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Town to seek agreement with property owner over brick sidewalk encroachment at 1 School Street
Summary
Select Board discussed a privately installed brick sidewalk encroaching on public right-of-way at 1 School Street. Staff said a draft agreement will require indemnification, owner responsibility for meeting town specifications or funding restoration, and possible reimbursement of legal costs; legal to draft and staff to meet owner.
Town staff told the Select Board on July 6 that a brick sidewalk recently installed at 1 School Street encroaches on public property and was installed without completing required town processes. The encroachment poses liability concerns because the sidewalk was not built to town specifications, staff said, and the town is currently legally responsible for injuries occurring on that portion of sidewalk.
Staff reported they are preparing a draft agreement to discuss with the property owner that would include indemnification of the town, a requirement that the owner pay for any future reinstatement to town specifications if the town later requires it, and a clause to cover legal costs if the town pursues restoration or enforcement. Board members debated options including immediate removal, a short-term pilot to assess brick performance across seasons, and penalties for repeat encroachments. Several members emphasized that the town should not reward unilateral alterations to the right-of-way and asked legal whether the town could recover costs. Staff said legal is drafting a letter and a proposed agreement and that they will meet with the owner and share the draft with the board.
Select Board members also asked staff to track legal costs and seek reimbursement where appropriate. Staff emphasized the town may have to act quickly if the sidewalk presents a safety hazard but also noted the business at that address could be harmed by immediate disruptive removal; staff said they will proceed with caution while pursuing an enforceable agreement.
Next step: legal will finalize draft language for an agreement and staff will meet with the property owner; the board asked for a timeline to resolve the matter before winter if possible.
