The Town of Hubbardston Select Board closed a public hearing Tuesday on a draft private-way plowing policy and directed staff to obtain legal review and to return with amendments, including language to allow three-year funding and an exclusion for Plumtree Lane.

Nate, the town administrator, opened the hearing by summarizing the revisions as aimed at clarifying eligibility standards, waiver procedures and the town's plowing schedule. He told the board the policy first was implemented in 2020 to match Massachusetts law and that the draft mostly formalizes routine scheduling and application procedures.

The policy drew questions about liability and implementation. Ed Blanchard, a resident of 23 East Common Point Road, asked how many private roads would be affected; staff said between 20 and 30 private ways exist, but fewer than 10 typically qualify under current standards. Staff reported that four roads applied last year and two reached full application status (Printers Brook and Fungtree). Nate said one street with complicating ownership issues (Plumtree Lane) is already being handled separately and asked that the public hearing not become a detailed discussion of that street's ownership problems.

Several board members and residents raised liability concerns about the town's exposure when plowing private ways. One board member told the town administrator they wanted the draft policy 'brought to legal counsel' to confirm whether waivers and the town's volunteer and insurance protections would limit the town's exposure.

Patricia, a select board member, and others also suggested the town align the funding period with the application period; staff described a prior approach that used a special town-meeting article to appropriate a lump sum to cover three years of contracted plowing for an approved private way. Board members proposed an amendment to explicitly allow a three-year appropriation option matching a multi-year application.

After discussion, the chair closed the hearing for this meeting and asked staff to: send the draft to legal counsel for a liability review; prepare amended draft language implementing a three-year funding/appropriation option; and include specific exclusion language for Plumtree Lane while the ownership/ tax issues are resolved. The board indicated it will reopen the hearing when the legal review and amendments are complete.

The town administrator and DPW will also refine operational details such as inspection criteria and the role of the DPW superintendent in eligibility determinations.

Ending: The board closed the public hearing and deferred final action until legal questions and the Plumtree ownership issues are resolved. Staff said they will post the revised policy and bring the item back to a future meeting for further public comment and formal action.