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Dispute over plowing and acceptance of Countryside/Ben Farnsworth Road raises liability questions
Summary
Residents and a developer clashed with Selectboard members over whether town maintenance (plowing) implies legal acceptance of Ben Farnsworth Road; the board declined to accept the road and suggested consulting Primex and exploring hold‑harmless language or bond enforcement.
A dispute over whether Brookline should plow a partially completed road drew strong comments from a developer and residents at the Sept. 15 Selectboard meeting.
Developer representatives and a contractor said the town's past maintenance could imply acceptance and that failure to plow risks emergency access; the Selectboard cautioned that the Town does not consider a road accepted until it meets required standards and said performing maintenance on an unaccepted road raises liability concerns. Selectboard members recommended consulting Primex (the town’s insurance/HR counsel) about drafting hold‑harmless agreements and about the legal effect of maintenance regarding implied acceptance.
The board noted a two‑year maintenance bond applies after topcoating and expressed concern that accepting the road early could prevent the town from calling the bond if future work is needed. Discussion became heated; members declined to send a video to the Planning Board but emphasized the public nature of the meeting and the need for more legal guidance before a decision on maintenance practices.
