The Select Board on Tuesday voted on whether to approve three private ways as public roads, with varying results. The ultimate decision will be made at Annual Town Meeting on May 2.

Parker Happ, a Planning Board member and Auciello Drive resident, presented the proposal for accepting Auciello Drive as a town road as a private citizen. The Planning Board voted in March not to recommend acceptance.

He pointed out that this street was created in the 1990s. It was intended as a family private road, but the project evolved over time to be a normal subdivision.

A condition for the subdivision’s approval was that “the owner be responsible for the maintenance and upkeep of the road.”

Happ said Michael Auciello, who created the plan, had petitioned the Board of Selectmen for road acceptance in 2016.

In December 2025, the Planning Board voted to remove the condition about the owner’s responsibility. Its methodology was that it would open the door for the road’s eventual acceptance.

Said Happ: “The risk to the town and liability remains the same if it’s accepted or not.”

Kerry Reed, the Department of Public Works director, said she does not approve of Auciello Drive’s acceptance. She pointed out at this meeting and before the Planning Board that for a private way to gain acceptance, “We expect it to be meeting the town standards.”

To bring Auciello Drive up to town standards, Reed estimated the cost at $170,000. Also, an engineering study would have to be performed.

Principal planner Aneri Patel gave the Planning Board’s perspective after Brian Herr asked for it. She said it voted not to recommend this proposal because it was not up to town standards, echoing Reed.

Happ said there is a condition in the citizens’ petition stating that the town does not need to fund improvements right away. The timing would be left to the town’s discretion.

This proposal is “the proverbial canary in the coal mine,” he later added. He suggested that other private ways will look to be accepted in the near future.

Public officials express reservations before vote

Later in the meeting, Town Clerk Connor Degan spoke as a private citizen about the proposal. He said, “It’s circumventing the normal process.”

Usually, developers or homeowners associations are responsible for keeping private ways “up to some standard,” he explained.

Degan added that the town is dealing with “a serious budget crisis.” He could not rationalize paying for the upgrade of a private way by the town if public roads need maintenance. He called the proposal “premature” and said the town “should work with residents towards an acceptance plan.”

Town Manager Elaine Lazarus added that the board needed to vote on all three items. Otherwise, any Town Meeting vote on them would be nonbinding.

After members expressed some concerns, they voted 4-0 to recommend acceptance. This allows Town Meeting to decide its fate.

Board waits for more information on Linden Street

The DPW sponsored the article requesting approval of Linden Street as a town road. Reed pointed out that if it’s accepted, it will be a part of a water main improvement project for East Main Street. This would create a town benefit, she said. The project also is on the Town Meeting warrant.

The Planning Board voted to recommend its acceptance, Patel confirmed.

In contrast to Auciello Drive, Reed said that Linden Street is connected to the town water system.

As Happ sought to comment, Select Board member Matthew Kizner spoke out and stopped him. He chided Happ for trying to “monopolize” the discussion.

Edward O’Leary, who lives on Curtis Road, pointed out a potential legal issue. He said the residents technically own half of the road because of a revocable trust.

He added that the former rail bed defines the boundaries of the subdivision lots. This situation raises the issue of a “derelict fee statute.” The town would need to buy the land from subdivision owners before proposing to alter it, according to this law, O’Leary explained.

Lazarus said that if the town accepted the street, it would have to compensate the residents. The property of opponents would be taken by eminent domain.

Peter Mezitt, who lives on Linden Street, advocated for its acceptance. He described it as “the worst road in town.”

Neighbor Carolyn Ball agreed, pointing out flooding issues.

Herr said he wanted to wait for the opinion of town counsel. Other members agreed that more information could be obtained by the April 14 meeting.

Whisper Way receives approval

The board voted to recommend acceptance of Whisper Way, located off Wood Street, in a 4-0 vote. There was no comment from residents.

Patel told the board that the Planning Board and the DPW recommended approval. She noted that the subdivision developers have completed the project and recently passed final inspections.