CHESTER, Vt. – The Chester Selectboard began their Wednesday, Feb. 5, meeting by hearing a short presentation from Matt Bissel, associate project engineer at Dufresne Group, regarding an upcoming scoping study, funded by a VTrans Bike and Pedestrian Grant. The study will look at options for increasing pedestrian safety from the intersection of Route 103 and Route 11 to the driveway of the Green Mountain Union High School. Currently, Bissell said, there are no sidewalks or crosswalks in this area, though it is often used by students walking to and from school. The scoping study will also consider an existing sewer right of way along the South Branch Williams River, which leads from the high school athletic fields to Route 103. Bissell said that Dufresne will come back to the board in April to present several options, with a final meeting in September with a fully developed plan for the chosen alternative.
The majority of the meeting was concerned with an appeal brought before the board by Kevin Longo, of Longo Properties, who wanted the board to overturn a decision issued by Chester highway director Kirby Putnam. Putnam had denied Longo’s application for a highway access permit which would have allowed construction of a driveway to the side of 116 Main Street, aka the Henry Office Building, which Longo owns. The building is currently reliant on a 15-foot easement on the opposite side of the building from the proposed driveway, which is on the property of Skip and Amy Norton. Longo claims that this easement has become the cause of several altercations between the Henry building’s tenants and contractors, and the Nortons. In particular, Longo said he is no longer able to hire plows to plow out parking behind the Henry building that is accessed via the easement, as he claims the Nortons have caused difficulties for several plow companies previously hired. Longo supplied the board with photos which he claimed showed the Nortons blocking access to the easement and parking with sheds, snow, and parking barriers.
Board Chair Arne Jonynas questioned Longo as to whether or not he would dissolve the easement in the event the highway access permit was granted. Longo responded that he would need to consult with his attorney, as there is a fence which he said passes through the easement and is partially on his property, but that ultimately he wished to give up the easement, telling the board, “We want to put a fence right up that property line.”
Board member Tim Roper noted that the original easement agreement, drawn up prior to Longo’s owning the building, seemed to include an arbitration clause regarding easement-related disputes, and asked Longo if the matter had been to arbitration. Longo replied that it had not, though he ultimately believed that the situation had deteriorated past the point where arbitration would be effective. “We’ve navigated all these processes as much as we could, and we reevaluated everything and said, ‘What’s the most feasible action we can take?’” Longo said in relation to the proposed new driveway. Roper, however, remained unconvinced, and expressed concern about pedestrian traffic in the area, which is situated near the Chester-Andover Elementary School.
Ultimately, Longo felt that failure to grant the access permit could lead to businesses vacating the Henry Office Building, and expressed that he and his wife would be unwilling to invest in improving the building given that possibility.
The Nortons were present at the meeting, and given a chance to speak to some of Longo’s claims. Amy Norton said that their concern is with plow trucks dropping their plows on the Nortons’ property. “There’s a reason we’re in charge of plowing our property, it’s our insurance covering everything,” Norton said. The easement stipulates that the Nortons are responsible for plowing the entirety of their property, including the easement area through which Longo and his tenants must pass to access the parking area behind the Henry building, and that Longo is responsible for a portion of the plowing costs.
Amy Norton also said that they had won a case against Longo in small claims court for unpaid plowing costs, and that Longo had brought an unsuccessful damages claim against the Nortons.
Skip Norton then addressed the board, claiming that he was concerned Longo would not give up his easement even if his access permit is approved.
Vice Chair Lee Gustafson questioned Skip Norton about whether the easement is obvious to people driving into the lot. Skip said that the easement was not marked. Gustafson further inquired how Longo is supposed to plow his back parking lot if his plows cannot access it via the easement. “He pretty much has…no way to plow it, period, because he would be in the easement, which is my property,” Skip replied. Gustafson took issue with this answer, and suggested that the easement was meant to allow vehicles to pass through for activities such as plowing, though both conceded that was a matter for legal counsel. However, Skip Norton later stated that he was only upset when Longo’s tenants park in the easement throughway, as it is “supposed to be open 24/7.”
In coming to a decision, Jonynas noted that the board is unable to attach stipulations to the highway access permit, though he would have liked to ensure that Longo would give up his easement in the event that it was granted. Board member Arianna Knapp also explained that the board does not have the scope or authority to attempt to mediate the situation, and can only approve or deny the permit. Town manager Julie Hance stated that Kirby had instructed her to inform the board that he had never issued an access permit on Main Street.
After some back and forth, focusing primarily on pedestrian traffic, liability to the town in the event someone is injured, and historical precedent, the board hesitantly denied the permit in a 3-1 vote, with Jonynas appearing to abstain.
The board then took a short recess, returning to appoint town manager Julie Hance as ethics liaison to the State of Vermont. Hance noted that this was a temporary appointment, and that she, the board, and the town’s attorney would “spend a little more time investigating who is really the appropriate [person]” for the job.
The Chester Selectboard will hold their next regular meeting on Wednesday, Feb. 19, at 6:30 p.m., at Chester Town Hall.