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Templeton Fish & Game Club seeks guardrail repairs at Club Road bridge; select board defers pending legal review
Summary
The Templeton Fish & Game Club asked the Select Board to repair rusted guardrails on a private bridge used by children and swimming programs. The board took no funding action and asked for a formal written request and a town counsel review of the legal authority for spending public funds on private property.
The Templeton Fish & Game Club told the Select Board it is seeking repair of deteriorated guardrails at a bridge on Club Road that the club and community members use for fishing and for the town’s swim instruction program.
Paul Cormier, president of the Templeton Fish & Game Club, told the board the guardrails are “over 25 years” old and have “holes and fragments, steel fragments sticking out of it,” and that “some of the older members are afraid that…one of these child is gonna get hurt.” The club said it has previously invested in the bridge and provides community services — including allowing Parks and Recreation to run swim lessons there and hosting events.
Public works director Bob Sellnick told the board the site is on private property and the highway department is not comfortable performing the repairs because of liability and jurisdictional concerns. Sellnick relayed a contractor estimate of $4,003.80 to replace the damaged sections; he also said state funding cannot be used for repairs on private property.
Town counsel and several board members discussed legal avenues. Select Board member Mr. Jeff (surname not on transcript) reviewed state law (M.G.L. ch. 40 §6N) that permits towns to make temporary repairs on private ways under narrowly prescribed conditions, but said that ordinance/bylaw language and public‑necessity findings are required before the town may spend public funds for permanent improvement on private property. The board agreed it needed a formal written request on file and asked staff to obtain a legal opinion on whether town funds can be used in this case.
The board did not vote to pay for the work. Instead members asked the club to submit a written request and asked staff to check whether the strip of Club Road was ever accepted as a town way and whether Conservation or other departments had previous involvement; the board scheduled the matter for additional review at its April 23 meeting.
Why this matters The bridge is used by children who attend swim lessons and by local anglers; club leaders say the guardrail deterioration presents an injury risk. The legal question — whether public funds can be used to repair privately owned structures used by the public — carries fiscal and precedent implications for future requests.
What’s next The Select Board requested a written application from the Templeton Fish & Game Club, a legal memo from town counsel addressing M.G.L. ch. 40 and authority to act, and a background check on whether the road or bridge has ever been a town way. The item will return to the board on April 23.
