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Property owner protests Franklin Street landscaping; council debates cancelling bid pending title review
Summary
A Franklin Street property owner told council she maintained a right-of-way for six years and says the town recently asserted ownership; council discussed Main Street project records, right-of-way status, and a motion to cancel a landscaping bid pending legal review and resolution of ownership questions.
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During other business, a long exchange addressed a contested landscaping project on Franklin Street after a property owner (speaker 2) said town contractors removed or restricted her plantings without prior notice. The owner told the council she had maintained the right‑of‑way for six years and produced an easement her father granted in 2010; she said she had not been shown documentation that the strip was town property and said she was treated poorly in the process.
"I've owned this property for 6 years, and the right of way in front of it has been maintained by me for 6 years… I was promised written documentation that that was different than anything else," the resident said. Council members and staff described the area as part of the Main Street project and said engineering plans placed the improvements in the town right‑of‑way. The town’s surveyor and engineers relayed that if the town makes improvements in its right‑of‑way it is the town’s responsibility to maintain those plantings.
Council member (speaker 9) proposed canceling the landscaping bid for the contested parcel, with the caveat that if discovery showed the town did in fact own the flower bed the town could rebid and proceed. Several council members urged additional legal research before taking final action; the town attorney (speaker 13) volunteered to review records and send a memo to council summarizing findings and recommendations.
Council discussed precedent concerns—members worried that canceling or proceeding without consistent policy could create case‑by‑case expectations for property owners and the town. Several members urged staff to gather Main Street project documentation, any deeds or easements, and to return with a memo at the February meeting to clarify ownership and recommended next steps. The council agreed by consensus to postpone a final vote until staff and attorney research are complete.
