Norwich
The railroad must also reach a settlement with at least one abutting resident, John Roback, for the loss of property rights incurred by closing the crossing, which is preserved as a right-of-way in the deed to his land.
Roback and other neighbors along the northern end of the Kendall Station neighborhood had fought a decision by the railroad, a subsidiary of the Vermont Rail System, to close the crossing leading to Route 5 for fear of collisions.
Kendall Station Road runs roughly parallel to Route 5 and is connected to the larger thoroughfare by two railroad crossings, the northern of which will be barred under this order.
Roback on Friday said he had only recently received the transportation board’s ruling and hadn’t yet decided whether to appeal.
“It’s not just up to me how we’re going to move forward,” he said in a telephone interview. “I like to think it’s a neighborhood issue. I think I need to give everyone a chance to read it and talk over the weekend — just digest it.”
The transportation board visited the site and collected testimony in May. On Aug. 10, it ruled that the old farm crossing, what dates back to 1911, should be permanently closed.
Board members in their 12-page decision noted that “the steep slope down from Route 5 to the crossing, inadequate distance between the slope and the tracks, other topographical constraints, and the lack of plowing and maintenance have caused cars and trucks to become stuck on the tracks.”
They added, however, that the Washington County Railroad Company had made “no attempt to reach agreement” with the surrounding property owners before barring the crossing and had not asked the board’s permission to do so.
The transportation board will impose a $500 fine for each of those actions.
Within 60 days, the railroad must consult the residents and create a closure plan that incorporates potential emergency use for the crossing and aesthetic considerations for its replacement.
The railroad company by the same deadline must also negotiate compensation for lost property access with Roback and another landowner with a claim to the right-of-way.
Finally, the ruling said, the Vermont Transportation Board will open an inquiry into the southern railroad crossing in response to safety concerns raised by residents.
Rob Wolfe can be reached at rwolfe@vnews.com or at 603-727-3242.
