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Board conditionally approves easement over Sandy Hollow Park as owner relinquishes older right‑of‑way
Summary
Attorney Jonathan Peck asked the board to grant an easement over a shaded portion of Sandy Hollow Park to regularize a longtime driveway use; in exchange the property owner will relinquish a recorded right‑of‑way across town open space. Selectmen approved the concept subject to a survey and legal review.
Attorney Jonathan Peck and town planning staff described a proposal to grant a small easement over a shaded portion of Sandy Hollow Park so a property owner who had historically driven across town open space could instead use the parcel adjacent to the cul‑de‑sac. Peck said his client will relinquish an older recorded right‑of‑way that previously allowed vehicular access across the park to Minor Avenue, and that granting a formal easement over the currently used shaded area would eliminate an active right to drive across public parkland.
Why it matters: The proposal resolves a land‑use and risk management problem: the existing recorded right to cross town park land could permit vehicle traffic between private properties and intrude on a public open space and adjacent neighbors. Town planning and legal staff recommended approving the concept conditional on a survey and a meets‑and‑bounds description to be prepared at the applicant’s expense and reviewed by the town attorney and planning director.
Board members asked for clarification on the shaded parcels and confirmed the relief benefits both the property owner and the town by removing the risk of vehicle traffic across open space. Selectmen approved the conditional authorization and instructed staff to return with the survey and precise legal description.
Outcome: Conditional authorization given; staff to receive and review the survey within 30–45 days and report back to the board before any final conveyance or easement is recorded.
Quote
"It's in the town's interest to shed the right of [the property owner] to traverse a town park," the planning representative said, recommending the town accept an easement over the area currently used as a driveway in exchange for the relinquished ROW.
Background: The property predated the subdivision and used a historic access path; because prescriptive easements cannot be acquired against the town, the cleanest solution is a negotiated grant of a narrower easement for the present driveway use while eliminating the broader recorded vehicular right across the park.
