Residents press selectboard to act after court ruling limits Balsam Lane access

Rocco Picarelli, a resident of 11 Balsam Lane, told the Sandown Board of Selectmen on June 29 that a recent court clarification has left him and neighbors unable to use the road as they historically have and that parked vehicles, placed rocks and other obstructions now make the right-of-way unsafe and effectively narrower than the recorded 30-foot easement. “I’m a disabled veteran ... I can’t walk out of that road because you can’t get a vehicle in,” Picarelli said, describing the roadway as about 11 feet, 4 inches wide in places and urging the board to help restore access.

Picarelli repeatedly alleged that a neighbor, Hunter Morris, places obstacles and operates a network of cameras and that those actions have led to repeated police calls and civil litigation. He said the group has already taken the matter through civil court and then sought clarification; he asked what steps the town can take to enforce a deeded right-of-way or otherwise help residents widen or secure safe passage. “What do we need to do to get conditional layout for this right-of-way?” Picarelli asked the board.

Morris, who identified himself as a resident of 30 Hemlock Circle, told the board he provided the town with the original bench-trial order (Nov. 27, 2025) and a June 6, 2026 clarification order that he said affirms the judge’s findings and found no safety problem. “The judge did reclarify on the 2nd order that Mister Picarelli has a misunderstanding of what he had and that he did nothing had been taken away from him,” Morris said, adding that he will provide the board copies of the orders for review.

Town staff described the formal process available to residents: file a written petition for a conditional layout that specifies the changes requested and acknowledges that residents would be responsible for improvement costs, after which the board will schedule a public hearing and accept abutter responses. A staff member told the meeting: “You have every right to start that petition ... you have to write it and submit it to the town.” The board repeatedly said no decision would be made at the meeting itself until staff completes research and the petition process runs its course.

The exchange highlighted competing claims about deeded easements, emergency-response access and neighborhood behavior. Picarelli raised concerns about fire and ambulance response and cited experiences with snowplowing limitations; Morris said the court record addresses many of the factual disputes and that the judge’s site view and orders support his position that the roadway serves pass-and-repass needs.

Chair (name listed at the meeting) closed the item by directing residents to file the petition with the selectboard so the board and staff can investigate and schedule the required hearing. The board did not take formal action on the substance of the dispute at the June 29 meeting.

Next steps: Residents who want the town to consider a conditional layout must submit a written petition for the selectboard to accept and docket; the board will then research applicable laws, notify abutters and hold a public hearing before any change is approved.