Select Board: Agreement not to subdivide Taylor Way land should stand

Nov 5, 2024

MIDDLEBORO — Middleboro select board members turned down a request from a town resident to subdivide her property on Taylor Way, arguing that an agreement she signed 25 years ago should remain in effect. 

Attorney Robert Mather, representing property owner Debra Blais, acknowledged at the Nov. 4 board meeting that she had agreed not to subdivide the property as part of the special permit granted to her in 1999. The special permit, with that stipulation, enabled to build a single-family home on the land.

But Mather noted that two years later, changes to the Water Resources Protection District protected area would have potentially allowed her to subdivide the land, so she should be able to do that now, based on the new rules.

“It’s not that complicated,’’ Mathers said. The new bylaw, he said, states that the land “now could be subdivided into three lots’’ and so that should be allowed now.

But board members disagreed, stating that she had made an agreement and that should stand.

“In order to build, an agreement was reached,’’ Select Board Member Brian Giovanoni said. “You’re looking to throw out a 25-year agreement.’’

Select board member Bill Pike agreed. “I have a problem when you want to change something that was signed in good faith.’’

Town resident Edward Medeiros said the issue could end up in court, which would cost the town money. He said the circumstances would make it “hard for the town to defend’’ because the bylaw “now says it’s buildable.’’

Giovanoni responded with anger. “I don’t like people coming up and threatening to sue,’’ he said. “It’s a finger to the Town of Middleboro.’’

In the end, Giovanoni, Pike, Select Board Chair Mark Germain and Select Board Member Theresa Farley voted against allowing the subdivision.

Board member Thomas White cast the sole vote in favor, stating that if subsequent changes would permit subdividing the land, he would “not be opposed’’ to supporting the request.

Resident Diane Fay said she worried that allowing prior agreements to be nullified would “open the door’’ to others also seeking changes to official decisions.