Town of Weathersfield, Vermont
Report of the Select Board of the Town of Weathersfield, Vermont,
on Proceedings to Reclassify a portion of Cady Hill Road
from a Class 3 Highway to a Trail
Pursuant to the Town of Weathersfield Selectboard’s motion to reclassify a portion of Cady Hill Road, and the procedures in 19 V.S.A. section 708, et seq., at 6:00 PM on Monday, November 19, 2018, the Town of Weathersfield Select Board conducted a site visit to Cady Hill Road to examine the road. Immediately following the site visit, the Select Board convened a Public Hearing at Martin Memorial Hall (5259 US Route 5 in Ascutney) on whether to reclassify a portion of Cady Hill Road from a Class 3 Town Highway to a Trail. At the conclusion of the November 19, 2018, Public Hearing, the Public Hearing was closed, and it was determined that the decision from this hearing would be made at the normally scheduled Selectboard meeting on December 3, 2018.
A copy of the Notice of the November 19, 2018 Site Visit and Hearing was posted on October 8, 2018 in the Town Clerk’s Office, Martin Memorial Hall, Weathersfield Proctor Library, Perkinsville Post Office and the Ascutney Post Office. On November 9, 2018, a copy was published in the Valley News, the Town’s designated Newspaper of Record.
A copy of the Notice of the November 19, 2018 Site Visit and Hearing was also sent by certified mail with return receipt requested on October 9, 2018 to the following abutting property owners:
Return receipts indicate that three property owners received notice of the Site Visit and Hearing. We also received a letter and an email from two other property owners prior to the hearing.
The November 19, 2018 Site Visit was attended by Select Board members N. John Arrison and Tom Leach; Town Manager Ed Morris; Highway Department Superintendent Ray Stapleton; and by abutting property owners Eric and Sarah Taylor. All six attended the November 19, 2018 Public Hearing along with Select Board Members Daniel Boyer, C. Peter Cole, Kelly Murphy, and community members Jeff Epstein, Paul Tillman, Mark Girard, Carissa Hodgdon, Vincent Graziano, Darlene Kelly, Jessie Hanson, Neomi Graziano, Colby Hodgdon, George Ainley, Julie Levy, Josh Dauphin, and Tracy Dauphin
Interested parties present and participating:
Vincent and Neomi Graziano
Eric and Sarah Taylor
Julie Levy and George Ainley
Findings of Fact
- Cady Hill Road East from Perkins Hill Road to Weathersfield Center Road is a .6457 Miles +/- of Class 3 Town Highway. As a Class 3 Town Highway, this portion of road is maintained by the Town.
- Cady Hill Road was laid out by a survey dated 1786 and recorded in the Town Clerk’s office in Volume 2 Page 90
- On June 22nd, 2018 Patty Kelly approached the Selectboard with a concern about the safety of Cady Hill Road.
- At the same June 22nd meeting, Ray Stapleton expressed his safety concerns of the intersection, and concerns about long term maintenance of this hydraulically-connected section of road.
- The Selectboard asked that the Police Chief be consulted about the safety of the road, and that Ray Stapleton conduct research into the cost of bringing Cady Hill up to Town Road and Bridge Standards as defined in state document A-76 and Act 64 (Municipal Stormwater General Permit) standards.
- The Police Chief advised that there had been two minor accidents on that section of Cady hill over the past year and noted that many slide offs and other non-reportable incidents have occurred at this location.
- Ray Stapleton worked with Meghan Brunk from VTrans who estimated a cost of $413,000, to improve the section from Weathersfield Center Road west down Cady Hill Road approximately 900 feet.
- The Fire Chiefs were asked their opinions over the reclassification, and Chief Dauphin responded that because of the tight turn and safety issues of using that road, fire apparatus would use Perkins Hill to gain access to the effected properties along Cady Hill.
Conclusions of Law
After considering the proposal to reclassify 700 feet of Cady Hill Road (From Center Road West to the Driveway access to Parcel # 08-01-34) from a Class 3 Town Highway to a Trail, and after hearing the parties interested, we find that:
- The safety of the Town of Weathersfield requires that 700 feet of Cady Hill Road (From Center Road West to the Driveway access to Parcel # 08-01-34) be reclassified from a Class 3 Town Highway to a Trail; and
- The public good of the inhabitants of the Town of Weathersfield requires that 700 feet of Cady Hill Road (From Center Road West to the Driveway access to Parcel # 08-01-34) be reclassified from a Class 3 Town Highway to a Trail; and
- The Town will place barriers at the east and west entrances to the portion designated as a trail to restrict vehicular access; and
- The Town will have a new survey completed to confirm this reclassification
Now therefore we order that 700 feet of Cady Hill Road (From Center Road West to the Driveway access to Parcel # 08-01-34) be reclassified from a Class 3 Town Highway to a Trail.
Dated at Weathersfield, Vermont, this 3rd day of December, 2018.
Kelly Murphy, Chairperson
- Peter Cole, Vice-Chairperson
Norman John Arrison, Select Person
Thomas Leach, Select Person
Daniel E. Boyer, Select Person