This Week's Q & A

Q: We live on a cul-de-sac “private way” in a neighborhood that consists of 12 houses. The town provides school bus service, trash and recycling pick-up, but refuses to plow the street. Town officials say they are concerned about liability should their snow plow damage the street. We argue that we pay taxes and receive other services, so there is no reason we shouldn’t receive this one. So far, that argument has fallen on deaf ears. Is our position justified? And if so, what recourse do we have?

A: According to the attorneys I consulted, the town is within its rights in refusing to plow your street. Under state law, local governments can plow private ways if they choose, but they are not required to provide that service. Typically, cities and towns will approve such requests, based on a recommendation from the local Department of Public Works. The DPW will assess such factors as the condition of the street, the difficulty of plowing it, and the potential for damage to the plowing equipment. In your case, the town apparently was sufficiently concerned about the condition of your street to reject your request.

Under these circumstances, your options are limited, my legal sources suggest. While it is true that you pay taxes, it also is true that you willingly purchased property on a designated “private way,” which, by definition, is reserved for the use of the owners. Presumably, that exclusive use was part of the property’s appeal and part of its value. But since it is not a public way, there is no basis for insisting that other taxpayers assume the responsibility for maintaining it. You can’t demand a rebate based on the town’s failure to provide snow removal services for your private street, any more than taxpayers who don’t have children can demand a rebate because they don’t derive any direct benefit from the public school. Public tax dollars collectively support many services which individual taxpayers may not use.

There are two possible avenues you might pursue. First, ask local officials to explain their concerns about your street, and find out if there are any specific repairs or alterations that would address the problems they see and make the street safe for the local snow plow. You and the other owners then can determine whether you want that service badly enough to pay for whatever repairs may be needed. Alternatively, you can petition the town to “take” your private way and convert it to a public road, for which the town and its taxpayers would be responsible.