The Planning Board on Monday approved 6-0 a requested modification to a subdivision plan made nearly 34 years ago, striking a clause stating that its private road be maintained by the property owners rather than by the town.

The decision paves the way for Auciello Drive residents to move forward with a request that Town Meeting approve accepting the street as a town road in May, according to member Parker Happ. Happ lives on Auciello Drive. He presented the case on behalf of himself, four other Auciello Drive homeowners and an abutter on neighboring Hayward Street. He called the request “quite unique for the town.”

Happ explained the subdivision’s history, including the town’s plowing of the road for three decades despite the aforementioned condition. This practice stopped a few years ago.

Michael Auciello “wanted to build a road for him and his kids to live on” in 1992, noted Happ. This road became Auciello Drive. One daughter had a home in the Auciello Oaks subdivision, while another lived with her father. The other subdivision lots eventually were sold.

“At this time, the town, in its maturity, played a little bit of fast and loose with the rules,” Happ said. “As it worked at the time, the town plowed the road and continued to perform maintenance at times.”

Over several years, Auciello “tried to make attempts” to have the road accepted by the town, he noted. Auciello petitioned the Planning Board in 2009, 2013, 2014 and 2015, according to Happ. Happ said the clause about property owners taking responsibility for the road’s condition in subsection D of the 1992 decision precluded that request from gaining traction.

Winter storm prompts action

Happ said the town’s not plowing Auciello Drive led to a serious situation last winter. Rain had frozen over snow, creating a 4-inch-thick “sheet of ice.” Postal and oil trucks were unable to make deliveries.

This situation and how to remedy it sparked Happ’s interest in becoming a Planning Board member and advocating for his neighbors, he explained.

Principal Planner Aneri Patel confirmed that the request would allow residents to “pursue a future petition” to accept Auciello Drive as a public road. Removing the condition does not mean that the town accepts responsibility for the road, she stressed. That request would have to come separately before the Planning Board at a future meeting.

She added that residents may consider hiring an independent engineering consultant to determine the road’s condition and drainage system before presenting it for the town’s potential acceptance.

Chair Rob Benson questioned Happ about whether a homeowners association existed that would have collected funds for road maintenance. Happ explained there never was an HOA in place.

“We were getting our road plowed for 30 years by the town,” said Happ. “So there wasn’t frankly any need to or forcing function to do so.”

Benson noted that the road’s residents could bring a citizens’ petition before Town Meeting. If they did go before the Planning Board, they could seek its recommendation to approve an article regarding the road’s acceptance at Annual Town Meeting on May 2.

Possible legal issue for town

Happ also cited documentation he uncovered stating that drainage issues from Hayward Street “caused damage to Auciello Drive” in 2013. Because of this, he surmised that the town might be held liable for “deliberate ignoring of a private nuisance.”

Kerry Reed, the director of the Department of Public Works, said there is a bylaw in existence that allows for “minor repairs on private roads,” such as fixing potholes. She explained she has been working to remove private roads from the plowing list at the direction of the Select Board.

Reed added that this is the first case she knows of in which abutters have advocated for a private road to become public in this manner.

Happ and member Vikasith Pratty, a Hayward Street resident, recused themselves from the vote. Member Amna Diwan was absent.

Starbucks parking proposal withdrawn

The board voted 8-0 to allow the withdrawal of a proposal to add two parking spaces to the Starbucks/UniBank parking lot at 85-89 West Main Street. It voted by the same margin to officially close the hearing.

At the previous meeting, the applicant proposed restriping the lot, which would not need Planning Board approval. Prior iterations of the plan had called for the addition of four spaces, then two and finally one. Safety was a concern at the cramped lot.

Pyne Field redevelopment hearing continued

The hearing on the Pyne Field redevelopment proposal was continued until the next meeting on Dec. 15 at the Parks & Recreation Department’s request.

At the Nov. 18 Community Preservation Committee meeting, chair Ken Weismantel suggested that the plan be retooled to include either a ball field or a cricket pitch — but not both.