A Hayden Lake resident is demanding recognition of costly damages to his private road, which he believes were caused by vehicles working on neighboring property proposed for a subdivision.

"You can't take a person's private driveway not built for logging trucks and tear up the road," said Bob Boyd, a resident on Red Hawk Trail in Hayden Lake.

The roughly 700-foot road has cracked and sunk down, Boyd said, after dump trucks and logging vehicles drove on it to access property proposed for the Hemlock Hills Conservation Design Subdivision.

"We have a private drive that was built for private vehicles. It's meant for nothing bigger than a big diesel pickup truck," said Boyd, who has lived at his home for 29 years.

Although he can't afford to sue, he added, he is determined to make his concerns known.

"I might block him (the developer) from driving anything but a pickup truck," he said.

Chris Cheeley, owner of the 44 acres where he is proposing Hemlock Hills, said he is allowed to use the private road and believes no damage has been done.

"I then and now have an easement to do this," said Cheeley, owner of A Thousand Hills, LLC and Phones Plus. "I've always said, 'If we do any damage, we'll certainly take care of it.'"

Cheeley's property is on forested land fronted by Upper and East Hayden Lake roads.

The Coeur d'Alene businessman said Red Hawk Trail, which extends from Hayden Lake Road, is one of two access points to the Hemlock Hills property.

"Clearly it is the best way to access one part of my land," Cheeley said, adding that Red Hawk Trail weaves through Cheeley's property, Boyd's, and two other neighbors' properties.

That's where Boyd has a problem.

Boyd insists that dump trucks hauling gravel into Cheeley's property and logging trucks hauling timber out have been too heavy for the road.

The excess weight has caused the asphalt to crack and sink down several inches on one side, he said.

A sand and gravel company estimated to Boyd that repairs could cost up to $18,000, he added, which the disabled veteran said is out of his price range.

Boyd's attorney has counseled him against suing, he added, because the cost of a legal battle can add up fast.

"It's just a big can of worms," Boyd said.

Boyd and his two neighbors on Red Hawk Trail split the cost of maintaining the road, he said. His neighbors could not be reached for comment on Tuesday.

Boyd said he is hoping Cheeley will respond to a letter from his attorney.

Or, Boyd might just block the road so heavy trucks can't travel on it, he said.

"There are ways of doing that," he said. "I can chain it off and give neighbors the key, I can park the Bobcat in the middle of the road where he can't go around."

Cheeley said he has a right to use the road.

The property he purchased came with an easement that allows him to cross Boyd's property, he said.

"It says on it, unrestricted easement to cross over his land to get to mine," Cheeley said.

The easement was granted years ago by Boyd himself, Cheeley added, who had once owned part of Cheeley's acreage.

Only three trucks have driven on Red Hawk Trail for logging and gravel work, Cheeley added.

He doesn't believe the vehicles caused any damage that wasn't there already, but he said he has offered to discuss road management with all three neighbors, without receiving any response.

"What I have suggested all along to Bob and his neighbors is I would love for us to develop a good road maintenance agreement where we clarify everyone's rights and responsibilities," he said.

Boyd denied that Cheeley has contacted him or his neighbors.

"Why would I be upset, if he had contacted us?" he said.

Boyd did grant an easement on part of the property when he sold it years ago to a couple, he added, who planned to use it for a small driveway.

"His easement calls for a driveway 15 feet wide. He wants to carry his whole subdivision through our property," Boyd said.

Cheeley is requesting the county grant a special notice permit to create Hemlock Hills, which would include 34 residential lots and several open conservation lots.

The Kootenai County commissioners will hold a hearing over the project at 6 p.m. Thursday in Room 1 in the county Administration Building.

Boyd has other concerns about the subdivision, he added. In particular, that it is too dense for the rural neighborhood, and that the steep slope of the property is prone to landslides.

Cheeley said the proposed development is far less dense than other subdivisions in the area.

Studies by Allwest Testing and Engineering has confirmed the safety of the property's slope, he added.

"I recognize that it's difficult when change happens in your backyard," Cheeley said. "At the same time, I hope that personal property rights and ordinances and subdivision requirements still dictate what goes on."

Public hearing set

• A public hearing for the proposed Hemlock Hills conservation subdivision is scheduled in front of the Kootenai County commissioners at 6 p.m. Thursday in Room 1 of the county Administration Building.