Liability agreement deadline looms for Crozet Square

Between shelved plans for a new library and a Master Plan that predicts what some residents feel is a larger-than-expected population build-out, it’s been a tough year for Crozetians. The current parking situation at The Square—the fulcrum of downtown Crozet’s businesses—isn’t making it any easier.

A temporary liability agreement between Crozet businesses and CSX regarding use of The Square expires on June 30. At press time, there was no word of a new, more permanent agreement on the use of the space.

In May, Buckingham Branch Railroad (BBRR), which leases The Square parking lot from CSX, closed off a significant part of the lot, citing liability and safety reasons. By mid-May, BBRR erected a temporary fence around the property, while business owners prepared a temporary liability agreement with the railroad. 

“We signed an agreement with [BBRR] and added an addendum to our insurance policy that would cover liability for what happens in the parking lot,” says Rick Ruscher, co-owner of Crozet Hardware. 

The temporary agreement expires June 30. Until then, Ruscher says, “we are just waiting to hear from the county. They were supposed to be dealing with CSX on getting the parking lot squared away.”

The county, in turn, is waiting to hear from CSX. Ann Mallek, chair of the Board of Supervisors and representative of the White Hall district, calls the fate of the lot “a great concern.” Mallek says she has been calling CSX staff several times a week in an effort to try to find another workable solution, but has not received an answer from them.

“They are very well aware of our concern and our businesses’ concerns, and their responsibility to help Buckingham Branch,” she says. “I don’t quite get what their deal is and why it’s taking so long.” 

Ruscher also says there are questions about the title on the property. 

“There is a cloud on the title to the property. And 10 years ago, CSX said they no longer could claim interest in the parking lot,” says Ruscher. “But now, all of a sudden, they think they made a mistake.” 

Multiple calls to CSX were not returned by press time. 

Currently, Buckingham Branch has reopened nearly all of the parking lot, save for the 60′ nearest the train tracks, says Ruscher. While business has somewhat returned to normal, “when they closed off two thirds of the parking lot, it did disrupt business,” he says. 

“The main problem we are having now, and we just need to work around it, is that we try to keep our employees out of the parking lot,” says Ruscher. “We are just parking either in the back of the store or in other places.” 

With the June 30 deadline fast approaching, Gale Wilson, vice president of BBRR’s Staunton Station, hopes CSX will find a solution. 

“It’s up to CSX at this point,” he tells

C-VILLE. “We hope that it’s resolved before the end of the month. If not, then we would reconsider the retail merchants extending their agreement, their rights of entry, their liability release.”   

While Ruscher hopes BBRR will give the business owners an extension on their agreement, he would like to see the top row of parking—the 60′ retained by BBRR—go back to the businesses. “Even if [parking] is restricted to different businesses in The Square,” he says. 

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