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Property owner seeks Selectboard review of access near Old Hospital Road under Section 30‑646
Summary
Nick Berthiaume told the Selectboard a neighbor’s newly permitted driveway encroaches on his deeded access easement and obstructs his ability to upgrade a Class 4 road; staff advised he may petition under Section 30‑646 to upgrade the road, and the owner was advised to consult an attorney.
Property owner Nick Berthiaume told the Selectboard the newly permitted private driveway near Old Hospital Road was built within the Old Hospital Hill right‑of‑way and within his 20‑foot access easement, which he said obstructs his ability to upgrade the Class 4 road to Class 3 and raises concerns about snow storage and drainage.
Town Manager Scott Pickup responded the driveway permit was lawfully issued off a Class 3 road, that driveway permits cannot be issued directly to Class 4 roads, and that the Selectboard's authority under Section 30‑646 is limited to petitions to upgrade a Class 4 road to Class 3 with costs borne by the applicant. Mike Martin clarified that a landowner seeking buildable access via a Class 4 road must petition the board to upgrade it and accept associated construction costs; any change to the neighbor’s approved driveway would be a separate legal matter.
Why it matters: the dispute implicates deeded access easements, town driveway permitting standards and road classification; the board took no action on the driveway itself and advised the owner to consult an attorney and, if desired, petition the Selectboard formally under Section 30‑646.
Next steps: owner advised to consult an attorney and consider petitioning the Selectboard to upgrade the Class 4 road under Section 30‑646; the board will not act on the driveway without a formal petition.
