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Attorney: River Road "right-of-way" ownership limits town installations; benches, waste receptacles generally permissible
Summary
Town attorney told the Culture and Recreation Committee that recorded deeds and two 1993 ordinances convey a public road easement to adjacent owners while leaving the town a 50-foot public right-of-way; benches and waste receptacles are generally permissible in the town27s right-of-way.
The town attorney briefed the committee on ownership and permissible uses of River Road right-of-way after committee members asked about benches and other amenities along that corridor.
Attorney summary: The town27s records include two ordinances from 1993 that conveyed property interests to adjacent owners while reserving a 50-foot public road easement for the town. “So that conveyance went to those owners, and the town maintains a 50 foot strip of right away,” the attorney said. The deeds and ordinances include legal descriptions and reserved easements that preserve the adjacent owners27 riparian rights and permit construction of docks and piers subject to those easements.
What the town can place in the right-of-way: The attorney said state law generally permits certain amenities in a roadway right-of-way — benches, transit shelters, light poles, bus stops and waste receptacles — but more substantial equipment or installations that extend beyond the town27s interest would require permission from the adjacent owners or further legal steps.
Committee members noted residents have asked for benches and historical interpretive markers along River Road. The attorney said the town should consult its recorded legal descriptions and potentially the town27s public-works mapping to establish the precise boundary lines before siting additional installations.
Ending: Staff and the attorney recommended the town map the recorded easements, confirm where the town27s 50-foot strip lies in practice and then pursue permissive amenities (benches, waste receptacles) that state statute explicitly allows.
