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Rolling Brook residents press Blackstone board for snow removal; board seeks legal opinion
Summary
Residents of Rolling Brook Lane asked the Town of Blackstone Board of Selectmen on Dec. 17 for town snow and ice removal or guidance on the petition process under Chapter 40, §6C. The board directed staff to obtain an updated legal opinion and provide a list of private ways.
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At the Dec. 17 meeting of the Town of Blackstone Board of Selectmen, residents of Rolling Brook Lane asked the board to consider arranging town plowing and sanding for their private street or to provide clear instructions for a petition to put the issue before voters.
Miss Pelletier, speaking for neighbors, said the ten-house street faces high seasonal costs for private plowing and asked whether the town could intervene. “We’re just kinda looking at our options and wondering if it’s possible, to do a petition or whatever we need, to have the town plow and sand our street,” she said.
A town staff member read from a memorandum from Kopelman and Page explaining the statutory route for town-funded snow removal on private ways. According to the memo, “a petition signed by 200 registered voters is required to accept the provisions of section 6C of chapter 40,” and that question would be placed on the ballot at the annual town election; funds would have to be appropriated in a future fiscal year. The staff member also noted such ways generally must be “open to public use” to qualify under the statute and said Rolling Brook Lane currently has signage and likely does not meet that standard.
Board members discussed two paths: (1) meet the town’s full road-acceptance criteria (paving, drainage and stormwater compliance) and bring the road before a town meeting for formal acceptance, or (2) pursue adoption of Chapter 40, §6C through a voter petition and ballot question specifically for snow and ice removal. Several selectmen warned that approving §6C for one private way could create pressure for similar requests from other private developments, which would add staffing and equipment burdens for the Department of Public Works.
Residents said they have completed some maintenance tasks — clearing the detention pond and cleaning catch basins — and indicated they can provide paperwork documenting those efforts, but they requested clearer guidance from town staff on outstanding requirements. Miss Pelletier said the effort to obtain relief has been long-running: “About 7 years,” she said of the neighborhood’s attempts to resolve the issue.
The board directed the town administrator to request an updated legal opinion on Chapter 40, §6C and to provide the board and residents with a compiled list of private ways in town and a checklist of engineering/maintenance items (the board discussed engaging an engineering consultant such as Tetra Tech to identify required improvements). The town administrator said he would contact the town’s attorneys and share the opinion when available.
Next steps: town staff will obtain the requested legal opinion and circulate a list of private ways and a clear checklist of items Rolling Brook would need to satisfy for either ballot-based §6C acceptance or full road acceptance at town meeting.
