Future of easement still uncertain

BUCKFIELD — Because of an oversight during the preparation of the town meeting warrant, the termination of a conservation easement in town may be delayed indefinitely.

An article on whether to oppose a termination of the easement by a court was meant to be on the annual town meeting warrant, but was accidentally excluded.

Town Manager Dana Lee told the board it was his mistake the article was not included.

"Mea culpa [my mistake], we should have had an article on there," Lee told the board.

In 2003, voters approved the easement on a small stream on a property on Cummings Road.

At the time, the owner of the property sought to subdivide the plot, and the easement was meant to protect the stream.

But the land was never developed and Dale Eichorn, the current owner, says that she has no intention of developing her property and would like to see the easement removed because it complicates her ownership.

Only a court can terminate an easement – and Eichorn intends to begin legal proceedings to move the case forward.

She has requested that the board of selectmen not object to the termination.

The board has stated it will not oppose Eichorn's case, but because voters approved the easement, they must also vote not to oppose its removal.

This means that Eichorn may have to wait until next year's town meeting to have the issue finally addressed.

If Eichorn brought the case to court, the town's silence on the issue could speak volumes, Lee said.

"If we're silent on it, the record will show we require it [the easement]," Lee said.

That could potentially foul up the case for Eichorn, Lee cautioned – it would be a much smoother case if the town could tell the judge it was not interested in retaining the easement.

The board agreed that the issue in itself did not necessitate a special town meeting, but declared the issue would be included on the warrant if a meeting was called later in the year or in early 2013.

According to Lee, Eichorn isn't in a rush to bring the case to court.

"My impression, talking to her, is that she's not in any hurry to get this done," he told the board. "She just wants to get it done easily when the time is right."