownership of a narrow wedge of land at the northeast boundary, less than 985 square feet (0.0226 acres), was in contention. It is an important bit of land because it involved the right-of-way for Koning Farm Road. The vertex of the wedge is on the northeast side of Koning Farm Road where it intersects Acton Street. The wedge at its widest is approximately 300 feet down Koning Farm Road near the fire cistern. To accommodate the court decision, the Planning Board at their July 24 meeting accepted a revised right-of-way that is somewhat off-center from the subdivision road.
On April 19 the court ruled in favor of the plaintiffs, Janet Sacks and Martin Schafer, and issued an Order of Remand on June 8. The defendants include Planning Board members and Robert and Mary Lou Koning. At the July 24 Planning Board meeting Bill McNary of Stamsky and McNary, representing the applicant Robert Koning, presented plot plans that revised the boundaries and described the proposed resolution of the issue. A wedge of approximately 0.0226 acres is added to the right-of-way at the southwest side of Koning Farm by being transferred from the house lot at 361 Acton Street (owned by other Koning family members) and from a non-buildable 1.3 acre lot at the inside curve of Koning Farm Road. Further, McNary requested a waiver from one of the Board's Rules and Regulations for subdivisions. The Rules and Regs states, "The centerline of all constructed roadways shall coincide with the centerline of the street rights-of-way.".The waiver would allow the traveled way to be offset from the center of the right-of-way of Koning Farm Road. Thus the road would not have to be relocated within the defined right-of-way. At its widest the offset is five to seven feet.
Chair David Freedman stated that the court directed the Board to limit scope of its discussion to "any and all waivers" involved in implementing the court's decision. As part of its decision to grant the waiver request, the Board had a list of "findings" thereby giving its rationale for granting the waiver: (1) It [Koning Farm Road] has been a built way in use for approximately six years with no problems. (2) Abutters have no objection to the waiver. (3) Granting the waiver does not disrupt the roadway or the graded area. (4) Granting the waiver does not disrupt access for the subdivision residents. (5) All grading for the roadway is contained within the revised right-of-way.
© 2006 The