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Planning Board recommends against sale of town land to Brackett family, cites unresolved access and legal questions
Summary
Tom Brackett asked to buy or use town land to access a landlocked parcel; the Planning Board unanimously recommended against a sale pending easement agreements with abutters and a Town‑Attorney opinion on rights and deed provisions.
The Greenland Planning Board unanimously recommended that the Board of Selectmen not proceed with the sale of a small town‑owned parcel to Tom and Alison Brackett, citing unresolved access rights and legal uncertainty.
Tom Brackett told the Board his approximately 16‑acre parcel is effectively landlocked and that he sought either a sale or permission to use a town parcel for access so he could reach the land with a pickup truck to cut brush and plant trees. “Nobody has spoken to me civilly,” Brackett said when asked whether abutters had cooperated.
The Board examined deed language and prior easements. Heather Droesch, the Selectmen’s representative on the Planning Board, explained that a perpetual right‑of‑way exists for the benefit of lots 52, 53 and 54 and that the Town controls a piece of land extending from the end of that right‑of‑way. Planning consultant Mark Fougere told the Board, “The Town does not have any rights to that strip of land but has the right to approve a road on that strip,” adding that title is held by the abutters (Mr. Pearl) and that making the way a public road would require construction to Town standards.
Board members advised the Brackett family to seek easement agreements from the abutters and requested a written opinion from the Town Attorney regarding the 2021 Shearer v. Raymond case and how it applies to the circumstances. The Planning Board unanimously agreed to forward an opinion to the Selectmen recommending against the sale at this time, citing unresolved access issues.
What happens next: the Bracketts can pursue easement agreements with abutters and consult with the Town Attorney about legal options; the Board asked staff to obtain an attorney opinion and to clarify the Conservation Commission’s earlier letter regarding easement use and conditions.
Sources and context: Discussion and recommendation recorded at the Planning Board work session on April 16, 2026.
