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Select Board approves order of taking to accept Gillian Drive as public way after declining abutters’ waiver of damages

February 11, 2025 | Town of Lakeville, Plymouth County, Massachusetts


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Select Board approves order of taking to accept Gillian Drive as public way after declining abutters’ waiver of damages
The Select Board approved an order of taking and signed the mylar plan to accept Gillian Drive (also referred to in the packet as Jillian Drive) as a public way. The action completes the final step required for the town to acquire permanent public‑way and drainage easements tied to the subdivision.

Before the order of taking vote, the board considered whether to require abutters to sign waivers of damages. Town Counsel provided a confidential memorandum to the Select Board concluding that most towns do not require waivers; Counsel noted the benefit to property owners of having the town assume maintenance and liability often outweighs the detriment to abutters. After discussion, the board voted not to require waivers of damages and then approved the order of taking to acquire permanent easements, specifying that no damages would be awarded. The board instructed staff to record the Mylar plan by the statutory deadline set by town counsel.

The motion approving the order of taking referenced Article Thirteenth of the November 12, 2024 Special Town Meeting, which authorized the taking. The board signaled its preference to complete recording steps by March 12 to meet filing deadlines.

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