Roads top agenda for meeting
LIVERMORE – All is in order for a special town meeting that should put to rest for five years the Batten Road matter.
The meeting will be held at 7 p.m. Wednesday, April 7, at the Livermore Community Building.
Besides electing a moderator, residents will be asked to authorize selectpersons to borrow up to $106,628.50 from undesignated surplus funds to pay for drainage work along Sanders Road and to take another $3,500 from surplus to cover the legal account.
The Batten Road issue will be addressed in articles 4 and 5. Article 4 authorizes the board to enter into a written agreement with property owners Kenneth and Norma Constantine and Ralph and Monique Walton to allow the road to be gated for five years with the road to be rebuilt within that time.
During that time the road will be open to access and use by ATVs, snowmobiles and pedestrians, except in the active mining areas.
Article 5 takes the opposite stand, to have the board pursue legal action to reclaim full and immediate access to the road and to provide $15,000 to fund such action.
A one page time line gives background on Batten Road, including the action taken about 1992 that allowed the property owners to gate the road and mine sand from the easement area.
The information noted that the Maine Attorney General’s Office has determined the mining activity does not constitute a criminal act.
In addition, the town’s attorney, Lee Bragg, and various attorneys from the Maine Municipal Association, have agreed that access can be restored if the town raises repair funds, makes the repairs and seeks reimbursement from the parties responsible.
However, that will involve civil action and a survey to determine the lawful part of the easement as established in 1819 when the road was first laid out.
The information sheet states that the Waltons and Constantines have agreed to complete mining and road work within five years, during which time the road will be gated but accessible to recreational vehicles and pedestrians.
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