Council denies fence request

By Joseph Cyr
Staff Writer
    HOULTON — The Houlton Town Council shot down a local man’s request for a letter of support for a fence he erected.
    Scott White asked the town council June 13 to write a letter of endorsement for his fence so that he could petition the state Department of Transportation to leave his fence up. The fence, located on the corner of Washburn and North streets, was erected in the town’s right-of-way. Because Washburn Street is a state-aid road, White needed to seek a waiver from the DOT and was asking the town to send a letter of support on his behalf.
    “This is kind of a unique situation,” Houlton Town Manager Doug Hazlett said. “Mr. White built a fence that ended up being in the right-of-way. There is an article that allows municipal officers to petition the Commissioner of the Department of Transportation to allow a fence to exist on a state-aid road by granting a waiver.”
    Hazlett said if the council approved the request, the town would draft a letter of support for the waiver, but that did not necessarily imply it would be granted by the state.
    White addressed the council and explained he felt the addition of the small picket fence actually added to the traffic flow in the area.
    “It is in the town’s best interest,” White said to the council. “It is a better flow of traffic. No more are people shooting by the person at the stop sign, over my lawn. It is a better flow of people too.”
    The fence was located around White’s property and came within a couple feet of the road. White said he was willing to remove the fence in the winter to accommodate for plowing.
    Several councilors expressed trepidation in granting the waiver request, claiming it would set a precedent for others in the area to build fences within the right of way.
    “I don’t think approving this would be in the best interest of the town,” said councilor Sue Tortello. “I’m afraid it opens up the town to a great deal of liability. I also think it sets a precedent.”
    White then expressed his frustration with the council.
    “As I understand what you are stating is you would like me to not take advantage of a law that exists,” he said. “The town’s not allowing the fence to be there. The state would be the one to decide if it could stay. Am I to assume that I am being refuted because the town doesn’t want to bother? I am only using the law as it is written.”
    Councilor John White asked if there was any way for the fence to be modified, by moving it back.
    “If I followed the letter of the law, the fence would be behind the trees [on his property],” Scott White said. “It would completely get rid of keeping people from walking and cars crossing my property.”
    The council unanimously voted not to sign a letter of endorsement for White. The fence was moved back, within acceptable limits, earlier this week.