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Ordinance Change Put On Ice After Concerns Regarding Sidewalks

Residents of Frost Street in the Plantsville section of town said they are unwilling to bear the burden of having sidewalk responsibilities returned to them after years of neglect.

Residents along Frost Street had a clear message for members of the Southington Town Council Monday evening: we do not want the town’s decaying property.

A concerned group of nearly two-dozen came before the council Monday evening, expressing anger that the town would place the liability associated with the neighborhood’s 40-year-old sidewalks in the hands of the residents despite a promise years ago that the town would maintain responsibility indefinitely.


“The rights of sidewalk ordinance was established in 1970, and the town said it would put in and maintain responsibility for the sidewalks forever,” said Robert Peterson, resident of Frost Street. “The decision was made because of Strong Elementary School opening and the council confirmed would maintain them in snow removal forever...the town should be honoring agreement made in 1970 until Strong Elementary School closes.”

The concerns were raised during a public hearing at the council meeting into changes proposed to town ordinances.

As part of the ordinance review, Councilwoman Cheryl Lounsbury said a committee looked to update language for several ordinances, including one that addressed town liabilities and responsibilities for sidewalks used as school access ways.

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Lounsbury said the town approached the Board of Education to obtain a current list of schools and eliminate town responsibilities in areas that are no longer used for school purposes, such as at the old Marion Schoolhouse or the former North Center School, which now serves as the Municipal Center.

As a result of the new list, Frost Street – a point about 1 mile from the school by road – would no longer falls within the list of town responsibilities. That means residents would now be responsibility for clearing the sidewalks of snow and debris and maintain liability for them.

But with sidewalks that haven’t been replaced or repaired in 40 years, residents said it’s an unfair burden to suddenly place the responsibility on them.

“If you want the sidewalks there, you clean it. Otherwise I’m taking it the hell out,” said Richard Ahearn Jr.

In front of 203 Frost St., the decay is visible every day said owner David Niezgorski, but never more so than after a considerable storm. The foundation has deteriorated to a point that any heavy rains bring a pool of water sitting in front of his home.

Things have gotten so bad, in fact, that Niezgorski said he wouldn’t be comfortable taking on liability for any injuries that may be caused at the edge of his property.

“I want these sidewalks repaired, then I would have no problem doing what have to do to maintain it,” Niezgorski said, “but they shouldn’t be given to us in condition it’s in right now with new responsibilities for us.”

It’s a concern now shared by members of the Southington Town Council, who unanimously voted to table a vote on the changes and sent the language back to the ordinance review subcommittee. The committee will address language and look at the concerns before returning a new recommendation for a second public hearing.

Councilman John Barry said it’s the right thing to do, especially given the circumstances brought up by residents.

“I wasn’t aware of the condition of the sidewalks are in,” he said. “It’s unfair to you as property owners for town to give sidewalk that in poor condition and needs work.”

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Leonard February 26, 2013 at 11:24 am
“'If you want the sidewalks there, you clean it. Otherwise I’m taking it the hell out,' said Richard Ahearn Jr."
Now there's an idea that makes sense. If it's his, he can do what he wants! What the town should be doing is not trying to divest itself of responsiblity for sidewalks at all. This has been a scam from the beginning. The town should really be taking responsibility for all sidewalks in town. It is unrealistic to heap on the back of homeowners where sidewalks are installed a financial burden to maintain them when they obtain little direct benefit. Consequently, is it any wonder they are decrepit in general and never shovelled after a winter storm? And have the Councilors taken a stroll along Berlin Ave. lately? Now there's a clear reflection of how homeowners take care of sidewalks. The town powers that be have millions for education and sports but dump the costs of general civic needs on its citizens or they're not done at all. What's next, Gary and the Circus of Clowns, requiring each homeowner to install and maintain streets in front of their house?
ITSme2013 February 26, 2013 at 02:30 pm
The issue was snow removal of sidewalks near public schools. Why have these people allowed the sidewalks along their properties to decay? Maybe things were different in the Strong School part of town, but other than the total replacement 60/40 cost split with the town, all of our sidewalks upkeep and maintenance is our family's responsibility.
Hugh Cares February 26, 2013 at 03:33 pm
Why not during the blizzard my neighbor had to open the road up with the plow on his pick up
Hugh Cares February 26, 2013 at 03:41 pm
The other issue is this town pampers to kid back in the 70's kids that lived less than a mile from school had to walk. Now if they live a 100 yards away from the school they get a bus. Talk about childhood obesity.
Debra Dawidowicz February 26, 2013 at 04:14 pm
Not true at all. Its still if you live a mile or less you walk. My kids were always walkers, and the kids here still are.
Steve B. February 27, 2013 at 01:05 am
I am torn on this issue. I wish there were more sidewalks so that I would not have to risk my life walking along the roads while so many cars speed and their drivers talk and text. On the other hand, I don't want to be saddled with their upkeep - or be subject to a liability suit if someone trips over their own toes. The town considers x feet from the center of the road to be "town property" - and in places they maintain the brush that grows there - so why is the town not responsible for snow removal? I'd be happy to pay higher taxes to support those little sidewalk snowblowers that West Hartford uses.
Stu Pedassel February 27, 2013 at 11:23 am
This is a side comment.
I think what's becoming very interesting with all the corruption going on in Southington government that they have now convinced the Meriden Record-Journal to not allow comments with the following boiler plate " Your comment cannot be accepted due to the presence of profanity. Please remove any objectionable content from your comment and try again." You can type "Daffy Duck" as the comment and you will not post. Pretty much everything pertaining to Southington. Guess they have some nice friends at that paper. So much for freedom of speech! Thank you, Jason, for keeping this open for all opinion (other than the truly obscene). You're an American.
Josemite Sam February 27, 2013 at 11:32 am
Probably because Art Cyr has connections with Eric Cotton, Managing Editor of New of the R-J and son of Town Clerk Leslie Cotton (R). :-)

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Shar Mc C June 16, 2013 at 07:43 am
Where in Southington did you see the bear?
JChar June 16, 2013 at 07:28 pm
Marion Avenue on Saturday