Date: Fri 05-Dec-1997

Publication: Bee

Author: STEVEB

Quick Words:

Historic-District-guard-rail

Full Text:

Historic District Says Guard Rail Must Go; Highway Dept Says It Stays

BY STEVE BIGHAM

The Borough Historic District ruled Tuesday that a guard rail on Old Currituck

Road must be taken down. The town's public works department, however, has no

intention of complying.

Workers put up the guard rail last month as a safety measure to prevent cars

from careening off the elevated road. But residents protested against the

unsightly rail, confused as to why it had to go the entire length of the

150-yard road. They believe their road now looks like an exit ramp off Main

Street. Why not just put up a rail at the road's intersection with Summit

Road, they asked. That was the site of an accident last year in which a car

came down Summit Road, lost control, crossed Old Currituck, and came within

inches of going over a steep embankment.

This week, the historic district voted to have the town take down all of the

guard rail, except for the section in front of the intersection.

No way, said Public Works Director Fred Hurley. The rail stays up. Mr Hurley

said the town and he, personally, would be liable if they failed to comply

with the state regulations, which require that all elevated roads be equipped

with guard rails.

Ironically, it was the town that filed the application for certificate of

appropriateness with the historic district panel. Chairman Kathy Jamison

conducted a public hearing on the issue last month, at which time former first

selectman Bob Cascella provided evidence as to why there was a safety concern

at the intersection. However, Mrs Jamison said he gave little or no reason as

to why a rail would be necessary for the entire 150 yards of roadway. The

board gave the town 90 days to remove the rail. It also requested that the

town come up with an alternative measure if it determines that some sort of

barrier does need to be in place. The town has already determined that it

does.

Mr Hurley said the historic district does not have the authority to override

the town on safety issues. He said the rail has to stay, although he would be

willing to make minor alterations to the rail at the beginning and end of the

road.

Residents disagree with the town, which claims that Old Currituck Road did, at

one time, have some sort of a rail. They claim there was only a stone wall

many years ago. According to historic district attorney James Gaston, if an

existing guard rail begins to deteriorate, the town can replace it without

approval from the historic district board. However, this is not a

deterioration, he said, so the fact that this is a safety issue does not

override the Historic District Commission's authority. The town has no

jurisdiction, he said.

Mr Hurley said that to say there was never a rail there is "utter nonsense."

Craig Madaus of 4 Old Currituck Road has been a leader in the fight to have

the rail taken down. He claims one section of the rail is actually on his

property. Adding to this feud, town officials say it is town land. A meeting

of the town, Mr Madaus and the land surveyors was scheduled later this week to

discuss the dispute.