KENNEBUNK — The Town of Kennebunk is on the verge of finalizing a solution to an encroachment of a right of way on Grove Street, caused by the construction there of a replacement stone wall.

The wall, which was recently erected along the frontage of 16 Grove St., replaced a modular block wall that existed there previously. But upon further review by town staff, portions of the wall, installed by the property owners, were found to encroach on a right of way near the Grove Street Municipal Parking Lot.

Town Manager Barry Tibbetts said last week that municipal officials met with the property owners at 16 Grove St., Eric Young and Patricia Kinkade, to discuss the ramifications. While the encroachment is generally consistent with other features along that road, such as curbs and trees, the limited width of the sidewalk ”“ two “rods,” totaling about 33 feet ”“ presents some challenges in the operation of the sidewalk and access to the nearby municipal lot.

Tibbetts said the homeowner has expressed a desire to preserve the new stone wall at its current location and discussed ways in which improvements may provide for adequate space and functionality.

One of the planned improvements, according to aerial designs available on the town website, is the expansion of the sidewalk in front of the homeowner’s property.

A driveway situated diagonally across 16 Grove St. would also be widened. An agreement between the town and property owners would hold Young and Kinkade responsible for funding those improvements.

“The owner has been really good at helping us replace that sidewalk,” said Tibbetts. “(It’s) a really good solution to keeping that travel way as open as possible.”

Additionally, a revocable license agreement, approved unanimously last week by selectmen, outlines terms and conditions by which the encroachment would be allowed to remain, pending improvements to the sidewalk, nearby driveway, and the installation of shrubs and a fence around the perimeter of the Grove Street property.

For the exchange of one dollar, the town would transfer liability to the property owners for any vehicles damaged as a result of the stone wall’s location; any town vehicles damaged during snow removal, plowing or other operations; and maintenance of the wall, including any repairs that would need to be made.

The agreement states that “the parties have agreed that the encroachment was unintentional.”

Tibbetts said the agreement simply avoids any contentious issues that may arise between Young and Kinkade and the town.

“The owners really want to work with us on this,” he said. “I think it’s a good, workable solution.”

— Staff Writer Jeff Lagasse can be contacted at 282-1535, ext. 319 or [email protected].