LIVERMORE – After another discussion at the town office, the Batten Road situation remained at an impasse – proponents wanting immediate and safe access, while the landowners want to continue their mining operation.
At Monday’s meeting, attorney Pat Joyce represented Ken Constantine and Ralph Walton, while attorney Lee Bragg was present for the town.
At issue was when the gates and boulders blocking the entrance to the Batten Road easement would be removed, and by whom.
That action had been ordered by selectpersons at the Nov. 10 meeting but had not been carried out pending Monday’s session, when it was hoped a compromise could be worked out.
Joyce argued that there are a lot of opinions about where the road is.
“No one really knows, without a survey, how to prevent trespassing on the Walton-Constantine property,” he said. “It’s the public’s right versus the rights of the landowner.”
He suggested an agreement be reached that the area could be mined for a number of years- (six, he suggested) – with the road restored, but that was turned down.
“We had a pretty clear message at town meeting: they wanted it open to traffic,” said Selectperson John Wakefield. “We can’t agree to six years.”
No proposal was made by Joyce after a private 25-minute discussion with his clients, so all concerned agreed an impasse had been reached. “Certain people want passage through the Constantine-Walton property, and they’re not willing,” Joyce said of his clients. “I guess it’s going to be open, but impassable.”
“We’ve done everything we can,” said Chairman Grace Jacques, as the board agreed to give the men a week in which to remove the gates, not just open them, because Constantine had considerable expense in them.
Supporters of the landowners said they had petitions signed by 135 citizens asking that nothing be done, that Batten Road be kept closed and gated. They will continue to gather signatures to take the matter to town meeting, they said.
In other business, it was announced the office will be closed Thursday and Friday for the holiday.
Road Foreman Bert Bryant said the new cold patch will arrive Dec. 2 and reported a serious beaver problem on Goding Road. The state will remove the beavers but the town will have to pay for the service, said Kurt Schaub, administrative assistant.
He also reported on a meeting with area towns and Community Emergencies Services, which hopes to maintain the present subsidy for its ambulance service by having the second truck on call-in from 7 p.m. to 7 a.m.
An appeals hearing on a Long Pond violation is scheduled at 7 p.m. on Wednesday, Dec. 3, at the town office.
Schaub reported the more than 48 percent of this year’s taxes has been paid. The first half of the bill was due this month.
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