The Select Board on Tuesday discussed possible actions that would allow private ways to potentially receive plowing services, including petitioning the state government to allow the town to vote on the matter.

Chair Shahidul Mannan said the topic arose because of the final vote taken at the Annual Town Meeting on May 2. Article 38 contained three motions. The first motion requesting the acceptance of Auciello Drive as a public road failed in a 53-42 vote. A two-thirds vote was required for its passage.

Mannan noted that several private ways do not qualify for acceptance, some due to conditions the Planning Board instituted when subdivisions were approved.

Parker Happ, an Auciello Drive resident who championed for the road’s acceptance at the ATM, called for a quorum after the vote. When it was determined that a quorum was not present, the Annual Town Meeting was dissolved without considering the other two motions.

Happ, a Planning Board member, contested this action. At the last Select Board meeting on May 26, he said he initiated a citizens’ petition to call for a Special Town Meeting to allow the topic to be revisited.

Road classifications outlined

Town Manager Elaine Lazarus informed the board that the town has 234 public ways. She said there “are at least 26 ancient roads, maybe more.” There are 56 private ways, some of which also may be ancient ways. A policy exists where residents of ancient ways can bring a plan to the town for acceptance.

“There are different categories of private ways,” she continued, “as some existed prior to the adoption of subdivision control in 1954.”

Thirty-eight private ways were created after that time by the Planning Board through the subdivision process, added Lazarus. Out of them, “25 have restrictions that bar acceptance at this time.”

In addition, there are common driveways and roads in condominium and apartment complexes. While they are given names for safety purposes, Lazarus explained that they are not town roads, even though they exist on the town’s street list.

She estimated that 10-20 private ways could be eligible for acceptance. More potentially could be accepted if the Planning Board removed restrictions.

Lazarus later said the Planning Board may have granted building waivers in some cases with the condition that the roads remain private ways. The roads may not have been built to the town’s standards at the time.

Amy Ritterbusch thanked Lazarus for compiling the information, saying it would be helpful to share with residents. She pointed out that two other private ways were discussed at ATM.

Herr calls out unclear agenda wording

Select Board member Brian Herr raised a point of order with the chair. The agenda stated that the Select Board “will consider discussing with the public” the issue of the acceptance of private ways. The wording, he said, was awkward. It didn’t state there would be public discussion. Also, it didn’t designate the agenda item as a public meeting or hearing with discussion topics.

Said Herr: “I don’t want to set a precedent that every time somebody has an idea they want to talk about and it’s not a public hearing that they’re going to come and talk about it.”

Doing so, he added, “could open up a can of worms.”

Ritterbusch agreed, saying the item was worded “in a weird way.”

Lazarus advised that public comment could be allowed at the chair’s discretion. Herr and Ritterbusch, who each previously chaired the board, agreed to allow public comment.

Herr jabs Happ about dual role

Herr pointed out that the current process “is largely guided by the Planning Board.”

“I personally struggle with changing the rules because one road is causing such angst,” he said.

Herr stressed that he did not want the board to be “embroiled” in a case of potential conflicts of interest. He did not name Happ.

At a previous Planning Board meeting, Lucia Lopez questioned whether Happ was speaking on Auciello Drive as a board member or a private citizen. Replied Happ: “I’m whatever you want me to be.”

Mannan agreed with Herr about setting a precedent. But he also said it was “mind-boggling” that residents on private ways are “suffering” and wanted to see how the town could help them.

Happ clarified that there are at least nine other private ways in addition to Auciello Drive that are affected. He said many homes on these roads “lost critical services” when the town stopped plowing them, making this a safety issue.

Then Happ directly addressed Herr.

“If I step down from all my positions, does that change your mind at all?” he asked. “[D]oes that make it less tenuous? … Is that the only thing holding you back?”

Replied Herr: “I think that’s for you to decide what you need to do there. But I’ll leave it at that.”

Happ said he did not know that Auciello Drive was a private way when he purchased his home.

Plowing was Happ’s main issue. He noted that some fellow street residents are on fixed incomes and did not expect town plowing to stop.

Herr said that while Happ “made some really good points,” they should be addressed by the Planning Board. Happ’s role on that board complicates the issue.

Kerry Reed, the town’s DPW director, later cautioned that the town’s acceptance of a private way as a public road entitles it to more than just plowing. It would also require salting, pothole repairs, repaving and a drainage system. Plowing alone is estimated to cost an estimated $200,000 a year for those private ways.

State petition could put issue before voters

Town Clerk Connor Degan spoke as a private citizen. He noted that this issue “dredged up a lot of concerns in the community” and that “it’s at least a problem worth looking at.”

He informed the board that the town could petition the state under Chapter 40, Section 6C. This legislation allows a city or town to appropriate money for the removal of snow and ice from private ways as long as it does not constitute a repair.

“The general laws would require a ballot initiative, but it would still be worth at least looking into,” Degan explained. “And that would give true voice to the voters whether or not they wanted to accept the burden of that.”

The board could set conditions specifying which private ways could be plowed and under what guidelines, he added.

“Sounds like it could be an avenue,” said Herr. “That gives everybody a shot at [deciding] it.”