Date: Fri 07-Nov-1997

Publication: Bee

Author: STEVEB

Quick Words:

guardrail-Madaus-Currituck

Full Text:

Neighbors Fight Back Against Unwanted Guardrail

BY STEVE BIGHAM

It's not an exit on the interstate, but the handful of residents who live on

Old Currituck Road believe their quaint little street looks like an off-ramp

these days.

Last week, Craig Madaus was awakened at 6:30 one morning to the sound of large

trucks. Workers had begun erecting a guard rail on the side of the road. Not

at all pleased, he rushed outside to protest. Workers said they were assigned

to erect the double-set wooden rails for safety reasons. Recently, a vehicle

coming down Summit Road lost control and nearly went over the embankment, so

town officials concluded that a guard rail needed to be installed the length

of the 100-yard road.

Mr Madaus and a few neighbors asked that the work be stopped and refused to

move their cars to allow the work to continue. Mr Madaus claimed he owned the

property in an area where the guard rail was scheduled to be put up.

Workers called the police, while Borough Historic District president and

neighbor Kathy Jamison filled out a stop-work order form. Officer Jim Mooney

arrived and appeared sympathetic to the neighbors' concerns. After conferring

with First Selectman Bob Cascella, Officer Mooney returned minutes later to

say the work would be halted temporarily.

John Whitten, senior field representative for sewer engineers Fuss & O'Neil,

the company heading the project, also conferred with Mr Cascella, however, and

the work was ordered to resume after it was later determined the property in

question was not owned by Mr Madaus, who is trying to sell his house. However,

the property owner parked his car in the area where the final portion of the

rail was to go up, forcing workers to stop. Mr Hurley said the remaining guard

rail will eventually be put up.

Mr Madaus said the first selectman promised he would prove that it was town

land before any additional work was done, then later changed his mind, saying

there was no need to prove it.

Mr Cascella did not return phone calls this week, but Public Works Director

Fred Hurley said the land is clearly owned by the town.

"The road was changed many years ago, creating some confusion over property

and survey maps," Mr Hurley said. "He claims he owns property all the way down

to Currituck Road, but he doesn't."

Mr Hurley said that if the guard rail was not put up, the town would be liable

if another accident occurred there.

Mr Madaus said his deed says his road goes all the way to the highway

(Currituck Road). "And my survey shows that it's a private road," he said.

But the town says differently and sent surveyors up there this week to confirm

its position. As for Mr Madaus' claims that Old Currituck Road used to be a

private driveway, Mr Hurley said that is simply local "lore."

As for the Borough's Historic District, Mr Hurley said it has no jurisdiction

over safety issues. He said the head of public works is authorized to make the

determination. Nevertheless, the town did still file an application for a

certificate of appropriateness with the Historic District. A public hearing on

the matter has been scheduled for November 17, at 7:30 pm at Town Hall South.

Mr Madaus says he has proof he owns the property. "Why can't they show me

proof that it's theirs," he said. He also questioned why sewer money was being

spent on a safety issue.

Mr Hurley said John Whitten handled the project because the sewer contractor

had worked on the road when installing the sewers. However, for the most part,

he said, the work is being paid for with town money, not sewer money.