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.
{loadnavigation}
