To Plow or Not to Plow? That is the Question for Private Roads in Watertown

During the Blizzard of 2013, those living on private roads were surprised to see that that town did not plow their roads as they had in most storms. Now it appears they may not be plowed ever again.

Watertown officials began researching rules for plowing private ways - roads not owned and taken care of by the town. They found that Massachusetts state law does not allow towns to spend money to remove snow and ice on private roads. 

Until now, Public Works plows would plow private ways after the storm is over. The reason for doing so is to allow police and fire vehicles and ambulances to access homes on those streets, said Public Works Superintendent Gerald Mee. The rule applies to small to moderate storms, Mee said.

On Wednesday, a joint meeting of the council's Public Works and Public Safety subcommittees discussed the plowing question. The discussion brought up even more questions. 

Rules for Private Roads

Roads fall into three categories: state, town owned and private, said Town Councilor Vincent Piccirilli, a member of the Public Safety subcommittee. Private roads are not repaired by the town. Many are small dead-end roads, but some are through streets.

State law appears to prohibit plowing of private roads, Piccirilli said.

"My interpretation is state law does not allow snow and ice removal (on private roads) unless the town votes to allow it," Piccirilli said. 

Piccirilli checked with Town Clerk John Flynn and found Watertown has never passed a local ballot measure to allow plowing of private ways, or even had it on the ballot.

Private roads can become town roads, Piccirilli said but first they must be brought to standard. That process can be costly and would be the responsibility of those living on the private road.

Another question is how many private roads does Watertown have, said Town Councilor Cecilia Lenk. She said she has seen numbers between 30 and 50. 

"What we have is multiple lists and none of them patch, quite," Lenk said. "What we have in the Town Clerk's office does not match the (Department of Transportation) list."

No Plowing During the Blizzard

Residents of Oliver Road, a private road between Dexter Avenue and Adams Street in East Watertown, complained their street had not been plowed during the blizzard. 

The parking bans do not apply on private roads, Mee said. That can make roads more difficult to plow.

"As snow builds up vehicles begin slipping and sliding," Mee said. "There is a lot of risk of damage."

Oliver Road resident Jim Kraus said that cars can be moved to make way for the plows. He said he and other residents were surprised when the plows did not come during the blizzard.

"In the afternoon they let us know they were not going to plow," Kraus said. "If they had let us know before the storm we could have arranged for a contractor to come out."

If the town allows plowing of private roads, however, residents may have to follow parking bans - both during storms and throughout the winter, Mee said.

The subcommittee voted to ask town officials to come up with an official list of private roads, and also will ask the town's attorneys to give a legal opinion of the state laws applying ot plowing private roads.