Here is a photo taken by the editor of this site on Saturday June
29, 2002, of the Boylston police
stopping an encroachment and requiring that the resident's property
be restored to its original
state because appropriate permits had not been obtained.
Walk up the road and you'll see that another resident has chalked
out his property
line because of past encroachments, and yet another has posted a
fence and sign to keep large
trucks and other equipment off his land. The sign was torn down
and damage done to the resident's
property on July 4 -- and there was another police action. On July
10 there was further action, which
feels to us like possible harrassment. Building inspectors
attempted,
improperly, to stop construction
on the property of this resident, and the police were called to
check the registration on one of his
vehicles -- which was registered properly. Further action was taken
by the police on behalf of the
builder when they ordered a resident to remove a parked car from
near the right of way, claiming
that there was insufficient space for an emergency vehicle. Expert
opinion reminded the police
that the existing right of way was significantly wider than the
fire equipment owned by the town, something
with which both the fire and police chiefs later agreed, when they
visited the site.
July 17-18 saw a new turn, as construction workers began to
harrass
residents and others, threatening them
with police action when they got near the site, or in the case of
your editor, making what certainly seemed like threatening
gestures
when we approached the shoreline in our canoe. The situation at Rocky
Pond
is becoming somewhat dangerous, and we worry for the physical safety of
anyone who opposes construction. Our belief is that NEFF needs to apply
pressure to buy back the land or help obtain it through legal means.
What it looks like here is a pattern of rather prejudiced
behavior
by local officials in a town
that has given the builder every variance he requested -- while
turning down every single effort of the
part of the residents to have their street surveyed officially (an
expert professional surveyor has
supported residental claims), in effect telling them to get
expensive
lawyers if they don't want encroachment
on their property.
We have started gathering data on variance rates and what we see so far suggests something is very amiss here. The developer is batting 1000% in a town where it is common to reject variance requests. The residents are batting .000% in a situation where there is a pattern of clear encroachment and expert opinion to support their position. Small town politics? Local land baron getting what he wants?
Here is the letter a resident wrote describing his problem with the developer in June, 2002. Our recent news is that this request was turned down. As of the summer of 2004 we understand there have been various legal steps taken by both sides, and that none of the decisions made in local courts have made development easier -- in fact, they may have slowed it.
Boylston Planning Board
Town Office
221 Main Street
Boylston, MA. 01505
Re: Property lines fronting Boulder Way
Planning Board Members:
Recently I had my property lines surveyed by a professional land
surveyor
for the purpose of
installing a septic system to comply with Title 5 at 18 Boulder Way.
Portions of my
property line along Boulder Way have recently been graded and
covered with gravel and in
some areas it encroaches several feet into my property.
When the Boylston Planning Board approved a subdivision at the end
of
Boulder
Way some of the Boulder Way abutters brought to the attention of the
board
the fact that the existing roadway did not follow the original right
of way
at many points along Boulder Way. At that time those abutters
requested
that the length of Boulder Way be surveyed in order to determine the
encroachment
of the roadway on their property before the required improvements
designated
by the planning board be undertaken. This would have eliminated the
problem
we have.
At this time I do not believe the property lines have been surveyed
by Ken
Sydow. And yet over 100 feet of improvements to the road have been
made in front of
my property and are encroaching on my land.
I am enclosing a few pictures, which will show my property line in
white
lime andthe obvious roadway encroachment. I have also enclosed the
plan I submitted
to the Boylston Board of Health for my septic system. The Right of
Way
is clearly defined. Ken Sydow and his engineering firm Ross Associates
stated at the Planning Board meetings the Right of Way cannot be found.
This is not
true.
It is right there. All they have to do is look for it.
Please bring this matter to the attention of the full planning board for resolution.
Thank you for your help in this matter.
Sincerely,
The developer seems to keep trying to encroach on private
property,
now by calling the police to clear away personal property that might
block
large construction vehicles. Here is an August 23 letter to the
Boylston
Police Department
complaining about this tactic.
Police
Department
August 23, 2002
Town of Boylston
215 Main Street
Boylston, MA. 01505
Attn: Chief Sahagian
As a professional land surveyor duly licensed by the State of
Massachusetts,
I have been hired by some of the residents abutting Boulder Way.
The surveys
which I have completed have determined the property lines along Boulder
Way
for the residents as listed:
Ken Sydow at 7 Boulder Way
John Swinerton at 1 Boulder Way
Jan Hoffses at 11 Boulder Way
Don Hoffses at 18 Boulder Way
In the past weeks there have been calls to the police about a
vehicle
parked
on property owned by Jan Hoffses. The vehicle is on private
property
and Mr.
Sydow or others have asked that it be moved and have contacted your
department. If Ms. Hoffses had a white picket fence or a flower
garden along
her property line would she be asked to move them in order for
construction
vehicles to trespass on her property? I think not.
I would hope that your officers have more important tasks to perform
than for
them to keep visiting Boulder Way answering calls about a private
vehicle
on
private property.
Sincerely,
____________________
Frank D. Defalco, P.E., P.L.S.
