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Somerset, Mass.

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2 Somerset land disputes to be aired

01:00 AM EDT on Friday, October 10, 2008

BY C. EUGENE EMERY JR.

Journal Staff Writer

SOMERSET — Two long-running land development controversies could come closer to a resolution Tuesday as the Planning Board takes on the Zoning Board of Appeals in Fall River Superior Court during the day, and the Planning Board continues its hearing that evening on the proposed Brookland Estates condominium project.

Both the court battle, involving North Street house lots developed by Arthur Gagnon, and the hearing over the Brookland Estates proposal have been repeatedly delayed in their respective venues.

The Brookland Estates proposal was last before the board in January. It called for 40 condominium units in 13 buildings on the south side of Lafayette Street, between Charlene Drive and Tiffany Drive.

About 80 people showed up to protest the original proposal, with many of them predicting that it would increase the amount of runoff going onto their property, and that the area is too wet.

The hearing was continued until March, then postponed four times so the developer, Avotu LLC, could make changes.

As of yesterday afternoon, the hearing was still set for Tuesday at 6 p.m. at the Pottersville School, 115 Wood St., which houses the headquarters for the Council on Aging.

The Gagnon-North Street land controversy, now in Superior Court, has more twists and turns than a plate of spaghetti.

In its simplest terms, the Planning Board is appealing a decision by the Zoning Board, which ruled that the building inspector did nothing wrong when he granted building permits for land that had been developed by Gagnon, then a member of the Zoning Board.

Planning Board members objected because, they say, the lots required a special permit or variance, since they are in the Water Resources Protection District.

Gagnon contends that the lots don’t actually fall in the district.

The planners say Gagnon, whose job on the Zoning Board was to enforce the rules, was trying to skirt the ordinance.

Two in-court attempts to reach a settlement fell through, in part because the planners are insisting that the current homeowners get retroactive permission. The homeowners have resisted.

Judge Richard Moses will hear the case.

gemery@projo.com