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Seekonk board reviews 14 long-dormant subdivisions and legal options including possible eminent domain

Select Board · June 6, 2024
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Summary

Planning staff told the Select Board about 14 inactive subdivisions with absent or inactive developers, explained limits under subdivision control law, and discussed options—homeowner association paths, covenant releases, tax-title actions and potential eminent domain—while cautioning about costs and limits to town authority.

Planning staff presented a packet summarizing 14 subdivisions that have been inactive for years and described three categories: developments with recent activity, those with limited developer engagement, and those where the developer is absent and residents or HOAs are left to manage infrastructure needs.

Mr. Ain, the project engineer who assembled the materials for the Planning Board and Select Board, outlined constraints under the subdivision control law and other statutes. He said the town’s options are limited: residents can petition for acceptance of streets, homeowners’ associations can take responsibility where they exist, tax-title remedies may improve the town’s interest in some parcels, and in rare cases the town could pursue eminent domain or other legal steps — but those options carry significant cost and procedural complexity.

Board members raised specific concerns about roads that may degrade without action, citing Chelsea Drive/Greenwood Farms as examples where long-term maintenance and drainage are open questions. Staff noted some developments have homeowners associations created after 2009 and others predate that requirement, which affects maintenance responsibilities. In some instances, a developer went bankrupt and a covenant lot later sold at auction transferred development obligations to a subsequent owner.

The board voted earlier in the meeting to forward a separate street-acceptance application to the Planning Board and later approved entering executive session to discuss legal strategy and negotiation positions related to several of the subdivisions and possible real-property transactions.

Staff and board members said next steps will include further review of the memorandum, outreach to impacted residents, coordination with town counsel on tax‑title or condemnation options if pursued, and continued engagement with the Planning Board.