The gate stood over Byers Creek Landing, a road accessing a 34-lot subdivision of the same name at Mile 144 of the Parks Highway.
To connect the road to the Parks Highway, the developer had to secure permission to run the road across a small portion of park land. An agreement reached in 1990 between the engineer and the state Department of Natural Resources granted this permission, provided that the road became a public access point into the park.
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In a past interview, Paul Nangle, the developer of the subdivision, said the gate was installed to prevent people from trashing the private property.
“We have decided to lock the gate to keep non-owners out of the south side of the subdivision,” Nangle said in a letter sent out to the members of the homeowners’ association.
However, the road was dedicated to the borough on the plat map, said Roy Robertson, a civil engineer with the borough’s Public Works Department. Blocking the road qualifies as an encroachment into the public right-of-way, and encroachments are only allowed by permits, he said in a previous interview.
Because the homeowners’ association had no permit, the borough sent a letter requiring it to take the barrier down. The letter was sent on Aug. 12 and gave a deadline of two weeks before the borough would take it down itself.
The two weeks came and went, and the gate still stood, said Bill Klebesadel, a division manager with public works. He said after the letter was sent, it appeared the gate was actually reinforced.
“That indicated a pretty clear case of non-compliance to us. Per the letter, the borough exercised its authority to remove obstruction,” Klebesadel said.
The gate was removed on Sept. 21.
Nangle refused comment.
Klebesadel said the borough understands the homeowners were trying to protect their property, but blocking a public access cannot be condoned.
“To allow the obstruction (gate) to remain would establish a precedence and possibly encourage more illegal encroachments to occur,” Klebesadel said.
Contact Todd L. Disher at todd.disher@frontiersman.com or 352-2252.


Comments
11 comment(s)Yes its me wrote on Oct 1, 2009 8:40 PM:
Fortunately, the STATE has jourisdiction in most cases and will help.
This Borough is SO sad "
Julie Bell wrote on Oct 1, 2009 9:08 AM:
JohnnyB wrote on Sep 30, 2009 10:24 AM:
It's about time, and I appreciate the action that was taken.
Could there be a criminal investigation of Nagle? What he did was criminal. He should serve time, and think about why he defrauded so many Alaskans.
Can we file a criminal complaint? "
Excelent wrote on Sep 29, 2009 6:06 PM:
YIPPEEE wrote on Sep 29, 2009 10:13 AM:
Homeowners Associations wrote on Sep 29, 2009 9:44 AM:
BB wrote on Sep 29, 2009 12:23 AM:
Yes its me wrote on Sep 28, 2009 10:07 PM:
Here,,, a land owner has blocked,, for years,, the access, worked without a permit, in the R.O.W.
TORE UP THE R.O.W.
and the Borough, Public Works and Code Compliance.. have ignored it, and acknowleged that they have... NO POLICING POWER. NO MONEY FOR ENFORCEMENT.
PUT THE GATE BACK UP, AND THREATEN TO SUE THEM IF THEY TOUCH IT..,THEY WILL RUN AND HIDE, AS THEY HAVE DONE HERE.. "
Annoyed wrote on Sep 28, 2009 8:58 PM:
J. Smith wrote on Sep 28, 2009 8:56 PM:
Bye Bye Nangle... wrote on Sep 28, 2009 8:35 PM:
Wow--sometimes you just can't ignore IDIOTS. Good job MSB Public Works!! "