Fence now works

SHARON —The fence on the property at 10 Dakin Road has returned, according to First Selectman Malcolm Brown, though nobody on the Board of Selectman has a problem with it this time.

"I went out there the other day and the fence has gone back up," Brown said. "But this time it’s an appropriate distance from the road."

The fence caused controversy in recent months when it was determined that a portion of it infringed on the town’s right of way and would potentially interfere with snowplows.

Donna J. Brooks, the town attorney, sent a letter to the owners of the property, Paula Josa-Jones and Pam White, instructing them to remove the portion of the fence no later than May 24. Failure to do so would have resulted in a daily penalty of $10.

On the eve of the deadline Josa-Jones and White complied with orders and removed a section of fence, which has since been reconstructed at a greater distance from the road.

The fence, discussed at a Board of Selectmen’s meeting Tuesday, June 12, was just part of a broader issue concerning the selectmen, that of objects within the town’s right of way.

"The problem isn’t just fences," Selectman John Mathews said. "There are objects all over town: rocks, decorative objects, even little poles, in the town’s right of way."

As defined by state regulations, the town has a right of way of 25 feet on either side of the center line for most roads. The problem with enforcing a town statute, which prohibits land owners from placing anything in this right of way without permission of the selectmen, is that some roads call for a greater right of way. In fact, according to Brown, right-of-way distances can vary within any given road, making it hard to determine if an object is in violation or not.

"I wouldn’t have a problem with any object on any road as long as they kept it 25 feet from the center line back," Selectman Tom Bartram said.

Reading aloud a letter from Brooks written in January, Brown noted that a lawsuit resulting from an accident involving right-of-way obstruction could wind up being a financial burden on the town.

"If the property owner’s insurance company cannot cover the damages, then the balance may fall on the state’s insurance company or even the state," Brown said.

While the selectmen decided that something must be done, further discussion was tabled until next month to give Mathews and Bartram an opportunity to review Brooks’ letter.Ellsworth Burying Ground

The board also discussed a fund set aside in the early 1990s by various benefactors to preserve the town’s eight documented cemeteries, particularly the Ellsworth Burying Ground.

The fund has collected interest of $20,000 a year, so the total has ballooned from $200,000 to more than $500,000 since being established.

Brown suggested that a committee be created to handle the distribution of the funds. While some of the listed cemeteries receive routine maintenance, a handful do not. Bartram even suggested the possibility of additional, undocumented cemeteries within Sharon, which have become overgrown and lost over the years. He cited a landowner on Tichnor Road who had expressed interest in preserving an undocumented burying ground there.

"All [the cemeteries] are part of Sharon’s history," Brown said. "We need to do a better job of taking care of them."