Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Private Way Covenant topic
No spam. Unsubscribe anytime.
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 Corcoran Trask Lane LLC and the Folly Hill trustees, said the state MEPA process concluded in June with an executive office certificate and the applicant was ready to resume the board’s consideration.
Why it matters
The release clears a cloud on title for the developer while leaving the road — called Trask Lane in Danvers — recognized as a private way. That designation means the town is not required to maintain or pay for routine repair and plowing of the road; the decision records that maintenance and repair "shall not be a legal or financial responsibility of the Town of Danvers." Several town meeting members said residents will bear the burden of maintenance and increased traffic from development off-site.
What the board heard and decided
Town staff told the board that a peer review process had been completed: the developer’s traffic consultant and the town’s peer reviewer reached agreement on needed traffic work for the intersections included in the review, and the Executive Office of Energy and Environmental Affairs issued a certificate on June 13, 2025 (EOEA No. 16859) clearing the project to proceed through local permitting.
Councilor DeLuca summarized the review and recommended release to "clear the cloud on title" while acknowledging the parties’ continuing obligations. Attorney Samasco said the applicant had prepared a release document and was ready to sign.
Several town meeting members offered public comment before the board voted. Joanne Viguchi asked whether the developer would remain responsible for road maintenance, including winter plowing; DeLuca and Samasco confirmed the roadway remains private and responsibility stays with abutters and the developer, though the town’s DPW might receive the first call if there were an emergency. Bill Batestown and Bill Bradstreet, both identified in the record as town meeting members, expressed frustration that residents would face increased traffic and limited town recourse because the statutory time limits had passed.
Formal action
The board voted to execute a full release of the covenant as drafted and recorded the planning-board decision at the meeting. The motion passed unanimously. The decision records that the developer has completed MEPA review, will comply with the EOEA certificate dated 06/13/2025, will waive any refund of surety tied to the covenant, and will bear the cost of recording the release.
Next steps
Board staff said the release will be notarized and provided to the applicant for recording. The decision includes conditions and a written release instrument; the applicant is responsible for recording costs and for fulfilling the conditions described in the decision.
Ending
The action relieves the applicant of an enforceable covenant recorded in 1972 while preserving the private-way status of Trask Lane and placing ongoing maintenance obligations with residents and the developer rather than the town. The board’s decision also notes peer-review and MEPA steps undertaken to document and mitigate traffic and roadway concerns prior to the release.
