LIVERMORE — Following a public hearing Thursday, Feb. 3, Selectpersons voted to table until Feb. 15 moving forward on taking property for a turnaround at the end of Butter Hill Road. 

During that time representatives of all interested parties will meet to try to resolve the issue. It was agreed the town could use the area as it previously had in the meantime.

Selectpersons Tracey Martin, Randy Ouellette and Brett Deyling voted to table. Selectpersons Mark Chretien and Scott Richmond abstained. Deyling agreed to represent the board at those meetings.

Jack Clifford, the landowners’ attorney, earlier in the meeting suggested litigation and mediation or arbitration if needed.

“Why does it have to go to litigation,” Deyling asked. “We have tried, gone very far in our attempts to try to mitigate this proceeding.”

“I don’t in any way like this,” Martin said. “Before we vote [on an order of condemnation] is there any chance we can work this out?”

The town had used the area as a turnaround for plow trucks, school buses and emergency vehicles for some 20 years. Obstructions placed by landowners Sherry Estes and Mark Luse have made it difficult for the town to plow and remove snow from that area.

A draft turnaround agreement had been rejected by Estes. She then proposed one where the town would plow her driveway.

Administrative Assistant Aaron Miller wasn’t sure the town could do so.

Estes and Luse have owned the property since December 2018. When an agreement for the turnaround couldn’t be reached, the town began the process to obtain about 3,280 square feet by eminent domain.

“There’s clearly a need to be able to maintain access to the ends of all of our public ways, have access for emergency vehicles,” Deyling said. “We’re unable as a town to meet our obligations to the taxpayers.” Access has been restricted, it is a safety concern for the town and the landowners, he noted.

“You’ve said you would allow us to use it as a turnaround but you put up an obstruction,” Deyling said to Estes.

“I put up a snow fence to protect landscaping on my property,” Estes said. Non-municipal people were going down there, she didn’t want strangers on her property.

Turnaround agreements typically include wording that the town will fix any damage to the landowners’ property, resident Amy Byron said.

The road was apparently abandoned by the town a long time ago, didn’t reserve any rights to use it for transportation, Clifford said.

Get a third party involved, eight chances in ten it will be resolved, he said.

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