Thank you. Interesting
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Did anyone ever locate that supposed 8-24 for the three houses? As far as I can tell, the only purchase that has gone through is the one for #49 Wesley Drive, the egregious one with the pool. The two properties on either side, as far as I recall, have minor encroachments of lawn only a short ways into the open space (no fence/playset/pool) and those encroachments originated by the developer (the property owners did not clear the land, just mowed the grass planted by the developer). It could be that they have no burning desire to buy that land. I never made an issue of those two properties, just mentioned them as part of the same over-clearing by the developer during construction. For any negative 8-24 report by P&Z, the Board of Alderman needs a two-thirds vote to sell town land.
#49 Wesley with the pool (Miressi) has been a combination of extreme over-clearing by the developer and aggressive use of that cleared land by the homeowner, far into the open space (the chain link fence is about 70 feet into the open space, and now I guess they own it). That’s the encroachment I found out about because they dragged their Christmas tree and dumped it right next to the Rec Path. I just followed the drag marks through the snow back up to their house. They swore to ZBA that they were hiring a surveyor and would be absolutely sure to not put their pool in the open space, and then did just that. Interesting that one of the P&Z commissioners said they would make them take out the pool. That might be a bit extreme, but the City could have sold them five feet of open space (rather than 70) for triple the value, and then required them to install a fence along the new open space boundary and plant trees in the remaining open space where their lawn was. That way they would get their pool, the City would get out of the liability for having the pool and playset on city land, and we would not be encouraging other property owners to claim the open space for their yards.
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Here is a timestamp link to the point of entry when planting and zoning is discussing the sale of open space behind the lot on Wesley drive. It is worth everyone's viewing to observe their deliberation.