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Trustees bow to Wisner Road property owners
(by Joseph Koziol Jr. - April 28, 2011)
Trustees bow to Wisner Road property owners
By JOSEPH KOZIOL JR.
Chardon Township Trustees reversed their position last week on supporting the abandonment of a stretch of Wisner Road.
Trustees voted unanimously to rescind a resolution passed earlier which supported the vacation of an approximately half-mile stretch of Wisner Road, between Kirtland-Chardon and Mitchell Mills roads.
That section of roadway has been washed out for nearly 30 years and provides access to only two properties, one owned by Holden Arboretum and another held in trust and used as a summer cottage. Trustees had given up on the idea of re-establishing the road after receiving estimates in the neighborhood of $3 million.
Trustee Steven Borawski said trustees took the action after hearing from representatives of Holden Arboretum and the summer cottage property, as well as residential neighbors. All opposed the abandonment of the roadway, he said.
Mr. Borawski said the representative from Holden indicated they were not in favor of assuming responsibility for a bridge along the stretch of road that the abandonment would transfer to Holden for ownership.
He said residents said they opposed the action because many of them walk or ride horses along the stretch of road.
Because the township had included a provision in its original resolution, stating the township would not support the abandonment if property owners objected, trustees agreed to pull their support.
He said he did not know whether the rescinding of the resolution would affect Geauga County Commissioners' decision in the matter. A public hearing before county commissioners, who make the ultimate decision, is scheduled for April 26.
Geauga County Engineer Robert Phillips said, while commissioners may take into account the property owners' objections, it has no legal bearing on the ultimate decision. He said commissioners could still move to abandon the roadway, even if they all object to the action. "At the end of the day, the commissioners make the decision," he said.
Mr. Phillips said, if the abandonment proceeds, those now using the road would likely have to seek permission from property owners to continue using it.
However, he said, many of those now riding or walking often leave the public roadway and walk through the wooded areas alongside it. He questioned whether they're already trespassing on property.
Mr. Phillips also questioned why trustees bothered to include the provision about objections from property owners and residents. He said trustees had already heard from Carl Henderson, a caretaker of the land held in trust, before approving the resolution. He said Mr. Henderson had expressed reservations about the abandonment before trustees passed the resolution.
"They already knew people would object," he said.
If the abandonment does not get approval by commmissioners, he said, the county remains responsible for two bridges along the road.
However, he said, even if the township spends no further money on the road, it could still be held liable.
"Even if it doesn't cost them any money, they still have that liability hanging out there," Mr. Phillips said.
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