At issue is public access to the Batten Road, a discontinued road in Livermore.
By Cora C. Briggs
Special to the Sun Journal

LIVERMORE – The town meeting vote was overwhelming to retain the public easement on Batten Road but, apparently, it was not decisive as the issue surfaced again at Monday night’s meeting of the selectpersons.

Lengthy discussion reached no firm decision except to seek additional advice from the Maine Municipal Association and Androscoggin Valley Council of Governments with all findings to be put in writing. They are also to be made public, unless otherwise advised by legal counsel.

At issue is public access to the Batten Road, a discontinued road that connects Bean Street to Route 108, providing residents there with a much more convenient access to the main route.

At town meeting, voters refused to give up the public easement and the board was asked if it was going to enforce what was voted on. Selectperson John Wakefield answered, noting the board has made a public issue of it, it was voted on and remains the same way it has been for the last 11 years.

However, the public wants motor vehicle access to the public easement, which by right they should have, the board was told.

With both sides passionate on their stands, argument involved a measure of mudslinging with the board criticized for its indecision and for standing by an agreement made by a previous board, which now appears to be illegal.

The board has admitted that a previous board’s pact, which allowed Ralph Walton to continue his mining operation with the provision that he rebuild the road when he was done, was illegal.

Selectperson Tom Berry took most of the mud, being accused by Bean Street residents of protecting the landowners for financial gain.

“Mr. Berry has been championing this course of action right along, this is a fabrication by this board, especially Mr. Berry, to protect Mr. Walton,” Steven Mancine said.

Attorney Pat Joyce, who accompanied property owners Ralph Walton and Ken Constantine, said the rights of the landowners are such that they don’t have to let the public across their property.

“Only a few people want the gates down. Many people may not have fully understood the issue. If you take the gates down, you’ll put Ralph out of business,” said Rodney Newman.

He suggested the board call a special town meeting to seek permission to leave the gates up.

“This is another Poland Hill, we can win for $80,000, but who wins,” Newman stressed.

Poland Hill is a previous road battle that was very expensive for the town several years ago.

Joyce asked if the town owns the real estate over which the road runs but there was no easy answer to that question.

Administrative Assistant Kurt Schaub explained that the road had been laid out in 1819, most likely as a county road, when Livermore was part of Oxford County.

He added that aerial photos may help but agreed that a survey may be needed.

In other business, Grace Jacques was re-elected chairman of the board, and residents were renamed to various boards and committees, unless they notify the town office that they wish to decline.

Approval was given to the wage-salary schedule for 2003-04, the insurance bid from MMA Risk Management was accepted and Schaub announced review of the ambulance contract has begun.

The town office will close at noon Monday, June 30, for the closing of the books, and at noon on Thursday for the July 4 holiday.

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