The area between 280 Main St. and the Civil War Monument that was coned off several weeks ago is seen Tuesday, July 11. Drivers in Wilton utilize the area as a turnaround to park on the other side of Main St. in the downtown and to reverse direction. Brian Ponce/Franklin Journal

WILTON — Located in-between the Civil War Monument and the building located at 280 Main St., a public access way that is used by many as a turnaround when driving through the downtown was coned off for a week, leaving many concerned over the possible implications.

Property owner James Butler, who owns the location with Ashley Rand through their company Two80main LLC, was the one responsible for the cones and according to Butler, the cones were merely a statement to the town and the Wilton Planning Board.

“The town has failed to meet with me and continues to treat me poorly,” Butler said in a phone interview with the Franklin Journal. “They allow their Planning Board to operate under no confines and they know no boundaries.”

Butler stated that he had submitted an application to get a new tenant into the building that once housed an ice cream parlor and a pizzeria. According to Butler, the permit only needed to go to the code enforcement officer and it was outside the purview of the Planning Board. It was put before the Planning Board and denied due to the lack of a floor plan, which Butler claims he was not made aware of by the code enforcement officer and they had no legal authority to deny the application.

Butler said he put the cones up on Friday, June 16, and left them there for a week and a half until his application was approved by code enforcement after he submitted a floor plan.

“I submitted a floor plan and he issued the permit,” Butler stated, “which still blows my mind. Why did he put it in front of the Planning Board to begin with?”

After the permit was issued, the cones came down. Butler has had issues with the Planning Board in the past, particularly in March of 2021 when an application to develop boat docks and rented boat slips on his lakefront property at 10 Rowell St. was tabled and later denied.

Wynn Muller, vice president of the Friends of Wilson Lake [FOWL] board of directors, was the first to bring the concern to Wilton Police Chief Ethan Kyes and Chairperson Tiffany Maiuri. Maiuri forwarded the message to Town Manager Perry Ellsworth, who then reached out Butler.

Ellsworth added the issue to the Wilton Select Board agenda for Tuesday, July 11. Ellsworth stated at the meeting that he had met with Butler and the two of them spoke privately over the issue.

“There’s been some rivalry here for over a period of time between [Butler] and the planning board,” Ellsworth stated. He went on to say that he wanted to spend more time talking with Butler to avoid any litigation.

“I’m asking for the board’s indulgence and the community’s indulgence in allowing me the opportunity to have spent more time with Mr. Butler,” Ellsworth continued.

Selectperson Mike Wells brought up right-of-way laws in the State of Maine and mentioned Paul Mills of Mills & Mills in Farmington as an expert opinion on right-of-way laws in the state.

“Paul Mills is an expert on right-of-ways in the State of Maine and how right-of-ways that have been used over a period of time are our permanent right-of-way,” Wells stated. “So there’s no need to determine who owns the land. If Mr. Butler owns the land, he owns the land, but that right-of-way stays intact.

“From all the study that I’ve done,” Wells continued, “I think Paul Mills would confirm that it is a permanent right away.”

In a phone call with Ellsworth, he stated the subject would only go to executive session if the town’s attorney and Butler’s attorney were involved. Otherwise, it would be open to the public, but Ellsworth wants to handle the situation personally to avoid potential litigation.

“[Mr. Butler] is a very intelligent person who I checked out with all my associates from two major towns or cities,” Ellsworth stated. “And they all spoke highly of him.”

Nancy Walters of Wilton spoke to the Select Board about her concerns. “My main concern is both the propane and oil deliverers and the school buses use that turnaround as an integral part of their jobs,” she said. “Also just general traffic being mayhem, if people just start taking U-turns wherever they feel like it. I mean, it’s just a safety issue in general.”

Justy Nazar of Wilton echoed this sentiment in her comments. “To get from one side of Wilton to the other side in downtown, you need to turn around,” she stated. “If you don’t have a way to turn around, people are not going to be going to the shops that we are just getting started again.”

Butler disputed this claim, stating that his actions were in no way directed towards any of the businesses downtown or to impede the safety of motorists that utilize the turnaround. Butler claims he wants to see the town flourish and he wants to help with that in any way he can.

“I grew up riding my bike to Wilson Lake,” he stated. “Now I’m fortunate to own some properties in that town and want to see good things happen. And unfortunately, the town isn’t being cooperative with that.”

Butler says he has had only one conversation with Ellsworth, but he does appreciate Ellsworth being open to talking to him about finding a resolution without litigation.

“I’m hopeful my talks with Perry will be positive,” he said. “And from what he had to say at the meeting that I couldn’t attend, it seems like the Select Board supports that. And I appreciate that. I’m hopeful we can come to a resolution which doesn’t include any litigation. I’d rather not do that.”