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NA may sue over project




NORTH ATTLEBORO - The town is considering legal action to resolve problems plaguing the Hickory Woods subdivision.

Selectmen met behind closed doors Wednesday with a myriad of town boards, citing potential litigation as the reason to go into executive or private session.

Asked by a reporter to clarify the reason for the executive session, selectmen Chairman William Moffitt pointed to a report on the beleaguered subdivision that indicates the town might want to consider legal action in the case.

"It is recommended the town meet with town counsel regarding the efforts which can and should be implemented to protect the interests of the town," the report, produced by Mill River Consulting says. "In addition, it might be determined by legal counsel that the town has some other means of recourse or other actions which it can or should take to resolve the issues which exist with this project."

It is not clear whether the town would take legal action against the developer, builder, engineers or other parties involved in the project. Mill River Consulting was hired by the board of health earlier this year to detail the problems in the 45-home subdivision.

Residents there have long been asking for completed roads, sidewalks and street lights, but work has stalled because of flooding that undermined the original road.

Mill River's report detailed a variety of problems inside the subdivision, from septic systems designed for a three-bedroom home, but installed for four-bedroom homes, to other homes built 30 feet from locations listed on preliminary plans.

The consultants recommended that town boards work together more closely to resolve the issues in the neighborhood.

 


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pdd wrote on Apr 26, 2007 7:21 PM:

" Towns and cities can't admitt fault, they would then open thmselves up to a suit. Condos built 5 years ago continue to flood a neighborhood. A retention pond designed to empty in 15 mins. takes months to empty. City reponse... "We didn't say 15 consecutive mins." Those poor home owners are on their own I'm afraid to say. "

taxpayer wrote on Apr 26, 2007 5:40 PM:

" Maybe all of you nay sayers should learn the process of proposing and constructing a development before you flap off about something you obviously don't understand! The town has their dirty hands all over this!!! "

Not B wrote on Apr 26, 2007 4:16 PM:

" B- too bad. Did you have an independent home inspector check the place? "

Ugh! wrote on Apr 26, 2007 3:43 PM:

" These developers come into town, cut down the woods, fill ponds and now we have to feel sorry for their victims who bought the lousy houses? NO!!! Let the builder sell his vacation house and Lincoln pickup truck to make good on these houses. "

Townie wrote on Apr 26, 2007 3:37 PM:

" To B -- actually because of the fact you are on an unaccepted street your evaluation is slightly lower than if you were on an accepted street. Contact the assessors office for clarification. If not, apply for an abatement. I agree the town should take responsibilty for the buiding inspectors approving your property with obvious problems. The town needs to fire this person and perhaps criminally charge those involved. However if the town sues it should only be for damages to the town. The individual homeowners have to go after the builder and perhaps the home inspector who did not notice the problems. The town is not the lawyer for Hickory Woods. "

B wrote on Apr 26, 2007 1:30 PM:

" As a resident of this neighborhood I take exception to you people who think the town has no responsibility to the home owners. What about our taxes?? Guess what? We're paying the same tax rate as you without the benefit of decent streets, sidewalks and lights. And now we're finding out years later that there may be issues with the septic systems. Since the septic systems are underground it's not an easy task to inspect them 3 or 4 years later. We purchased our homes with the expectation that they conform to state codes PRIOR to installation. The TOWN was supposed to make sure of that by signing off on the inspections/permits. I agree that the town needs to go after the individuals that they employed to do these jobs, but they most certainly have a responsibility to the homeowners to make things right if their employees fell short of their responsibilites. "

Goody wrote on Apr 26, 2007 1:00 PM:

" More fees for the lawyers. The loser? The tax payers of North Attle "

Consultant? wrote on Apr 26, 2007 10:41 AM:

" A consultant is someone who borrows your watch to tell you the time. We know there is a problem. Where were the building inspectors? Whose names are on the occupancy permits? Don't spend my property tax money on a few homeowners who were duped by a builder. Instead use my income tax money and get the AG involved. "

anon wrote on Apr 26, 2007 10:17 AM:

" The town has no business getting involved in this matter! Stop wasting your time and my tax money! ((To the reporter - "with a myriad of town boards" is incorrect. Myriad means many; the correct use is "with myriad town boards".)) "

Why wrote on Apr 26, 2007 9:30 AM:

" The town's responsibility is not to the owners of the homes. The town must deal with the people who were derilect in their duty. Perhaps criminal charges against the inspectors who signed off on the permits. It is then up to the owners to sue the builder for the undersized septic systems and roads that are not complete. Please don't waste my tax dollars on a project that should never have been approved. "


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