Town signs final agreement to accept gift at end of Overdale Parkway Action paves way for landowners to proceed with subdivision plans
By Theresa Knapp
At its meeting in August, Hopedale’s Board of Selectmen presented the final agreement it has reached between the town and landowners Ricardo Lima and Black Brook Realty Corp. who plan to extend Overdale Parkway by 703 feet and build 10 new homes, with Lima’s four on the Hopedale side of the road and Black Brook Realty’s six on the Mendon side of the road.
This ends a long journey of deciding who owns that unpaved section at the end of Overdale that leads to the Hopedale Parklands.
In May, after review of a recent title search, Town Counsel Katherine Klein of KP Law PC opined that the land was conveyed over 100 years ago  and “I think there was an error when this vote was written but I think the intent is clear. The road is clearly identified, we all know what is being discussed, it is the last 703 feet of Overdale Parkway; and the fact that the Larkins are no longer the owners is immaterial.”
Highlights of the final agreement related to the 703 foot long and 30 foot wide “unimproved roadway” include:
• Town agrees to accept the gift of the road, the town is not obligated to maintain the unimproved roadway unless and until it is accepted as a public way (Note: to date, the town has maintained Overdale Parkway but is not obligated to do so, the Road Commissioners will make that decision);
• Landowners will upgrade the roadway to current town subdivision standards; the layout of the subdivision will be “substantially similar” to what is shown on the 1985 Plan;
• Landowners will design and construct four or five parking spaces within the cul-de-sac area for public use;
• Lima is limited to four house lots and Black Brook Realty is limited to six lots;
•Landowners are responsible for all costs related to permitting, construction, etc.;
• Once a final, non-appealable decision on the definitive subdivision application and related permits and approvals, Black Brook Realty will deed to the town, or impose a conservation restriction on, the balance of the property located in Hopedale that is not necessary for the development of his six lots which will protect it from future development; and
• Project will go through regular subdivision approval and the approval of this agreement “shall not be construed as support for, or against, approval of said subdivision by the Select Board.”
After the agreement was finalized, Lima requested a set of keys to the locked gate that currently spans the end of the paved section of Overdale Parkway. Selectmen agreed he should have a set of keys and directed him to the Park Commission.