Overview:
A citizen petition to amend Athol's bylaws to make the town responsible for the upkeep of private roads was defeated at the Annual Town Meeting. The proposed change called on the town to maintain all asphalt private roads in Athol, including the repair of potholes and road drainage issues. The Finance and Warrant Advisory Committee and the Board of Planning and Community Development both recommended against the article, citing the need for more comprehensive language and guidelines approved by the attorney general's office.
ATHOL – A citizen petition seeking to amend Athol’s bylaws to make the town responsible for the upkeep of private roads was defeated at Monday’s Annual Town Meeting.
Wording of the article mentioned private roads generally and King Road specifically. The proposed change to Chapter V, Section 33 of the bylaws called on the town to “minimally maintain all asphalt private roads” in Athol. The article specifically mentioned the repair of potholes with “asphalt-based materials,” as well as “repairs of road drainage issues,” including culverts.
The Finance and Warrant Advisory Committee and the Board of Planning and Community Development both recommended against the article.
“This is a really important issue, because we have over 30 private ways and roads in town,” said committee Chair Ken Duffy at the June 8 Town Meeting.
He explained that over the summer, town officials hope to develop more comprehensive language to either amend or replace Section 33.
“What a local bylaw will do is treat every situation under the same parameters. It won’t be one way for that road, and this way for another road,” he added. “It’s important because you’re using public funds for a private way. It’s important that we have a set of guidelines approved by the attorney general’s office.”
Barry Whitehouse, a resident of Northern Avenue, a private dirt road, asked, “Are property taxes collected in Athol used to maintain and repair the roads in town? I believe I just heard there are over 30 private roads in Athol whose property owners are paying for the repair of the public roads, and they’re not necessarily going to receive the same services for the street they live on,” he said to some applause.
“I would just ask, in the spirit of neighborly fairness, that those of us who live on private roads, and who are paying property taxes, are entitled to the same services as those who happen to live on a public road,” Whitehouse added. “My appeal is that we help each other out.”
Toni Gregoire told the meeting, “We have lived off of King Road for over 32 years, and the town always maintained that road up until the last two years. They paved the road, they put in the culverts and maintained it up until two years ago – now, we have nothing.”
In response to a question from the floor regarding the creation of private roads, Town Counsel John Barrettt explained, “Prior to the subdivision control bylaw going in, developers could build wherever they wanted and they could put in a private road. They could deed the rights to use that road to the people who built houses off of that road…people could build a house there, even without it being a public way. The law basically says the town can’t spend money for private ways because they’re not owned by the town, they’re not public ways. What’s on the books right now allows the town to do some repairs, but that’s up to the discretion of the town within the resources of the town.”
King Road resident Sherry Johnstone said, “That road was hard-topped 45, 46 years ago. The town has always maintained it. We never had a problem until two years ago. I pay my taxes. Everybody on Kind Road pays their taxes. We don’t have town water. We don’t have town sewer. All we’re asking is that the road is passable. At this point, you could break your axle. It is pretty hazardous. We’re just asking, can we go back to the way it was two years ago?”
Before the vote was called, Director of Public Works Paul Raskevitz explained, “We have a clear path that the Selectboard has given us to do minimal maintenance on King Road and other private roads until something can happen at the fall town meeting. Nobody just wants to kick the can down the road and hope the issue goes away. But the citizens petition leaves a lot of questions for us.”
The DPW, he said, needs to more specifics regarding the department’s responsibilities relative to private ways. He added that most roadwork in town is paid for with state Chapter 90 funds.
“We get a little over $500,000 every year. All the paving you see going on right now; that’s how it’s being paid for,” he said. “It’s not paid for out of property taxes.”
When Town Moderator Lawrence McLaughlin called for the vote, a show of hands indicated a clear majority of those in attendance were opposed to the article.