LIVERMORE – Selectpersons voted 3-2 Monday night to hire heavy equipment to remove the posts, gates and rocks that block Batten Road.

That decision came on a motion by Selectperson John Wakefield. “We ought to take action. This is total defiance on the part of these people,” he told the board.

Wakefield was referring the placing of more rocks, allegedly by landowner Ralph Walton, as reported to the board by Kurt Schaub, administrative assistant.

Voting with Wakefield in favor of the motion were Selectperson Brenda Merrill and Chairman Grace Jacques. Voting against were Selectpersons Tom Berry and Wayne Timberlake.

In a Dec. 5 memo to the board, Schaub said highway personnel had taken the town’s loader to Batten Road to remove the boulders, which are across the road about 150 yards south of the Route 108 gate.

That action had been ordered by the board at its Nov. 24 meeting. The landowners had been given time to do the removal themselves, and the rocks by the gate area had been moved, Schaub said.

However, the crew found that more boulders had been placed further in, essentially clogging the road with rocks so large they couldn’t be moved by town equipment.

“If he won’t remove the rocks, then the town will contact someone to have the gates and rocks removed, and bill the landowner,” Wakefield said as he made his motion.

Conflicting opinions were offered Monday night about whether the gate was still there but all agreed that the posts were still standing.

Ken Constantine, one of the owners, maintained that the rocks were on private property. He added that nothing could be done until the road is surveyed.

Ralph Walton, the other landowner, indicated the rocks shouldn’t be moved as they were on his land.

Former Selectperson Jean Bachelder said, “It’s disgusting to see a group of grown-up people doing these dirty tricks.”

Even though there appears to be no money available to pay for the rock removal, Schaub said Tuesday afternoon that he plans to contact a heavy equipment operator on Wednesday.

“Only a judge can decide this,” he said, indicating that the town’s attorney had said the cost could run to $10,000 for a survey, depositions and court appearances.

After the vote on Wakefield’s motion, Norma Constantine, wife of Ken Constantine, presented a petition to the board saying she had 280 signatures, well over the 82 required to take an issue to a special or regular town meeting.

The petition calls for the town “To keep Batten Road closed and gated to avoid any more burden on the taxpayers.”

Selectpersons expressed their concern that the wording was vague. The names on it must be certified, and the board plans to take up the issue again Dec. 22.

In other business, the board voted to purchase a snowblower and put gutters on the front of the town office. Members also were told that a sex offender lives in town. Information on him is available at the town office.

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