Complications for Buckfield subdivision proposal

BUCKFIELD – At a recent meeting of the Buckfield Planning Board, a conceptual plan for a proposed subdivision on North Whitman School Road was presented by Parker River, LLC.  While board members agreed that the plan was a good one, they were forced to advise the developers that the plan could not proceed, at least in it’s current form, at this time.

Laurence P. Minott, Jr., registered agent for Parker River, presented conceptual drawings for a plan to develop approximately 133 acres off of North Whitman School Road.

“It’s a wonderful plan,” said Planning Board Chairman Judy Berg, to the unanimous agreement of board members.

Unfortunately, board members were forced to point out that any roads, or curb cuts, into the property could not be allowed.  As a portion of the original property had previously been subdivided, the entirety of that mother lot would need to be considered under state subdivision law (Title 30-A, Section 4401.) for a period of five years.

The history of the property, and its development, is fairly convoluted.

Martha Blackburn, a partner in Ty-Han Associates, originally approached the planning board in September 2003 with a plan to purchase 140 acres, of a 400-acre lot at the corner of Whitman School Road and Paris Hill Road, from Harold and Winfred Jones.

The plan presented originally called for 8.5 acres to be developed into five housing lots.  As Buckfield, at that time, had different requirements for what it termed minor and major subdivisions – a stipulation since removed in recent updates to the town’s subdivision regulations – Blackburn revised the plan to include only four lots on 6.8 acres.

That development included two driveways, each serving two homes.  According to planning board members, this would use of the available number of curb cuts to the entire property for a period of five years.

“We, a long time ago, felt that people are entitled to subdivide their land,” said Berg.  “We just want to see that they have good subdivisions. 

Berg stated that Buckfield’s subdivision regulations are specifically written to encourage the creation of neighborhoods.  The town, she said, does not want to simply have road frontage subdivided, with a myriad of curb cuts on existing highways.

According to board minutes, Blackburn declined at the time of the original 6.8-acre development to detail any plans for the remaining 133 acres.  However, she did intimate that she had no further plans for five years.  In November 2003, Blackburn reportedly told the board that she had only purchased the 6.8 acres for development from the Jones’.

Board members were reportedly surprised to learn at their November meeting that Ty-Han Associates had apparently sold the four developed lots to Community Concepts.  The remaining acreage was sold to Parker River.

Blackburn’s husband, Thomas N. Blackburn, is the president and treasurer of Parker River. 

Representatives from Parker River seemed as surprised to that they would be denied further curb cuts, as board members were to find them involved at all.

“We were not told at that time that any other entity had purchased the land, and assumed it was still held by the Joneses,” said board member Margot Siekman.  “I only learned at this last meeting that Parker River has been holding it for the past year.”

“The point is, you were forewarned,” said Berg on questioning.  “There are several times were we discussed this.”

“It does not matter, according to State law, who does the subdivision of the mother lot,” said Siekman.  “When you [Parker River] bought that mother lot from the Jones’, you had already given up your rights [to further subdivide or add additional curb cuts.]

“When we questioned you about further subdivision, you stated that you had no plans for five years.  And you stated that twice,” said Siekman, addressing Martha Blackburn.

“We did encourage you to think about it very carefully,” said Berg, before quoting from previous board minutes: “Several board members encouraged her [Blackburn] to work with the board to develop an integrated plan for the entire lot.  Wes Ackley states that she might be hampering herself by not doing so since future access to the property could be limited if it is not planned in advance.”

The board did state that it wanted to work with Parker River to achieve an equitable solution.  Town Manager Glen Holmes, in particular, questioned various ways in which the firm might be able to reach its goals.

It was eventually decided that, if Parker River would obtain an easement from Community Concepts, turning one of the existing two driveways into an actual road leading to the future development site, this would allow development to continue without creating a new curb cut on the main roadway.

“That would be a wonderful solution for everyone, if that could be arranged,” said Siekman.