Chatham Township Committee Vacates Walkway Easment By 3-1 Vote; Legal Challenge Being Weighed
Friday, April 25, 2014 • 12:35am
CHATHAM, NJ - Carl Woodward, retired township attorney, said it was legal and the Chatham Township Committee followed with a 3-1 vote, adopting an ordinance that vacated a walkway easement that runs from Linden Lane to Pine Street at its meeting held Thursday.
Woodward concluded that since the township did not "accept" the dedication of the walkway plan by taking action to develop it, there was no legal requirement to keep it. The walkway had been shown on the tax map since 1956.
Carl Woodward advised the committee that it was legal to vacate the walkway easement in video below
After hearing Woodward's legal interpretation, Sarah Fechtner, who opposed the ordinance, asked that her attorney be allowed to answer Woodward's assessment. Mayor Kevin Sullivan denied the request, saying the public comment portion on the ordinance had been closed at the previous meeting.
"This is not a court of law," Sullivan said afterward.
Lawrence and Sarah Fechtner said they have 45 days to consider legal action. Lawrence Fechtner said he was "disappointed" that his lawyer was not allowed to speak before the vote was taken. Ms. Fechtner revealed she had a petition with 100 signatures opposing the vacation of the easement.
Committee member Kathy Abbott cast the lone dissenting vote on the ordinance, citing future considerations and environmental concerns.
"It would be possible for the path to be opened at little or no cost to the town by making it a wood chip trail," Abbott said. "It could be done with sensitivity to homeowners. A problem-solving approach, which would be a win/win situation."
Committee member Bailey Brower, Jr., had recused himself from the vote since he is a member of the Linden Lene Association.
Robert Gallop, Mayor Sullivan and Deputy Mayor Curt Ritter each voted in favor of the ordinance.
Gallop, who said he walked the area in question on Thursday morning, called it a "51-49" decision. Ritter noted that it would cost at least $50,000 to develop the walkway and that trees would have to be removed to accomplish such a project. Sullivan reiterated his assertion that there is "nothing there."