Right-of-way causing some pull between entities

By Ginna Young

Between the Lake Holcombe Lions Club park (Staudacher Field), the Big Minnow and Jesse Jones’ property on the east, there’s a town right-of-way, giving access to the property beyond. For some, the right-of-way is important to future development. For others, it’s only a hindrance.

Those for and against spoke their piece at a Lake Holcombe Town Board meeting July 8, on whether or not to abandon the right-of-way, with mention of a development of a truck/tractor pull in that area.

Less than two years ago, the matter was first voted down, after the majority of the board felt that the right-of-way was a greater asset to the town, if it was left the way it is. To reopen the discussion, the members of the winning side cast a motion to reconsider abandoning the road right-of-way.

“After talking to a lot of people about this, the way I understood… is that the Lions club gave that piece of property to the Johnson brothers, so they had access to that property, way back when,” said chairman Brian Guthman. “It only makes sense, that if we were to abandon it, that we give it back to the Lions club again.”

Guthman said the Johnsons no longer own the property and Jones now has access off State Hwy. 27.

“Except, we can’t do that,” said supervisor Doug Olson.

Olson says the town can only abandon the right-of-way so that each property owner divides the parcel evenly, with 33 feet to each owner, in this case, the Lions, the Minnow and Jones. Olson said there is still property back there that might be developed some time, so he feels the abandonment wouldn’t be a good thing.

“When it became the township’s and the Johnson brothers sold the properties, I bought the 25 acres so we could have some real estate,” said Terry Bowe, current owner behind the right-of-way.

Bowe said he does have other areas in which to access the property, but would need to move a lot of dirt and take out trees to do so. He says he uses the right-of-way carefully, so people don’t get upset.

“I feel it’d be devaluating my property and limiting me, to take it away,” he said, adding that the snowmobile trail ties in the existing roadway. “And if that roadway is taken away from our use, it will be taken away from the snowmobilers, because they use that roadway also.”

Lion Ray Guthman said the park is for the public, that the club doesn’t want to take away from the snowmobiles and that B. Guthman is correct; the Lions signed off on giving the right-of-way to the town, because the Johnsons said they had something “in the works.”

“We wanted to be a good neighbor,” said R. Guthman.

He also said the club has no agreement for a truck pull at that time, but were approached, with no action taken, because the organizers were without a real plan.

Olson said the right-of-way shouldn’t hold up any plans.

“It’s a public road,” said Olson. “It doesn’t have to be abandoned for someone to have access back there.”

Bowe agreed.

“That’s a big lot for this community and you’re shutting yourself off for something I feel is short-sighted,” he said.

For his way of thinking, B. Guthman said he would like to see the property possibly divided into lots for houses, which could be put on the tax base. However, Bowe says he would like to leave the area as green space for conservation, but if the town is set on developing, would be willing to entertain an offer.

“I guess you have to make a choice here,” said Bowe. “Hey, I’m not living forever. That property was going to go into a trust to stay there and right now, I can see it’s not being wanted…and access for possible development later, someday.”

R. Guthman said Bowe is losing nothing and that if the land returns to the Lions, he can still walk or drive in to his property if he wishes. Bowe says he isn’t comfortable in trusting that he can have access whenever he wants, just by word of mouth.

Before any motions were made one way or another, Olson raised some serious questions no one had thought of. While he mentioned that he does have to double check his facts, Olson threw those gathered for a loop.

“I don’t believe the Minnow can have three entrances, a property can only have two,” he said.

With that revelation, Olson believes that at the east end of the property exit, the Lions would have to move their driveway or they’d have come up with some solution with the Minnow.

“I think there’s more use of this town road than anyone here has really thought through,” said Olson.

The board agreed to table the motion to reconsider the abandonment and revisit the issue at a later time, as not enough information is available.

“The solution to that, would be to get some ducks in a row,” said supervisor David Staudacher.