Three owners of properties along the west side of State Route 28, at locations north of Old Forge, approached the Town of Webb Board on Tuesday, to talk about their desire to cut driveways to their properties, which at this point are undeveloped.

The property owners were Donald Gooley, David Gribneau and John Johnson.

The properties at issue are located along the stretch of Route 28 that runs to the side of Fourth Lake.

To this point, the Town of Webb has denied permission for driveways along this stretch, as they must bisect the town’s 50-foot right of way.

The town has historically contended that this in turn would create an undue safety hazard, since Snowmobile Trail 5 runs through this right-of-way.

Due to the town’s previous refusals to grant driveway access to these properties, the three property owners have retained Old Forge lawyer George Villiere to represent their concerns.

Mr. Villiere outlined his clients’ position to the board.

He made it clear that his clients were not asking for permission from the board to build the driveways.

Rather, he said, the purpose in addressing the board is to work with the board in assuaging any safety concerns the board may have, and to come up with an agreeable driveway arrangement.

The right to build driveway access is inherent in his clients’ ownership of their property and cannot legally be denied by the Town of Webb, Villiere said.

Town Attorney Richard Frye said that it was his belief, and the historic assertion of the town, that the Town of Webb actually had fee title to the land on which the right-of-way rests.

Councilman J.B. Herron said that the land parcels in question may not meet building requirements, and until that is determined, talk of potential driveway distruptions to the right-of-way are premature.

Supervisor Robert Moore agreed that approval by the town is necessary before any cutting of driveways is done across the right of way and the existing Trail 5.

The town has an interest in insuring safety, he said.

Moore also said the town would have a difficulty approving any proposal without specific details as to the intentions of the property owners.

In this case, Moore said the town would need to know how many driveways are being requested, where they would be located, and the precise nature of the impact they would be causing.

The town board agreed that Attorney Frye and Attorney Villiere should have discussions to determine whether an agreeable can be outlined for possible presentation to the board.

Supervisor Moore noted that if driveways started being cut across the right-of-way without permission, it would likely set an unfavorable precedent.

He intimated that a door would be open for unbridled safety disruptions to the existing snowmobile trail. Afterall, there are 44 parcels along the stetch in question and the potential for more driveways crossing than simply those of Villiere’s three clients.

Due to the possibility that litigation could result, if the parties were to not reach an agreement, the board refrained from discussing certain items relating to the issue, instead reserving them for executive session.