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| Updated: 10/13/05 | ||
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Allenstown JillErik Road deed caught in red tape
By Joseph Edgerton JillErik Road has once again found its way to the center of attention in Allenstown, as planning board members and PAL Builders try to work out the details of the deed transfer. The road became a point of contention last July when a developer owning three lots that encompass the road chained it off and blocked it with a large sign saying the road was for sale. The move was bold enough to get residents, PAL Custom Homes and town officials talking, and it was agreed that the developer would split the land into two lots and the road would become the property of Allenstown. The fate of the controversial road was revisited at the latest planning board meeting, as developers met with the town to extend the deadline of the deed transfer. Allenstown Planning Board Chairman James Rodger said the situation between the developers and the town is at a stand still. "Everything is exactly the same since the last meeting," he said. "The developers want a 120-day extension to do the deed work." At the last planning board meeting, PAL representatives announced their intention to build on two of the three buildable lots, leaving the lot that contains JillErik Road undeveloped. The planning board agreed to grant a lot-line adjustment to PAL, allowing them to do so, but there has been a catch. "We agreed to grant them the lot-line adjustment based on a number of conditions, and one major condition hasn't been met," said Rodger. "They need to provide the deed to the lots as well as additional information concerning the lots, and they haven't." The road is being kept open by a December 1989 driveway permit, and if it is not a duly maintained town road connected to Riverside Drive, the New Hampshire State Department of Transportation has the right to revoke the permit and physically close off the road at its junction with Route 28. At the July 20 meeting, planning board member Tom Gilligan laid down three conditions for approval of the lot-line adjustment. “First, the right of way abutting lot 30 (should) be permanently and irrevocably deeded to the town,” he said. “Second, the planning board receives the deeds in 30 calendar days. Third, the deeds are reviewed and approved by a town council 15 days after they are received.” As none of these conditions have been met, the request for a lot-line adjustment cannot be processed. The other obstacle to development is a subdivision subject to the same three stipulations of the lot-line adjustment request. Since the builders have no intention of building on lot 31, they requested that lots 29 and 30 be changed to .297 and .299 acres, respectively. According to Mark Wilson of Burd Engineering, the subdivision would leave the road intact with a 50-foot right of way around it. The lots are currently for sale, and the subdivision has yet to be recognized by the state. In the past, the developers, residents and town officials have all blamed the situation on shoddy recordkeeping. Dan Lapointe and Richard Paris of PAL Custom Home Builders, L.L.C., were unavailable for comment. The planning board will meet Wednesday, Oct. 19, at 7 p.m., to decide whether to grant the developers additional time. The decision could move the process forward or force all involved to start from ground zero. “If the extension is not granted, the subdivision would be null and void,” said Rodger. “They would have to begin the process all over again.”
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