Moultonborough stuck on private road policy

By MICHAEL KITCH, LACONIA DAILY SUN

MOULTONBOROUGH — The town's 200 miles of private roads, particularly its stated policy of plowing and sanding them, could arouse debate when Town Meeting convenes next month.

State law (RSA 231:59) stipulates that municipal highway funds can only be spent to maintain Class 4 and 5 public highways that have been formally accepted as such by the city and not private roads. However, in 1992, the Board of Selectmen adopted Policy No. 1, which reads "New private subdivision roads with more than three (3) lots will be provided snow removal and sanding services as provided in the Town Budget."

In October, the selectmen addressed concerns about providing winter maintenance on these 200 miles of roads raised by the director of Public Works, Chris Theriault. Selectmen agreed to seek a legal opinion from town counsel as well as discuss the liability issues with Primex to determine the extent of any exposure to the town. Town Administrator Walter Johnson said that once the information is in hand the selectmen will decide "what is in the best best interest of the entire community." He said that In the meantime, he said winter maintenance would continue.

Meanwhile, this week selectmen amended Policy No. 2, which states the recommended the minimum standards for the construction of private roads with the intent of ensuring access for emergency vehicles. The board recommended increasing the width of the roadway from 16 feet to 20 feet, grading the roadway to eliminate crowns greater than 6 inches, installing culverts of at least 12 inches, and surfacing the roadway with a base of a foot of gravel topped by 6 inches of crushed gravel. These standards exceed those in the subdivision regulations approved by the Planning Board. The board emphasized that the amended standards are recommendations, not requirements.

Nevertheless, the day after selectmen amended Policy No. 2, Eric Taussig, a local attorney, mounted a petition to place an article on the town warrant repealing Policy No. 2 altogether. In a letter soliciting signatories, he noted that neither town ordinances nor state statutes define "private roads" and contended that the Board of Selectmen has no authority over them.

In the same letter, Taussig wrote that "Many of us believe that these new 'recommendations' will be incorporated in Policy #1 which relates to plowing private roads and may at some point be used to justify abandoning the plowing of roads that do not meet these new specifications." He estimated that 70 percent of existing private roads fell short of the recommended minimum standards.

The deadline for filing petitions for the town warrant is Tuesday, Feb. 7.