Templeton board agrees to press MassDOT and file appeal over Gardner approval of Compass Lane subdivision

The Town of Templeton Select Board agreed at an emergency meeting to ask MassDOT to review a proposed curb cut and to file an appeal of the Gardner Planning Board's approval of the Compass Lane subdivision if necessary, citing safety concerns where the proposed road meets Route 2A.

The action came after planning board chairman Kirk Muschetti described what he called a safety risk where the subdivision road would intersect Route 2A near the old Ames house, saying, "It's strictly based on safety." Muschetti said he had raised the issue at Gardner Planning Board meetings and felt his concerns had "fallen on deaf ears." The board noted a filing deadline the following day to start an appeal.

Town counsel said the legal path would be difficult and would likely require expert testimony. "We're going to need to hire a traffic expert who can testify," counsel said, and warned that an appeal of a waiverless subdivision plan could face an early motion to dismiss in court. Officials said they nonetheless wanted to try first to persuade MassDOT to relocate the curb cut and to use an appeal as a backup.

Board members and the planning board chair discussed the location of the proposed road on aerial plans, noted an estimated extra 249 feet of available land that could be used to increase stopping distance, and raised concerns about heavy truck traffic and winter conditions at the curve. One participant noted the posted speed in the area as about 40 miles per hour. The group also discussed a legal letter submitted by or on behalf of the applicant that cites prior Massachusetts cases finding MassDOT has exclusive authority over access within its right-of-way.

Members agreed on a two-pronged approach: have the planning board chairman and staff contact MassDOT (Massachusetts Department of Transportation) immediately to learn whether a curb-cut permit has been issued and to request relocation of the curb cut to the eastern side of the property, and file an appeal of the Gardner Planning Board decision before the stated deadline if MassDOT review does not resolve the safety concern. The board emphasized the MassDOT contact as their primary avenue and described the lawsuit as a backup option.

The meeting closed with a standard motion and voice vote to adjourn. No named roll-call votes on the appeal were recorded during the meeting; board members expressed consensus and directed staff and legal counsel to proceed.

Background: The item was placed before the Select Board at the request of the Templeton Planning Board to consider appealing Gardner's approval of a multi-lot subdivision (referred to in meeting materials as "Compass Lane") where some lots cross the town line and a portion of the proposed roadway lies within the state highway right-of-way. Officials noted the subdivision was discussed at prior Gardner planning meetings in October and February and that a legal letter addressing access and jurisdiction had been circulated to the board.