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LoPilato files appeal against PB, developer over Deer Run

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TOWNSEND — A resident has filed an appeal with the Massachusetts Land Court against the Planning Board and the developer who wants to put in a 15-house project off Ash Street.

Joseph LoPilato hopes to overturn the planners’ Jan. 9 decision to allow the development, known as Deer Run, to go in. Gillis Homes Inc., of Topsfield, is the firm behind the development.

Deer Run would be an Open Space Preservation Development, according to administrative assistant Jeanne Hollows.

The development was approved on a 43-acre lot owned by David Huse, of Londonderry, N.H. Roughly 17 acres of that is being preserved as open space.

The board’s decision came after public hearings on May 2, May 16, June 20, July 11, July 18, Aug. 15 and Aug. 29, 2005.

The appeal falls within 20 days of the decision being filed, which is pursuant to Massachusetts General Law, Chapter 41, Section 81B.

Planning Board member Stanley Vladyka said he is not upset with LoPilato for filing the appeal.

”I respect him and I know he believes in what he is doing,” Vladyka said.

The appeal will try to get the planners to reverse the decision they made to allow the subdivision to go in, said Vladyka.

”Mr. LoPilato attended every hearing we had on this matter so he followed it closely,” he said.

LoPilato’s property could be affected by traffic in and out of the development area, according to Vladyka.

”I don’t know if this will affect his property value,” he said.

Vladyka said he is not familiar with the developer or his lawyer.

”What I’m worried about is not knowing them. They could now come in and put in a 40B development with three times the amount of houses,” he said. “The Planning Board has no control of that. The papers are all done for his original plans.”

The board will be represented by town counsel when a hearing takes place. Vladyka said.

”We don’t know anything yet about when a hearing will happen, but we will send out counsel with everything that was done. We’ll just have to wait and see what happens.”

Planning Board Chairman Jeffrey Peduzzi was out of town, according to Hollows, and could not available for comment. Peduzzi was not present at the Monday night regularly scheduled meeting.

The appeal names all five members of the board, Peduzzi, Gerald, (Jed) Coughlin, Nicholas Thalheimer, Vladyka and Louis Kiklis as defendants.

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