Dueling plows in Windsor, Vermont

He had been patient and had issued plenty of warnings, but when Windsor Highway Foreman Erick Tarczewskicq discovered another pile of snow on a Main Street sidewalk, well, he felt he had to do something.

The longtime town employee suspected that Fred Borcuk, trying to create parking spaces for patrons of the Windsor Diner, had once again plowed snow from the street onto a nearby sidewalk, even though Borcuk had been reminded repeatedly that it violated town ordinances.

“That snow is going back in front of the diner,” Tarczewski declared aloud that day, “in front of the doors.”

And so it did.

Enacting an occasional fantasy of aggrieved neighbors and shop owners across New England, Tarczewski hopped into his town-owned truck and plowed in the venerable eatery, according to police, temporarily separating customers and their scrambled eggs and French toast.

It is unclear if the stunt gave Tarczewski any measure of satisfaction, but it drew the attention of the Windsor Police Department, which filed misdemeanor charges that forced Tarczewski to appear yesterday in Windsor District Court, where he pleaded not guilty to disorderly conduct and unlawful trespass.

In an interview, Tarczewski said he was frustrated that Borcuk has repeatedly made his job more difficult by dumping snow onto the sidewalk, despite repeated pleas to stop.

“As steward of roads and sidewalks, I take that very seriously,” Tarczewski, 42, said. “There’s much more to the story.”

An affidavit filed by Windsor Police Officer James Beraldi gives the following account of the Jan. 3 incident:

Borcuk, 60, of Cornish, sold the diner to his daughter a couple years ago, but usually arrives early on snowy mornings, to help her plow. Borcuk owns his own plow truck.

Around 7 a.m., while Borcuk was plowing on a street behind the diner, Tarczewski discovered the suspicious mound of snow on the sidewalk. Tarczewski approached Borcuk and began yelling and swearing.

Borcuk later told police he feared for his safety, but Tarczewski never touched him. Instead, he jumped into his green plow truck, scooped up snow from the sidewalk, and pushed in front of the diner entrance. Then he did it again, and when he was finished, he parked his green truck in front of the dinner for several minutes, temporarily blocking traffic.

Someone inside the diner called Windsor police. When officer Beraldi was inside the diner interviewing witnesses, Tarczewski stormed inside. A staffer asked him to leave, but Tarczewski refused.

Town officials say they warned Borcuk, again and again, not to plow snow onto public areas, and to let road crews handle the job. But Borcuk repeatedly pushed snow onto freshly plowed sidewalks away from the store, Tarczewski said, making the road crews, jobs more difficult and blocking pedestrian access.

“We deal with it as best we can, but it takes cooperation,” Windsor Town Manager Steve Cottrell said yesterday. “If everybody puts their snow into a public right of way, it would be havoc.”

After being called into work every three of four hours for several days during the early-year snowstorm, Tarczewski said he was tired and irritable, and in no mood to deal with Borcuk.

“I admit I did cuss at Fred,” Tarczewski said. “It never should have come to this.”

But Tarczewski said he did not dump the sidewalk snow in front of the diner, rather he merely spread it around the area to restore access to the walkway.

Cottrell said he spoke with Tarczewski about the incident, but did not impose any disciplinary measures.

“I find him to be a very diligent and hard-working individual,” Cottrell said.

After yesterday’s hearing, Judge Theresa DiMauro released Tarczewski without bail, but ordered him to stay away from the Windsor Diner.

Tarczewski wasn’t the only one who faced sanctions. Police handed Borcuk a $41 fine for moving the snow onto public areas. Borcuk said he paid, grudgingly.

“To fight a $41 ticket, it ain’t worth it,” he said.

All parties say that peace has broken out in downtown Windsor, but no one is sure if the hostilities will resume. After all, there hasn’t been much to fight over recently.

“I don’t think it’s snowed since then,” Borcuk said. “I don’t mind it.”