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Neighbors urge delay as Batesville planners discuss converting private driveway to private street
Summary
Commissioners heard an extended, information-only discussion about a proposal to convert a 12-foot driveway within a 50-foot strip into a private street serving three 5‑acre parcels; neighbors raised title, prescriptive-use and connectivity concerns and urged the commission to wait for surveys, cross-sections and absent owners to participate.
The Batesville Planning Commission opened an information-only discussion about a request to convert an existing 12-foot private driveway contained in a 50-foot strip into a private street that would serve multiple 5-acre parcels. Commissioners and staff repeatedly emphasized that the item was for discussion only and that no vote would be taken until legal and technical issues are resolved.
An applicant representative explained the narrow purpose of the proposal: to allow three parcels to be served by a private street meeting the fire department’s minimums so the parcels could be sold as separate five-acre lots. The staff overview noted that utilities run within the 50-foot strip and that the fire department requires a 20-foot roadway and a 75-foot-diameter cul-de-sac for emergency vehicle turnaround. The representative said the current driveway is approximately 12 feet wide and would have to be widened, with a roadway agreement obligating the parcel owners to maintain the private street.
Neighbors asked the commission to slow the process. "I live across the street and I'm a lawyer here in town," said Eric Moore, who told commissioners that title records show a 50-foot strip listed in one owner's name but that decades of use and maintenance by adjacent property owners could create prescriptive rights. Moore urged a pause so absent neighbors and property owners could review title and easement issues.
Mark Lambert, who identified himself as representing James Town Investments / Asphalt and Parker Materials, raised concerns about public notice and asked that the proposal be slowed so owners not present can participate. Several commissioners and staff noted that for a private street to be considered the parcels must meet the zoning requirement that lots be more than five acres (not merely five acres) so the proposal would not be treated as a subdivision. Staff and commissioners also said the application must include survey meets-and-bounds, street cross-sections, and any requested waivers in writing.
A planning staff member summarized the commission’s position: until staff can certify the application is complete — including legal instruments and technical cross-sections — the commission should not act. Commissioners said the matter will return when the application is complete and outstanding legal questions about ownership, master instruments and the potential for future public dedication are resolved.
