Thu, May 23, 2013

Selectmen question impact of discontinuing Buck Road

NORWAY — Discontinuing Buck Road means the town may have to pay a significant amount in damages to abutters who do not wish to block it off, said Town Manager David Holt at the February 7 selectboard meeting. 

On December 11, Walt Suomela and Christopher Cooper, property owners on Buck Road, sent a letter to the town asking that a gate be moved up the road 200 feet from where it currently sits to prevent ongoing theft and vandalism of the nearby properties and apple orchard. 

Holt said in order to relocate the gate, that section of the road would have to be discontinued altogether. 

On January 3, selectmen agreed to consult with the town attorney about relocating the gate onto the town-maintained section of the road. 

According to the board, because Buck Road is a public road, the town could not make it inaccessible unless it held a public hearing and agreed to discontinue the road and pay damages to the affected landowners. 

"I don't see ... a way to achieve the solution to the [gate] on Buck Road," Holt told selectmen at the February 7 meeting. He said he was unsure what would happen if the town did not discontinue the 200-foot section of the road. 

"All of the property owners up there are not in favor," Holt said. In the past, he explained, a property is worth more if it is served by a public road. 

Unless all affected property owners agree to discontinue the road, Holt said, they are eligible to be paid damages – the difference between the current value of their property and its value after the section of road is discontinued. 

"The town would be forced to pay damages to any property owner who could prove they had damages," Holt said. 

Selectmen agreed they didn't want to commit to spending money on discontinuing the road. 

"There is really a lot to look at ... in a situation like that with a lot of landowners," Selectman Mike Twitchell said. 

On Friday, Holt confirmed that the town is wary about incurring liability for damages, unless everyone living on the road signs off.

"Over the years, I have seen that it's quite common for there to be disagreement; it's an unusual day when everyone agrees on how a road should be regulated," Holt said, at the February 7 meeting. 

According to Holt, Suomela still may petition to put the issue before the June town meeting. 

In other news, the board: 

• Heard from Selectman Mike Twitchell that he has heard positive feedback on the new lights that illuminate the Norway Opera House clock tower. 

• Appointed Carissa Winning to the recreation committee. 

• Accepted a donation of $2,023.43 from Grimmel, Inc. from the sale of steel rails – half of the proceeds will go to the Norway Branch Railroad. 

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