The Legal Affairs Committee agreed to sell city-owned land to neighboring residents whose property has breached the border for the last fifteen years at their meeting on Thursday, Oct. 12.
Attorney James Sears represented Robert and Lisa Polignone of Emily Lane at the meeting and explained to the committee how the couple had only recently learned that the pool they constructed back in 2008 was built on city territory.
“When they put the house on the market in the Spring this year, they got a buyer for the house,” Sears said. “When we found out that the buyer had a mortgage inspection plot plan done, the pool was in fact on city-owned land.”
The land was conveyed to the city in 1989 by Charles Benevento of Benevento Companies. The couple wishes to resolve the situation by purchasing 4,100 square feet of the area from the city so the pool can lawfully remain for the incoming buyer.
While Sears emphasized the installation infraction was accidental, committee member and Councilor at Large Jon Turco expressed his doubts.
“I do believe that we all know where our property lines are and I believe this was not just a mistake that they put this pool here,” Turco said. “When I bought my house in Peabody, my surveyor showed me where my rear property line was and to this day I know exactly where it is.”
Nonetheless, Turco supported the sale of the land so long as the buyers paid back taxes for the years their pool has been over the property line.
Committee Chairperson and Ward 6 Councilor Marc O’Neill finalized the motion and the committee voted unanimously.
“We move to start the appraisal process where the applicant would pay at their own expense for an appraisal for the city to review the value of the 4,161 square foot parcel,” O’Neill read. “The applicant is expected to pay all back taxes on the property for this parcel for fifteen years above and beyond any sale prices determined by the city.”
