SOUTHWICK – The Southwick Planning Board continued a hearing last night for a common driveway special permit for 54 and 56 Hillside Road.
Jon Goddard of R. Levesque Associates said with the approval of the new common driveway bylaw, a new opportunity opened up for the properties, once part of the Geraldine Fisher estate. This was the first common driveway request since the bylaw was approved.
Board Chairperson Roz Terry noted that both homes have road frontage.
“So there will be easements,” she said.
Owners of property at 58 Hillside Road attended the hearing and expressed concerns about an easement to 56 Hillside they said came with their property.
The homeowners said they were told of the easement from their real estate agent and the Department of Public Works said there was one as well.
“It doesn’t matter what the DPW says, it’s what’s on the Registry of Deeds,” said Terry.
The owner of 54 Hillside said he has not been able to find an easement from 56 to 58 on the books.
Terry said they would need proof of an easement from the Registry. That was not a concern in the request for a common driveway presented Monday night.
What was a factor, she said, was approval of the bylaw from the attorney general.
“The bylaw passed at Town Meeting, but I checked today and it was not sent back from the AG,” said Terry. “We have to keep this hearing open until the AG responds.”
Terry said responses generally come within 60 days. She told the interested parties they sould be able to vote at the Sept. 8 meeting, which would give the home owners at 58 Hillside Road an opportunity to further research whether or not there is an easement on record.
