Committee Recommends Town Abandon Old Dividend Road

The Open Space and Land Acquisition Subcommittee voted to recommend that the town abandon Old Dividend Road at its meeting Tuesday night.

The recommendation will be presented to the Town Council at its Sept. 19 meeting. The council will make the final decision on whether to abandon the road.

The road, which is no longer used, will be conveyed to the owners of adjoining properties on both sides if abandoned, according to Economic Development Director Ray Carpentino.

Chairperson Barbara Surwillo said the committee made the motion based on a June 28 legal opinion from Town Attorney Morris Borea. The opinion states that under Connecticut law it is presumed that an abutting owner owns the land to center of the road unless the town can prove it owns the land.

There are four property owners whose land abuts the road, according to the town.

Borea stated the town of Wethersfield has owned the road since the late 1600s based on an opinion from Attorney Lewis Nedell, who prepared a title search on the road.

Nedell said the 1843 Connecticut General Assembly resolution establishing Rocky Hill discusses how 13.8 square miles was taken from Wethersfield to create the town. It does not clarify whether the road, which is about 520 feet, was passed from Wethersfield to Rocky Hill.

Ralph Cervero, who is one of four property owners with land abutting the road, expressed relief with the committee’s decision. He discussed plans to build a house on the lot, but was hindered due to a zoning requirement that the building be set back 40 feet from the road.

During a meeting on July 21 of last year, the Planning and Zoning Commission approved a motion to eliminate the setback contingent on the road. James Sheehee, a land surveyor representing Cervero, said during that meeting he felt the town had not acted enough on the issue.