On Wednesday, in response from a question from one of the neighborhood residents, the steering committee sent this email to Kathy at the town hall.
Good afternoon, Kathy,
I hope all is well with you. We have had a question from one of our residents that we are hoping that you can answer. The question is:
If there have been other developers who have purchased lots in here and/or have built on lots in here, why is Brian Merrill the only one being held responsible for the condition of the road? There very well may be a perfectly good explanation for this, or it may have been something previously agreed upon - again just asking because I don’t know. But if others have been in here with their equipment, trucks, employee cars, subcontractor cars, etc. etc. - it doesn’t seem fair that Brian is the only one who’s responsible for the conditions or getting it up to town standards.
Also, is there anything new to report in terms of the potential agreement with Brian Merrill and the town?
Thanks so much!
The Steering Committee of Destinee Woods
On Thursday, we received this response back from Kathy:
Good Morning,
I am working on the Planning Board application to request an amendment to the Destinee Woods Subdivision to reduce the road standard to the attached drawing. Please disregard the name of the standard on the attached cross-section; I took it from another town and discussed it with both Brian M. and the representative from the Destinee Woods lot owners. This proposed road standard does not meet the Town of Naples standards for subdivisions, either at the time the subdivision was approved or now; it represents a compromise. All subdivision road standards in Naples require pavement unless the PB waives it which is what will be requested as part of the amended Destinee Woods plan.
My understanding is that Brian M. bought the majority of the lots through tax foreclosure and subsequently sold some to other parties while keeping and developing others. The Town's interest is to have the road brought up to a minimum, agreed-upon standard and to have a cistern located somewhere in the subdivision; basically, this addresses life safety issues.The original, approved subdivision plan showed two cisterns and a higher road standard. Only the Planning Board can change a duly approved and recorded subdivision plan. With a recommendation from the Fire Chief supporting the amended plan, the PB will likely be amicable to the amendment. The Destinee Woods subdivision is still in effect and it was so at the time Brian M. bought the lots. A paper trail reflecting the timeline is recorded at the CCRD - we can't ignore that. If all the lot owners are notified, a Public Hearing is held at a Planning Board meeting, the PB agrees to the changes, and the 30-day appeal period passes it would be difficult for one of the lot owners to come back later looking for Brian or the Town to make improvements to the road.
Our attorney advised the Town to take this position.
Thank you for your inquiry,
Kathy T.