The Waitsfield Development Review Board (DRB) will hold a site visit to review a new proposed access for George Beattie's 10-acre landlocked parcel near Talc Mine Road later this month.

The DRB heard Beattie's request for access to his land (the subject of a legal dispute and extensive litigation last year) at an August 10 meeting and will conduct the site visit on August 24.

Last year, Beattie received a zoning permit from the town to have a modular home installed on his land via access through his neighbor's property and road. That permit was the subject of litigation by his neighbors, Tom and Judith Buczkowski, who appealed the town zoning permit, prevailing in their argument that Beattie misrepresented to the town the fact that he had access to his land via their property.

CUTTING TREES

The Buczkowskis own land on Talc Mine Road, a private road that ends at their property. Beattie owns land that adjoins the Buczkowski land and wanted to access it through a woods road that crosses the Buczkowski land. That appeal and other litigation involving Beattie trespassing on the Buczkowski property, as well as cutting trees on the Buczkowski land, was settled this winter.

Under the terms of the settlement agreement, Beattie may not trespass on the Buczkowski land, cut or disturb any trees or travel on any part of the Buczkowski's portion of Talc Mine Road and Stony Farm Road. The agreement notes that Beattie may obtain deeded access to his land via land owned by other adjoiners, including the Maynards, and that the Buczkowskis will not object as long as the new access meets all regulatory and zoning laws and regulations. Beattie was also required to compensate the Buczkowskis for cutting their trees.

PROPERTY RIGHTS

It was the question of whether the new proposed access meets the applicable zoning laws and regulations that was the topic of discussion at the Waitsfield DRB this week. The new access from Talc Mine Road would cross property owned by the Maynards and the Turners on their western boundaries and enter the Beattie property from its southern boundary.

"This time around, we seek to insure that the Waitsfield Development Review Board adheres to the regulatory requirements so that no party is damaged and so that the development of Mr. Beattie's land is in conformity with the regulations and my client's property rights as confirmed by the Vermont Courts, the final injunction order, the memorandum of covenants and the settlement agreement between the parties," said Lauren Kolitch, attorney for the Buczkowskis.

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