Springfield schools win parking lot decision
Toolbox
By Josh O'Gorman STAFF WRITER - Published: November 21, 2009
The Springfield School District had the right to build a parking lot on its property, according to a Supreme Court decision issued Friday.
The high court affirmed a decision handed down in Windsor County Superior Court in the case of Carrie Patch v. the Springfield School District. Patch had sought to stop the construction of a 23-space parking lot next to her property as part the expansion of Elm Hill School.
"This is the item we've been waiting on for two years now," said Ken Smith, chairman of the District's Construction Committee, which oversees the Elm Hill expansion.
According to court records, the property on which both the school and Patch's residence sit were part of a 100-lot subdivision, which had covenants restricting their use for the construction of residential homes or garages. In 1946, the owner of the unsold lots donated 12 acres to the town of Springfield, records state. The property was given to the town as a single parcel, not a collection of lots, with none of the restrictive language of the subdivision covenants, according to court records.
In 2002, Patch purchased property adjacent to Elm Hill School, and in 2007 the District sought a permit to expand the school by 50,000 square feet and build a parking lot on a parcel of land next to Patch's home.
"Unfortunately, when Ms. Patch bought the property, she set up a barbecue and a playground on what was actually school property," Smith said.
According to court records, Patch sought to block the parking lot construction, first with the town's Zoning Board and later in superior and supreme courts, which both ruled the covenants from the subdivision were no longer in effect for the Elm Hill property.
"It really solves the question around the validity of those ancient covenants and it gives validity to the construction project," said Springfield School District Superintendent Frank Perotti.
Smith said the parking lot project is complete. A white fence surrounds the lot and trees have been planted along the property line.
"We've done everything we can to be good neighbors," Smith said.
Perotti said the decision has wider implications than just the parking lot.
"It's important, not just for the handful of parking spaces, but it clears the way for us to use the property," he said.
Patch could not be reached for comment. A phone number listed for Patch in Springfield has been disconnected. Patch's attorney did not return a call Friday seeking comment.
josh.ogorman@rutlandherald.com
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