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Canfield couple sues US Postal Service over lack of curbside delivery in Westford

YOUNGSTOWN — Nicholas and Gail Evanchan of Canfield and C.T.W. Development Corp. have sued the U.S. Postal Service Canfield Post Office in U.S. District Court over the refusal of the post office to deliver mail directly to some of the homes in the Westford Lifestyle Community in Canfield where the Evanchans live.

C.T.W. is the owner and developer of the Westford Lifestyle Community, which began around 2000, according to the lawsuit. It encompasses about 400 acres and has condominiums, single-family homes, gated communities, the Kennsington Golf Club, as well as office and commercial spaces.

The Evanchans purchased a lot that now has the address 6871 Kyle Ridge Pointe Road in January 2023 and built a single-family home, the suit states.

The suit challenges the post office’s decision to “deny curbside delivery service to nine single-family homes,” including the Evanchan residence, “while simultaneously providing such delivery service to the 47 other single-family residences who live on Kyle Ridge Point,” the suit states.

Kyle Ridge Pointe Road has 56 single-family residential lots, 24 on the west side of the road and 32 on the east side, with all 24 lots on the west side of the road now sold and either developed or in the process of being developed through the construction of single-family homes. On the east side, 27 of 32 lots are sold and developed with five remaining unsold and undeveloped, the suit states.

C.T.W. remains the owner and developer of the five unsold and undeveloped lots, the suit notes.

Of the 56 lots, 47 “enjoy and have always received curbside mailbox delivery service.” But in about 2012, the U.S. Postal Service “altered its delivery policy via its Postal Operations Manual for single-family residences, among other delivery points,” the suit states. The policy change states that “Centralized delivery is the preferred mode of delivery for all new residential and commercial developments.” The suit states that it is believed the purpose of centralized delivery is the “operational efficiency of the USPS.”

An online USPS publication describes one method of central mail delivery as a neighborhood delivery center, which is a freestanding, sheltered or enclosed installation containing a large number of individually locked, wall-mounted mailboxes, it states.

The lawsuit states that “Curbside delivery is authorized” under the Postal Operations Manual, “which states in pertinent part ‘Delivery may only be provided to boxes at the curb with prior approval from the Postal Service, and so long as they can be efficiently, safely and conveniently served by the carrier from the carrier’s vehicle, and so that customers have reasonable and safe access,” the suit states.

The suit adds that the post office “verbally assured CTW that all single-family homes along Kyle Ridge Point Road would receive curbside delivery regardless of when those homes were constructed.

“However, in 2019 the post office suddenly breached its agreement and served notice to CTW that ‘centralized delivery units would thereafter be required for all future residences within Westford,'” the suit alleges.

“To date, other than the nine lots along Kyle Ridge Pointe Road, (including the Evanchan residence) the post office is providing curbside delivery services to all other single-family residences within Westford not subject to CTW’s (Centralized Delivery Units) installment agreement with the post office,” the suit states.

The suit estimates that to deliver curbside to the nine homes would require the carrier to travel an additional “1,000 yards in total, which would add approximately two to five additional minutes to the existing route.”

The time it would take to provide curbside delivery to the nine homes would not be “materially” different from delivering the mail to a central delivery unit, the suit states.

“Presently the post office absurdly and unlawfully insists the Evanchans, along with their neighbors, travel three miles each and every day to pick up their mail in an effort to force the installation of a central delivery unit for the remaining nine lots,” it concludes.

The suit seeks a declaratory judgment that the postal service is “in violation of both its own Postal Operations Manual, the USPS National Delivery Planning Standards and federal law, “which mandates the post office … ‘shall provide prompt, reliable and efficient services to patrons in all areas and shall render postal services to all communities.'”

It also seeks a preliminary injunction ordering the post office to “immediately provide curbside delivery to all single family residences situated anywhere along Kyle Ridge Point Road, regardless of construction date, during the pendency of this action.”

Judge Benita Y. Pearson has ordered the postal service to respond to the motion for preliminary injunction by Feb. 12.

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