Date: Fri 21-Nov-1997

Publication: Bee

Author: STEVEB

Quick Words:

selectmen-historic-district

Full Text:

Flap Over Guard Rail Continues At Hearing

(with cuts)

BY STEVE BIGHAM

Newtown's guard rail controversy continues.

The Borough Historic District Commission conducted a public hearing Monday

night to discuss the town's recent decision to erect a double-set wooden guard

rail along Old Currituck Road. Residents of the area believe the guard rail is

visually offensive to the historic area and want it removed. They say it looks

like an exit ramp off Main Street.

But town officials say the rail was put up for safety purposes and have no

plans to take it down. Last year, a vehicle coming down Summit Road lost

control, crossed over Old Currituck Road, and came within inches of falling

over the embankment. A state statute requires that all elevated roads have

rails.

On the morning of October 30, workers arrived on Old Currituck Road to begin

construction of the rail. They were met immediately by residents who were

shocked to discover what it was they had come to do. Their request to have the

work stopped, at least until the Historic District Commission could issue a

certificate of appropriateness, fell on deaf ears. Eventually, neighbors used

their cars to prevent the workers from finishing the job. Last week, however,

the project was completed by the same contractor who did a large portion of

the town's sewer work.

Monday's hearing was not a typical public hearing as board members injected

their own opinions, making it clear to First Selectman Bob Cascella how

disappointed they were that they had not been contacted before the guard rail

work got underway.

"There was no effort to consult with the historic district," said member

Charles Fulkerson. "It seems like an arrogant disregard."

But the first selectman said that when it comes to public safety, there cannot

be any courtesies. Contacting the Historic District Commission never crossed

his mind, he said.

"None of you have ever been subpoenaed. None of you are liable for this. We

take public safety very seriously. We have no choice," he said.

Mr Cascella said there is evidence of an old guard rail on the road. Residents

disagree.

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. 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. Whether or not

that judgment will stand up still remains to be seen.

Board chairman Kathy Jamison understands the town's situation, but feels the

150-yard rail is a bit extreme for such a small road. "Can't it be made

smaller and/or less obtrusive?" she asked. Mr Cascella said the town may be

able to shorten the span of the rail and possibly plant shrubs in front of the

rail this spring to help camouflage it.

Craig Madaus of 4 Old Currituck Road has his own beef with the town, claiming

one section of the guard rail is actually on his property. He has a reference

map from when he bought his house in 1993 that proves it. Public Works

Director Fred Hurley said the property in question is indeed owned by the

town. He even sent a team out to survey the land earlier this month to prove

his point.

Mrs Jamison opted to keep the hearing open until more information is acquired.

The Historic District Commission's next meeting is scheduled for December 2 at

7:30 pm in Town Hall South.