Selectmen recommend ‘not to recommend’ petition to authorize town plowing of two private roads

A petition asking the town to authorize plowing and maintenance of two private roads (Frank Goodwin Road and Dudley Road, together 0.4 miles) was considered by the Selectmen on Jan. 22. The petition cites RSA 231:59-a, which allows a municipality to expend highway funds to maintain a private way that is declared an emergency lane after public hearing and written findings that the public need surpasses private benefit.

Petitioners argued the roads function as public connectors, provide access to Sewell Woods trails and the Granite Man event, and are used by municipal vehicles and emergency responders; a petitioner read a statement and submitted the signed petition. Neighbors and several association members objected, citing concerns about precedent, taxpayer costs for ongoing maintenance and the fact that one of the roads is not a platted private way but lies on an easement recorded at the registry of deeds.

Town counsel’s written opinion (provided at the meeting) advised that RSA 231:59-a requires the Board of Selectmen to hold a public hearing and make written findings before expending funds for a private way and cautioned that the petition could be seen as attempting to circumvent the board’s authority and the statutory process for declaring an emergency lane. Selectmen noted that the petition did not follow the statutory emergency-lane procedure and that taking on plowing without acceptance of a road as a public way could expose the town to maintenance and liability issues.

After deliberation the Selectmen voted to recommend “not to recommend” the petition warrant article to voters (board motion passed). The petition will still appear on the warrant as a citizen-submitted article.