POLAND — Selectmen on Tuesday voted not to place acceptance of Wedgewood Circle as a town road on the April 4 annual town meeting warrant.
A citizens’ petition requested the article be included.
The board’s action was immediately challenged by residents of the Wedgewood Estates subdivision.
Christine Gurnari, president of the Wedgewood Estates Homeowners’ Association, said that when the subdivision was initially approved by the Planning Board, planners were well aware that the ultimate intent was for the road to become a town road, even as it gave the developer certain waivers in the specifications for building Wedgewood Circle. As a result, the road was not constructed to town standards, particularly the cul-de-sac has too tight a turning radius.
Gurnari asked whether planners had the authority to grant that sort of waiver.
Code Enforcement Officer Nick Adams said they do.
Gurnari asked how it was that if the Planning Board could legally do so, the Board of Selectmen could refuse to honor the petition to allow townspeople to vote on accepting the road.
Town Manager Bradley Plante said the board received a legal opinion that the town must have an engineer’s certification that a road meets or exceeds the town’s road design and construction requirements before it can put the issue before voters for acceptance.
“What trumps in this, the Planning Board or a legal opinion?” Gurnari asked.
“That’s the legal opinion of the town’s attorney. If you disagree, you have the right to appeal,” Plante said.
Chris Varney, who was among the 136 legal signers of the petition, said it appeared the town was going back on its word.
“If you are worried about setting a precedent, the precedent you are setting is that you go back on your word,” Varney said.
In other business, Plante told selectmen that two consultants to help the town manage its tax increment financing districts will receive a second interview Feb. 26, with the board expected to make a selection at its March 3 meeting.
He also noted that responses to the requests for proposals to provide the town with assessing services are due March 13.
Selectmen agreed to place an article by the Conservation Commission asking to establish a reserve fund for purchasing land for conservation on the April 4 warrant.
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