Neighbors appeal Atwood fence (10/29/09)

Oct. 29, 2009

Developer Jeff Atwood appeared Tuesday at a Development Review Board meeting to hear an appeal against a fence he wants to build.

Ron and Maureen Caruso, whose property on Lefebvre Lane abuts land where Atwood plans to build an eight-unit subdivision, appealed a town permit granting Atwood permission to build a fence between the properties.

The Carusos called the barrier a “spite fence” that will block their views.

“Instead of looking out and seeing green, we’re going to look out and see a stockade fence,” Ron Caruso said.

Furthermore, the Carusos said the property where the fence is to be built belongs to them, since they have used it for more than 25 years. They told the board they’re working with the state to claim a section of the land through adverse possession, which can occur when someone proves he’s continuously used land longer than the disputed land’s current owner.

Atwood refuted the claim, saying, “I certainly pay taxes on it.”

Planning and Zoning Director Ken Belliveau said adverse possession is a civil matter.

Though  Atwood said he would not build the fence until he and the Carusos could reach an agreement, the Review Board ultimately rejected the permit upon learning that Atwood had supplied an incorrect address for the fence site. 


— Tim Simard, Observer staff