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Planning Board accepts amendment to record well easement at Canterbury Manor

5074841 · June 3, 2025
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Summary

The Wells Planning Board received and approved a certificate-of-amendment application to record an easement allowing a neighboring lot to retain an existing well that lies on the boundary. The board found a public hearing and new sidewalk were not required and voted unanimously to accept and approve the amendment.

The Wells Planning Board on Monday received and then approved an amendment to the Canterbury Manor subdivision to record an easement that permits a neighbor to retain an existing water well that lies across a lot line.

Michael Waller, a Canterbury resident who said he owns Lot 158, told the board his engineer discovered a well that belongs to the abutting Lot 161 “inadvertently put over the property line on my side by, I think it's 16 feet.” He said the easement was prepared so the neighbor would not need to install a new well.

The board first voted to receive the application; the motion passed unanimously. The applicant and staff discussed whether a new public hearing or a sidewalk requirement was necessary. The board voted unanimously that a sidewalk was not required and that no public hearing was necessary. After clarifying the amended instrument, the board moved to approve the certificate-of-amendment to be recorded to reflect the easement; that motion passed unanimously.

Board members and staff said the certificate of amendment was the preferred recordable method rather than a full replat because it places the easement on the registry of deeds without subdividing or transferring land. Staff noted a corrected reference in the packet changing the benefitted lot to Lot 61 (not Lot 59 as originally printed). Michael Waller said the easement exhibit (prepared by ATAR) shows the well approximately 13 feet from one side and 16 feet from the other.

The board’s actions leave the legal description updated in the town’s file and authorize staff to sign the corrected amendment for recording. No dissenting votes were recorded.