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Danvers Planning Board releases Trask Lane covenant after MEPA clearance
Summary
The Danvers Planning Board voted unanimously July 22 to release a 1972 land-use covenant affecting Trask Lane after the state MEPA review concluded and consultants reached agreement on required traffic work. The board recorded conditions that leave Trask Lane a private way and place maintenance responsibility with abutters and the developer.
The Danvers Planning Board voted unanimously on July 22 to approve a full release of a land-use covenant recorded in 1972 that is associated with Trask Lane and the Folly Hill subdivision.
The release clears a recorded covenant (recorded with the Essex South Registry of Deeds, book 5903, page 166; Land Court document 143,317) that had secured construction and maintenance obligations related to the original subdivision access. The board’s recorded decision says the covenant is of no further force and effect except for a set of conditions the developer agreed to as part of the release.
Town and applicant lawyers said the statutory background and recent state review made the release appropriate. Councilor David DeLuca, appearing for the applicant, told the board that "statutorily, it is exhausted. There's no enforceability of a land use covenant beyond 30 years," and that the town and applicant nevertheless followed a review process to protect public interests. Attorney Miranda Samasco, representing…
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