KILLINGTON — A dispute over placement of a mailbox in a state right of way has been brought to Rutland civil court.
The
dispute, involving Killington resident Josef Guggenberger and the
Vermont Agency of Transportation, has been ongoing since 2014, according
to documents.
The case was brought to Superior Court through an appeals process from the Vermont Transportation Board.
A pre-trial discovery schedule conference on the counterclaim is scheduled for Thursday morning.
According
to the decision and order from the Vermont Transportation Board,
Guggenberger originally filed a damage claim of $523.68 in Rutland civil
court to cover the cost of lumber for the mailbox structure and sod
that was placed in between two driveways.
The court ruled that
they did not have jurisdiction and dismissed it in December 2014. A
claim was then filed with the Vermont Transportation Board.
A hearing was held by the Vermont Transportation Board in March 2015.
According
to court documents, Guggenberger alleged that the agency had improperly
removed a “large sawhorse structure,” which had been placed in the
state right of way on Route 4, near the end of his driveway, in June
2014.
The board ruled in favor of the agency on April 21, 2015.
In their decision order they wrote that any damage that occurred was not
the result of the agency’s negligence and that the agency’s actions
were in accord with statutes and rules.
The board did, however, admonish the agency for “the way it conducted its affairs in this case.”
They
went on to say “adding further to this lack of good judgment was the
way in which the work crew handled its duties. Instead of simply
removing the entire mailbox apparatus, it left behind the mail and
newspaper boxes, lying on the ground like a pair of severed heads on top
of a pile of fresh dirt. To return home to find such a sight after
engaging in reasonable and polite written correspondence with the Agency
can only be described as chilling.”
“The Board is aware that
VTrans and Mr. Guggenberger have sparred in the past, and that the
mailbox incident was not their first run. Still, as keeper of the public
trust, the Agency is duty bound to take the high road and wield its
considerable power with respect and not stoop to such heavy-handed
actions,” the decision order read.
The agency filed a
counterclaim that Guggenberger has installed another “sawhorse
structure” as well as metal posts with reflectors behind the structure.
The agency requested an injunction requiring Guggenberger to remove the
existing structures as well as prohibiting him from placing anything
else in the right of way without a permit. The agency also requested
that Guggenberger be issued a penalty for each infraction.
The
issue stems from a dispute with a neighbor over a shared driveway
entrance in the state right of way that leads into two separate
driveways.
By Curt Peterson, Standard Correspondent
KILLINGTON — For an issue so controversial in other jurisdictions
that it attracted lengthy discussion at two previous meetings, the
Killington select board’s final consideration of their proposed new
firearm discharge ordinance drew a small crowd Tuesday night.
Before the meeting, select board chairman Patty McGrath told arriving
residents about an incident at her restaurant, the Long Trail Inn.
“On a fairly busy afternoon a couple came in, sat at the bar and
ordered beers. They were both wearing firearms, which made the bartender
ill at ease. I approached them and told them, very nicely, that we
appreciated their business and hoped they enjoyed their drinks, then
asked them if they would be kind enough to secure their guns in their
vehicle.”
The couple, she said, protested that they had a right to openly carry firearms in Vermont.
“I know you have the right,” she told them, “but I’m worried they will intimidate the other guests and our employees.”
They asked McGrath if she was intimidated.
“No, I’m not. If I were intimidated, I wouldn’t be talking to you right now. But that may not be true of the other people here.”
The story illustrates the fine line that the Killington selectmen
have tried to negotiate during the firearms regulation debate, which
started in April when several residents complained to the board about
recreational firearms use near recreational facilities on River Road and
other places in town. The proposed ordinance prohibits firearms
discharge within 200 yards of certain prescribed roads, and discharge
between sundown and sunrise. Police chief Whit Montgomery supports the
ordinance as, he says, “it gives us teeth when we get a call that
someone is shooting in a sensitive area or late at night.”
During the meeting resident Grace Staples pointed out that Vermont
Fish and Game prohibits discharging a firearm within 25 feet of a road,
and wondered why and how the town thought a 200-yard prohibition was
either legal or necessary. McGrath and selectman Chris Bianchi explained
that the ordinance does not limit legal hunting in any way, as towns do
not have that jurisdiction. The ordinance concerns recreational
shooting only, over which the select board does have purview.
Matt Meservey, who has participated in discussions about the
ordinance in the past, suggested designating just certain areas in town
seemed to be unfairly aimed at residents in those areas.
“Wouldn’t it be logical and more fair if the ordinance covered the entire town?” he asked.
McGrath explained that the ordinance is designed to be a compromise, a
prohibition that will protect residents walking on River Road, for
example, people using the town recreational facilities, library and town
offices, and the walking trails and waterways in that area, while not
imposing a general ban on recreational shooting in all of Killington.
“This may not be a perfect solution, but I think it’s a very good
attempt to have an ordinance that’s both effective and fair,” said
Bianchi. “In the end it may prove otherwise. We may even decide to scrap
it if it doesn’t work, but I think we should try it out as it is and
see how it goes.”
Town Manager Seth Webb added that the Recreation Commission had taken
a vote and has expressed unanimous support for the ordinance as
written.
All three selectmen voted to approve the firearm discharge ordinance,
which will be posted in town and advertised in local newspapers. Webb
then explained the new regulation will go into effect 60 days from the
date it was approved, unless the board receives a petition within 45
days, signed by at least 5 percent of the eligible voters, asking for a
public meeting and vote to either change or rescind it. Meservey asked
how many people have to sign a petition for it to be effective.
“There are about 900 eligible voters in town, so, at least 45 would have to sign the petition,” Webb answered.
Webb also said that he was looking into a possible Agency of Natural
Resources grant for up to $75,000 that might be used to “formalize” the
gravel pit on Route 100 near Gifford Woods State Park into a safe and
functional shooting range, a place where recreational shooters could go
to avoid impinging on other residents’ rights to peace, quiet and
safety.
“We might encourage firearms enthusiasts to form a group, something
like Friends of Killington Shooting Range, to help with obtaining the
grant,” he said.
Resident Jack Holding, who had spoken at the Sept. 1 meeting about
the dangers to pedestrians, bicyclists and vehicles presented by
drainage pipes that stick up above the ground at West Hill Road, noted
that his suggestion had been left out of the minutes for that meeting.
Webb noted that the omission would be corrected, then reported that
new state standards allow the pipes to be cut down to ground level,
making them safer.
“We will be adjusting as many as we can this fall, and we’ll be starting at West Hill Road,” he said.
The proposed Town Plan, with updated changes, was discussed by the
board. David Rosenblum said he thought the new plan blurred the roles of
the Town Plan and the Zoning Ordinance, with which the board generally
agreed. Two Rivers Ottauquechee Regional Commission was meeting
coincidentally as Killington’s discussion went on. Webb kept in contact
via phone with Town Planner Dick Horner at their meeting. The board
voted to approve the Town Plan as proposed, Webb informed Horner by
text, and a little later heard back that TRORC had accepted the plan.
Resident Alan Salomon brought up the lack of affordable housing in Killington, a topic mentioned in the Town Plan.
“There are people who work in and for the town who can’t afford to
live here because houses cost so much,” he said, suggesting that the
town should be doing something about the situation.
Chris Bianchi said the cost of land is so high that he doubts a
developer would buy lots to build affordable housing, as it would not be
practical. Selectman Ken Lee pointed out that some kind of cluster
housing or higher-density building needed to create affordable housing
would require community water and sewerage.
“We have very little sewerage, and no municipal water supply,” he said.
Salomon said Woodstock has high property values and they had built affordable housing, “so there has to be a way to do it.”
Bianchi said Killington Resort subsidized a bus that carried some of
their employees from and to Rutland where they lived. “It was made part
of their Act 250 permit,” he added.
Webb promised to do some research on the subject.
Webb’s town manager’s report included details for Killington
Restaurant Week, Sept. 20-26. “During that week 13 local restaurants
will offer specials priced to celebrate the height of Killington
Mountain’s peak, 4,241 feet. Some will offer two meals with wine for
$42.41, and the higher end places will offer one meal for $42.41.”
Other upcoming events are the annual Killington Brewfest on Oct. 3,
and Killington Oktoberfest, sponsored by the town, Oct. 9-11.
KILLINGTON — Thousands of “Spartans” amassed
on the mountain over the weekend, charging at a variety of obstacle
courses like their namesakes faced down the Persian army.
For the
fifth year, the town hosted Spartan Race, a test of endurance, strength
and grit that has grown in popularity internationally.
“We’re
looking at 8,000 to 10,000 (racers) and 6,000 spectators,” said Jeff
Alexander, the Killington ski resort’s events and sponsorship manager.
“We have almost 20,000 people this weekend.”
Throughout Saturday
and Sunday, the Spartan racers lined up and struck out on the mountain
inclines. Scaling walls, jumping fire and climbing ropes were just a few
of the obstacles the Spartans were confronted with.
From
4½-mile runs treated as sprints to 29-mile treks called “Ultra-Beasts,”
the thousands of rookie and veteran competitors worked to overcome
obstacles and slopes.
The course began at the Ramshead Base Lodge and came to a close near Snowshed Base Lodge.
Montreal resident Nancy Bourassa won the women’s “Beast” division — a 14½-mile course — Saturday, claiming a $500 prize.
She
placed 11th across all divisions Saturday with a time of four hours and
eight minutes, she said with a heavy French accent. On Sunday, an
excited Bourassa was handing out medallions to racers crossing the
finish line.
“It was hard,” she said, tilting her arm in a slope
to symbolize Killington’s steep terrain, searching for the right word
and asking “How do you say?” before accepting a suggestion of “incline.”
An
exercise enthusiast and veteran of about a dozen Canadian Spartan
Races, Bourassa said Killington is among the most difficult courses due
to the mountains and naturally made obstacles. One man-made challenge,
hoisting up a sandbag with a rope, gave Bourassa particular difficulty.
She never considered quitting, she said, because the race is designed to wear you down.
“When you give your max, it’s always difficult,” Bourassa said. “It’s always rushing.”
Norm Koch, a race director and Spartan Race course designer, said Killington’s 4,000-foot incline makes it a unique canvas.
“There’s
a lot of ups-and-downs, bushwhacking,” Koch said of the Killington
course. “We use any natural feature … so it’s not a trail run or road
race.”
Describing his trade as part art, part architecture, Koch
said he’s learned the ins-and-outs of environmental law and permitting
during his work designing courses across the world, in locations
including Killington, France, Montana and the Czech Republic.
“There are a lot of technical aspects,” he said, “but it’s all about having a flow and overall style.”
With
so many thousands of visitors, the Snowshed lodge became base camp for a
village of competitors. Food trucks and a beer pavilion offered food
and drink, and several health and fitness product vendors set up shop.
Racers
walked around in droves, their running outfits ranging from all black
to pink leopard print. Heats of racers jumped a line of burning logs and
lunged across the finish line, then slung arms around each other and
posed for photographs as energetic music — carefully chosen to keep
athletes pumped, according to entertainment director Senneca Reyes —
blared in the background.
The teenage Hirschbuhl brothers of
Woodstock entered the Spartan Race after one of their teachers offered
students a discount code.
“So instead of paying $150, it was only $18,” said 17-year-old Michael Hirschbuhl.
Hirschbuhl
and his brother, 14-year-old Wade, ran in a sprint Sunday. It was their
first Spartan Race and they said they didn’t want to overwork
themselves in the Beast or Ultra-Beast categories.
But after nearing the finish line, the boys said they wanted to press on.
“We came to a split in the trail where it said ‘Beast’ on one side and ‘Sprint’ on the other,” said Michael Hirschbuhl.
Wade Hirschbuhl said they almost continued onto the Beast course.
“It felt like we could keep going,” he said.
Alexander
said the Spartan Race is part of Killington’s push to build up the ski
town as a summer destination and not just a winter one.
With new
events like the Dirty Girl Mud Run, Jamaican Jerky Festival, the
Spartan Race and an upcoming Pro GRT “Beast of the East” downhill
bicycle race set for next year, there is “…no doubt, it’s how we’re
going to build summer out,” Alexander said.
Killington has been looking at expanding its
sidewalk infrastructure, taking an analytical look at roads, attractive
connectors and existing pathways.
When one thinks of the Town of Killington,
it is hard not to think of Killington, the resort. That is how I was
first introduced to the area, long before I lived here: Killington is
skiing.
Now that I am a Rutland resident, I know Killington to
be much more. The town is doing a lot to accommodate pedestrians and
bicyclists of all ages and abilities, year-round residents and visitors
alike.
Of course, the resort greatly influences town planning.
For more than a decade, proposals for a village-like resort center have
been part of town — and regional — conversation. Integral to that
conversation has been transportation; regionally focused, with
considerations for the Bus, and locally — even hyper-locally — focused,
with considerations for guest parking at the resort and pedestrian
travel within the town during the day and après ski.
More
recently, the Town of Killington has been looking at expanding its
sidewalk infrastructure, taking an analytical look at roads, attractive
connectors, and existing pathways. If this concept of network planning
sounds familiar, it is. What Killington is doing fits right into
Complete Streets planning, something that towns all over our region are
beginning to discuss and embrace.
Conversations about Complete
Streets in Killington started back in April when a number of
representatives from Vermont Local Roads, along with Jon Kaplan of
VTrans, presented at the monthly Planning Commission meeting. Since the
law encourages municipalities to develop their own Complete Streets
plan, town planner Dick Horner is looking to the Killington Planning
Commission to use the lens of Complete Streets as they move forward in
road repair, infrastructure improvement and future development. And that
is just what the town is doing.
From planning sidewalks and crosswalks to new bench placement, Killington is thinking comprehensively.
The Bus, which offers a vital service to residents and resort employees alike, has joined multiple planning discussions.
Many
establishments offer shuttles, but often destinations are within
walking distance of each other, making the case for pedestrian pathways
and sidewalks. Additionally, creating a network of pedestrian paths from
concentrated condominium locations out to entertainment venues would
reduce on-road traffic.
Another consideration is alcohol.
Increasing the availability for safe means of transportation, such as
sidewalks and shuttles, reduces unsafe use of the road, both by vehicle
operators and pedestrians. Getting folks out of their cars, and off the
roadway, during high-risk times of day and night makes Killington a
safer place for all to enjoy.
Kimberly Griffin is the director of
the Rutland Area Physical Activity Coalition (RAPAC) whose mission is
to promote and increase bicycle and pedestrian activity in Rutland
County. kimberly.rapac@gmail.com
KILLINGTON — A proposal to change the
signage at the intersection of Killington and West Hill Road was not
received well by town residents.
In fact, nearly a tenth of the
town — 72 voters — signed a petition demanding the town “cease and
desist any and all actions, considerations, studies, temporary closures,
and legal proceedings pertaining to the changing of the traffic pattern
at the junction of West Hill and Killington Road.”
The petition
specifically objected to “the removal of the ‘West Hill Road’ street
sign at the top of West Hill Road Slip Lane, the installation of a Stop
or Yield sign at the bottom of the West Hill Road Slip Lane and the
removal of the Yield sign for traffic merging into West Hill Road from
the Killington Road traffic light.”
And just in case the
Killington Select Board was unclear about its wishes, residents packed
the town offices at a board meeting Tuesday night.
They needn’t have come out swinging so hard.
The
board had asked for an opinion from a traffic engineer from the
consulting firm DuBois and King about how to proceed with West Hill
Road. And her advice was exactly in line with what they wanted, Town
Manager Seth Webb told the assembled crowd.
Like residents in
their petition, the traffic engineer recommended keeping West Hill
Road’s yield sign exactly where it is, and recommended against
installing a stop sign where the slip lane meets West Hill.
But
with so many residents present, Selectwoman Patty McGrath took the
opportunity to poll them about what they wanted for the road to mitigate
speeding problems.
Many ultimately suggested things already
under consideration by the board: more speed limit signs, better
enforcement, signs prohibiting trucks and assigning a weight limit to
vehicles, and the trimming down of the vegetation in the island. And per
several residents’ requests, Select Board members also directed staff
to explore installing a sign warning drivers about West Hill’s sudden,
steep curves.
“On the issue of West Hill signage, the Select
Board, traffic engineer and citizens were all in consensus about what
needed to be done. And we’re proceeding with that plan,” Webb said
Wednesday.
Vermont Standard By Curt Peterson Standard Correspondent
KILLINGTON — Fifteen minutes before Tuesday’s Select Board meeting was scheduled to begin, the Killington
Town Hall parking lot was full. Downstairs more than two-dozen
residents were seated. Asked on his way into the meeting what was going
on, Town Manager Seth Webb said, “It’s the West Hill Road issue.”
West Hill Road connects Vermont Route 4 with Killington
Road, the main artery in town. Where they meet, there is a “slip lane,”
a split in the road, one lane of which facilitates turning from West
Hill onto Killington. There are
numerous references to slip lanes on the Internet; almost all of them
describe an intersection where drivers in the slip lane are required to
yield the right-of-way to drivers on the main road, in this case, Killington Road. However, at Killington’s intersection, Killington Road drivers are meant to yield to drivers coming from the slip lane.
It’s been like that at least for many decades, according to residents, and they want to keep it that way.
Seth Webb said the select board received a petition signed by 72
voters, which is about 5 percent of the eligible voters in town,
demanding that the select board “cease and desist” planning or making
any and all changes in the West Hill Road/ Killington Road slip lane intersection.
Chairwoman Patty McGrath took charge following Webb’s announcement,
and made a list of attendees who wished to speak on the subject.
“We want to hear everybody,” she said. “I’ll call on you in the order
on this list, one at a time, and we’ll hear what each of you has to
say.”
She then explained that two
consultants had advised the town that there wasn’t enough traffic at
the intersection to warrant a slip lane, but that the board was not going to take their advice to do away with it.
McGrath went on to say that the signage changes were not going to
alter traffic patterns or rules at the intersection, that the proposed
addition and movement of signs were all for increased safety only.
“We need to decide once and for all whether we want West Hill Road to
be a residential road, or a thoroughfare,” she said. “For years only
locals, including residents, second home owners and Killington
regulars knew about the road and used it. Now GPS has changed
everything by telling drivers the quickest way to Boston is West Hill
Road. There’s nothing we can do about that, but we can try to control
the safety issues.”
Selectman Chris
Bianchi said the change most residents were against was changing
traffic patterns so drivers in the slip lane had to yield to those on Killington
Road. “I don’t think they are really concerned about moving the signs
or adding signs, as long as traffic direction doesn’t change.”
Vito Rasenas suggested a “slow” stencil in the road, and “steep grade ahead” or “dangerous curve” signs to slow drivers down.
Diane Young pointed out that in the winter, when Killington
has the most out-of-town traffic, stencils on the pavement would be
covered with snow. Several other residents spoke about noisy groups of
motorcycles, and about trucks using the West Hill Road shortcut. Most of
the discussion cleared up misunderstandings and misinformation.
When all had spoken their peace, McGrath summed up the discussion.
“Let me say right now, the slip lane is here to stay. Our concern is
about safety. We’ve heard from you, and here are the things we plan to
do: Provide new, wider shoulders for pedestrians; Installation of a
sign package we’ve described, which should
make the intersection more clear to drivers, and hopefully slow them
down; An enforced weight limit that will prohibit larger trucks using
West Hill Road; We’re going to look into making the clean-out pipes for
the culvert safer for bicyclists; Trimming trees and growth on the
island to improve visibility; Try to encourage local traffic only, and
get drivers to lower their speed.”
Jim Haff cited some anomalies in the current roads ordinance that do not
reflect reality, which McGrath said the board was also planning to
update.
Police Chief Whit
Montgomery and Road Foreman Chet Hagenbarth both provided input
regarding ways the intersection could be improved without making
traffic pattern changes. Attendees seemed satisfied when the West Hill
Road slip lane discussion was finished, and half of them left.
Webb discussed the third annual International Downhill Throwdown
skateboard and trike competition, which is requesting use of town roads
for four days, Sept. 16 through 19. Selectman Ken Lee voiced some
concern about post-event freelance racing on the roads in the past,
which he thought might be dangerous and present liability for the town,
and Chris Bianchi asked if the town was paying for police security for
the event, which had been a three-day affair in the past. Webb said he
would negotiate with IDT to recoup some of the security cost. The event
is expected to draw 150 competitors.
To answer Lee’s concern, Webb said, “The producer organization
indemnifies the town with their insurance coverage, and they get all
the competitors to sign waivers.” Chief Montgomery said he would see
that the area was patrolled after the actual racing to make sure there
were no maverick activities.
Comment: Interestingly enough, while McGrath stated two consultants said there was not enough traffic to warrant a slip lane, the article does not mention that the traffic engineer from one of those consultants, whom the board asked to assess the proposed traffic pattern change, told them that same lack of traffic warranted no changes. Thanks to all who supported the effort by signing the petition and/or attending the meeting. It definitely made a difference.
