Hi.. welcome to the forum!

Yeah, we knew people would be bothered by this, but the fact is that when the developer built the properties off of Robbins, he set it up as a private road at the time. The people who bought the houses were informed that they were responsible for the street (and because they agreed to do the plowing, street repairs at the time, the houses sold for a lower cost).

Now, as years went by, the town finds that the people who own the property did not take care of the road, making it dangerous for fire and police vehicles to get through.. so the town must now take over the road and charge the property owners to bring the road up to par.

At least from now on, the town will maintain the road.

A Robbins Ave Resident said: ……..“Nowhere in my Deed does it say anything about being responsible for the repairs or upkeep of this road”

It is not in the deed…………The document that would detail your (and the condo assn) responsibilities as to care and maintenance is a combination of the documents establishing the condo often referred to as the “Master Deed” or “Deed of Trust” depending on the locale and the Condo Regs or just generically, the “Condo Dox”. In addition, a properly established condominium association would have written Condo Assn Rules and Rights………which could modify or add to the residents responsibilities over time within the constraints of the original condo declarations ……….. By ignoring the responsibility of caring for the road, the association and the owners became subject to town action simply because emergency services to the residents was curtailed by lack of access ……………….only because the owners failed to live up to the requirements of the assn ………

And also said: ………..”Seems to me that someone perpetrated deception somewhere”

The contractor or developer who sold the units and did not emphasize the responsibilities is certainly partly the problem but the real problem is the inattention of prospective owner(s) who do not read the documents or do not understand what they are buying when they buy a condominium unit.

I stopped in to talk to Town Manager Dennis Piendak this afternoon, and filled him in on this thread.

I asked who the resident could contact for more information.

He recommended the Town Finance Director/Treasurer Anne Vandall at 978-454-8262

He did summarize the many, many times that residents of this neighborhood were invited to meetings to discuss the issue (and lack of response in most cases); and that 21 residents did attend the Town Meeting in 2006 that approved this process.

Why did the Town of Dracut approve a road in the first place that was not up to code when the rental units on Robbins Avenue were first turned into condominiums? I thought the town had to approve all plans including the roads that go into a complex. Why was Robbins Avenue approved initial UNDER CODE. Why do we have to pay to bring it up to code? THE TOWN DROPPED THE BALL HERE.

A resident said:

Why did the Town of Dracut approve a road in the first place that was not up to code when the rental units on Robbins Avenue were first turned into condominiums? I thought the town had to approve all plans including the roads that go into a complex. Why was Robbins Avenue approved initial UNDER CODE. Why do we have to pay to bring it up to code? THE TOWN DROPPED THE BALL HERE.

I understand your frustration. The situation sucks.

But the fact is that the town did not accept this road as a town road when it was originally built. I'm not sure why the plans were approved, I'm not sure who the building inspector was at the time. But the fact is, the town does not own my driveway, just the same as it does not own a number of other roads within developments around town. We're responsible for our own.

It was not until the safety of people in the area became an issue (with fire and police vehicles not able to pass), and the associations in the area not willing to take responsibility for their property to fix the situation that the town had to step in.

People were invited to a number of public meetings to discuss this, and very few showed up. The residents of the area who participated in town meeting all voted to have the town repair the property, charge the owners and then take responsibility for the road.

In the end this is cheaper for the residents, as they do not have to pay for keeping the roads maintained into the future… they just have this one payment they have to make (which they can pay back over 20 years if they so choose.. making the payment minimal).

Face it, if you had a septic system fail these days, it could cost up to $30,000.00, $5400.00 is not nothing, but in the long run it improves the value of the properties, and reduces maintenance on your cars, etc.

Occording to the “Bill” we received its 10 years, twice yearly, at the 3rd and 4th quarter, and after august 4th we are also charge 5% on the remander, (no sure if yearly or quarterly it is not stated)

Again the “TOWN” is under the assumption that everyone on this road was aware that we were respondsible for repairs to the road. . . . well where is it in writting on who's deeds, in what trust document. . .???

Why did the Town not follow up with the developers when these buildings were sold as townhouses and condos, to make sure it was in the Master Deeds, or to at least make sure road was up to code.

Yes it is a fine road and they did an awesome job, (Granite curbing, a little overkill there) and yes it was needed. . . that is not the complaint.

The CPA on this is not yet in the Rep Collen Garry's hands, not gone thought the house and not been sign . . so some resident are VERY Confused. . .

Where does one turn to FIGHT this? are there any Advocacy Groups for local taxpayers? Do we Need to hire a lawyer? File an Appeal?

Yes, my Master deed mentions the roof, foundation, parking lot (our building has just hired a contractor to replace shingles, we have each just paid out $1400 to repair this, we are very aware of what is in the deed as far as what we are responsible for. but again no mention of road or road repairs. show me something that says we were responsible for it.

Yes, The Community Preservation act, and the Home Rule Petition is what the town is using to levy the assessment.

I have spoken to Rep. Colleen Garry and she was at the meeting and has to submit this petition to the house and pass it on to the Governor for signing.

Depending on the amount of residents who participate a lawyer may be as little as $100. a piece. to start a Class action Lawsuit.

or to fight the means of funding.

I agree had I known anything about this before buying or even since, one of the residents has only been here 2 months she has never even seen the “Private Road” since her purchase came after the town took over and repaired, yet she has gotten the Bill also.

(Quote From the Lowell Sun)

“Selectmen unanimously approved the assessment, as well as a motion authorizing state Rep. Colleen Garry, D-Dracut, to file a home-rule petition with the Legislature supporting the levy and declaring those streets public ways.

That means the town now has the authority to take land or impose easements if necessary and that the benefits offset any damages incurred.”

Seems the CPA can be used in many ways to obtain money for projects. . . . .

Robbins Ave Resident said:

(Quote From the Lowell Sun)

“Selectmen unanimously approved the assessment, as well as a motion authorizing state Rep. Colleen Garry, D-Dracut, to file a home-rule petition with the Legislature supporting the levy and declaring those streets public ways.

That means the town now has the authority to take land or impose easements if necessary and that the benefits offset any damages incurred.”

Seems the CPA can be used in many ways to obtain money for projects. . . . .

The home rule petition is completely separate from the CPA act. The declaration converting private streets to public ways always has to go through the state.

The CPA fund is not available to fund this project.

See: http://www.communitypreservation.org/index.cfm

if the “The declaration converting private streets to public ways always has to go through the state.”

and so far it has NOT gone through, how can the town bill us already?

I realize this may only be a formality. . . . .

but again to many things do not ad up.