The Planning Board on Monday heard accusations about the alleged widening of Morse Lane, a private way, by residents of that street and abutting Spring Lane.

After an hourlong debate, the board remained firm in its previous request that it be provided with an as-built plan. It also requested town counsel’s opinion on who is responsible for surveying the private way.

Morse Lane, approved as a private road in 1992, is part of the Capobianco subdivision, according to principal planner Aneri Patel. At the beginning of the hearing, she said no residents from either street submitted the as-built plans for the road that the board requested at the June 15 meeting.

Spring Lane residents call out work

Dave Tassia spoke on behalf of Pat Tassia, a Spring Lane resident. He explained that the final definitive plan approved by the board in 1992 stipulated that four lots be created. The document he presented showed the roadway’s width as 33 feet except at Spring Lane, where it decreases to 18 feet.

In December 2022, the board amended this approval to allow for the creation of a fifth lot. At that time, it added a condition prohibiting upgrades to Morse Lane until a definitive plan is presented.

“Alterations have been made without the submission of a new definitive plan or amendment,” stressed Tassia. “The absence of these documents is a violation of this board’s 2022 decision.”

Chair Matthew Wronka questioned whether there was a more recent document from a surveyor showing the road’s width. Patel replied that none is available.

Diane Capozzi also represented Pat Tassia. She said a drainage system was installed behind four Spring Street properties. It ends in a 14-foot-wide sewage pit.

“It sends stormwater along the back property lines of Spring Lane, which is opposite of the flow shown on the 1992 definitive plan,” she added.

Capozzi said she saw the excavation work being performed during a Nov. 18, 2025, visit. She observed a backhoe operator filing “a large open trench” with crushed stone.

Spring Lane resident Sarah Minsk-Eduardo added that “extensive grading and excavation” along Morse Lane has impacted the rear on the Spring Lane properties, including her own.

“The road now measures between 22½-29 feet across,” she said, noting that it should be 18 feet.

Morse Lane rep presents case

Colin Scanlon said he represented the Morse Lane residents. He displayed a Google Earth photo showing trees with branches hanging over Morse Lane and “overgrown shrubs and brush.”

Scanlon pointed out that Joe Capobianco previously maintained the road. Capobianco moved away a few years ago, according to Scanlon. Morse Lane residents decided to perform maintenance work last year, including cutting back what he described as “rotted trees.” Residents also put “fresh stone” in the drainage channel, which he said “always existed.”

“We did not widen the road,” he stressed. “We just cleaned up the brush to make room for 18 feet.”

Scanlon added that he installed a silt fence to prevent the deterioration of the earthen embankment there.

Updated survey needed

After both sides traded accusations of lying, Wronka asked how the as-built plan could be obtained. Patel explained that the town doesn’t have the authority to survey a private way.

“It’s totally on the Morse Lane residents to provide that,” said Patel.

If a survey proves there were alterations to Morse Lane, those residents would have to file an amendment to the 2022 decision, she added.

Member Parker Happ, a staunch advocate of providing town services to private ways, questioned why residents should bear the cost of a survey.

“I’m not totally clear that the town can’t commission a survey under our own subdivision review,” he said, requesting a review by town counsel.

Later in the meeting, Patel said she could ask town counsel for its opinion on whether the board could demand a survey and who should be responsible for paying for it.

Wronka said the board’s job is to determine whether the subdivision is out of compliance with the conditions under which it was created. It does not need to determine when a violation, if any, occurred.

This topic will appear on a future board agenda once town counsel provides its input, he added.

Maple Street Extension home lot approved

The board approved a frontage waiver and a special permit to build an additional home on a lot with a historic structure in separate 7-0 votes. A supermajority of six votes was needed.

Attorney George Connors represented the applicant, Nicholas D’Angelo. D’Angelo intends to build a house on the 12 Maple Street Extension lot and retain the historic home.

The plan proposes to subdivide the parcel into two lots, Connors explained. One lot has the existing home built in 1838. D’Angelo previously received Board of Appeal approval allowing the historic home to have no frontage.

Members expressed no concerns about the project after some participated in a site walk earlier this month.

Sunshine Preschool addition approved

The board approved 7-0 a minor site plan for a proposed addition to Sunshine Preschool, located at 1 Briarcliff Drive. It also waived a Design Review Advisory Board (DRAB) recommendation to plant flowers at the request of the applicant.

Applicant Anil Dosapati said he planned to build a single-story, 900-square-foot addition to the current building. It will include an open play area, a small bathroom, a laundry area, a small office and a storage room. The project complies with all zoning requirements.

Dosapati modified the plan to incorporate two DRAB recommendations issued on July 14. They included adding shutters to the new structure and limiting paving in front of it. He originally proposed paving front of the addition for parking but adjusted the plan to keep the grass.

The applicant asked that the third request of adding flowers in front of the new building be waived. They would be placed in front of a 6-foot-wide walkway.

In a straw poll, member Amna Diwan approved of the flowers. The other members were willing to waive them.

Happ praised Dosapati for his efforts to keep the longtime preschool in operation.

Ash Street modifications OK’d

The board approved the modification of a stone wall and the stairs at 27 Ash Street in a 7-0 vote. Brian Gassett applied for the permit because the home, located at the corner of Kathryn Drive, is on a scenic road.

LNG facility hearings continued

Two hearings regarding stormwater and earth removal permits for the Eversource liquified natural gas facility at 55 Wilson Street were continued until Aug. 31 at the request of Eversource, Wronka noted.

This 51.5-acre parcel is the site of three cryogenic storage tanks used for storing liquified natural gas.