Town won’t plow Wildflower Drive

By Melissa Fales
Turley Publications Reporter

WARE – On Jan. 6, the eve of a threatening ice storm, residents of Wildflower Drive appeared before the Board of Selectmen to once again plead their case for the town to take over snow and ice removal on their private road.
Wildflower Drive, located near Gould Road off of Route 9, remains in limbo as Hampden Bank prepares to foreclose on the subdivision’s owner, Somerset Development. A foreclosure sale on the property is scheduled for Jan. 30, 2009.  Early in December, Somerset Development notified the residents of the road’s four occupied homes that it no longer has the money to plow snow or otherwise maintain the road.
The residents first approached the selectmen at their Dec. 23 meeting when Wildflower Drive resident and spokesman Paul Morrison read a statement explaining the situation the homeowners were in. Town Manager Steven C. Boudreau said it would be an unlawful use of town funds to plow the roadway without a town meeting vote authorizing the action. “This is a private controversy, not the public’s issue,” he said, and suggested the residents of Wildflower Drive pool their money to have the road cleared by a private contractor. Boudreau said he had already asked town counsel if the town could legally plow the private road. “He specifically said no,” said Boudreau.
At the Dec. 23 meeting, Morrison provided a list of towns that do plow private roads, including Barnstable, Brewster and Wellesley, and asked Boudreau to look into how it was done in those municipalities. At the recommendation of Fire Chief Thomas Coulombe, the board asked Boudreau to contact the Division of Banks to see if they might work with Hampden Bank on a solution.
At the Jan. 6 meeting, Boudreau reported that he had checked with the towns on Morrison’s list and with the exception of one, and they had all adopted Massachusetts General Law Chapter 40 section 6C with a public vote at town meeting, which allows for towns to appropriate money to plow private ways. The exception was the town of Reading, who, according to Boudreau, was unaware of the statue until he called asking about it.
Boudreau also reported that he contacted the Division of Banks and ultimately spoke with an attorney for Hampden Bank who explained that Hampden Bank doesn’t own the Wildflower Meadow subdivision, “they own the bad loan,” and don’t intend to plow Wildflower Drive. However, if no one purchases the property at the foreclosure sale, the bank may choose to buy it. If they own the land, they will take up the responsibility of maintaining the road.
Morrison said after extensive research, he couldn’t find one state law that forbids a town from plowing a private road. He asked the board to delegate Wildflower Drive to “emergency lane” status. Selectwoman Melissa D. Weise suggested that Boudreau could ask town counsel about the “emergency lane” idea. Morrison questioned town counsel’s objectivity in the matter, and implied that since he is paid by the town, he might be biased. “I’ve known David (Wojcik) many years,” said Selectman John A. Desmond. “If there was a way of doing this legally, I believe he would find it….He is working for the town and working for you.”
Morrison also brought forth allegations that Ware’s Department of Public Works currently plows and sands two private ways, Williston Drive (off of Juniper Drive) and Walter Drive off of Church Street. He said the town should either stop plowing these streets, or grant Wildflower Drive the same privileges. Chairman Gerald L. Matta explained that the town voted to accept a portion of Walter Drive at a town meeting several years ago. Selectman Richard Norton explained that Walter Drive was intended to be a two-phase construction process, with separate environmental impact statements. After it was determined that the intended second phase would compromise a wetlands area, further development was prohibited and the town voted to approve the front portion of the road. Boudreau said that Williston Drive was adopted by the townspeople under a similar circumstance.
“Our investment in this town was based on good faith,” said Morrison. He added that he and his wife have enjoyed living in Ware with its beautiful Christmas decorations and friendly people. “All that now becomes gray,” Morrison said.
Weise called the situation “crazy,” adding that between town counsel’s time and the town manager’s time, the town has probably already spent more on researching the issue than it would cost to just plow the road.  Desmond said that plowing one private road would open up the town to other issues. “If we don’t go by the law – then we are liable,” said Matta. Norton said that there would be more than one creditor filing against Somerset Development and that the residents should get on the list to get their expenses covered. “We all feel for you,” said Buelow-Cascio, “but you are on a private way and you have an issue with a private contractor… It comes down to using public funds for a private use.”
Morrison said the Wildflower Drive residents hope to have a warrant on the ballot for the Annual Town Meeting in the spring asking the town to adopt the road. At the board’s suggestion, the residents will request to be placed on the agenda for an upcoming Planning Board meeting as part of the legal process. D.P.W. Superintendent Gilbert St. George-Sorel will also have to ok the measure before it can appear on the ballot.