DPW COMMISSIONERS MEETING

February 28, 2011

Present were Jim Kilcommons, Paul Whitman, and Ben Bastianelli. Mike Virta was in attendance. Gene Fulmine not present. Bob Demarzo was also in attendance.

Payroll and warrants signed by the Commissioners. Minutes of 2.14.11 will be reviewed by the Commissioners.

Bob DeMarzo came into the meeting to discuss the plowing of Eriksons Lane. Bob began to discuss this stating the Town, at one time, plowed this street. Bob had submitted paperwork before the meeting for the Commissioners to review.

Bob stated again that the Town plowed this for a time and then stopped. He stated that in 2005, Mike Valenti wrote a letter to him stating that the Town does not plow or sand unaccepted roadways. In this letter, Mike Valenti stated that there was an instance on December 9, 2005 when there was an emergency that the Town plowed and sanded Eriksons Lane. It was also stated in the letter that they are responsible to provide these services until the subdivision is completed and accepted by the Pembroke Town Meeting.

It was also mentioned that in the DPW’s records of plowing and sanding, there has never been a mention of plowing and sanding Eriksons Lane with the exception of the above.

There was discussion of a paper subdivision and a 12 foot private way for this area in the paperwork submitted by Bob DeMarzo. Paul Whitman asked questions regarding the paving of the road and if it was done. Discussion of drainage was also mentioned.

Bob DeMarzo stated that there was a letter submitted that we plowed Eriksons Lane. Ben mentioned that was only on an emergency basis for public safety that was stated in the letter of 2005 from Mike Valenti.

Ben asked Paul if there was at any time by any board made a determination that only accepted roads sanded and plowed. Paul feels that when roads under construction/not completed, the contractor is responsible for the public safety of those roads. Ben asked where the rules are for these. Paul stated that these rules are in the conditions for the developer. He further explained all the requirements of the Planning Board. After the Town accepts the road, under the guidelines of the Planning Board, the DPW then sands and plows these roads.

Ben stated that a private way is an unaccepted road in the Town of Pembroke. Bob DeMarzo

was not in agreement with this. Bob stated that there are many roads in Town that are private ways. Paul stated that these private ways have a layout of a roadway. Ben mentioned that Eriksons Lane is part of a subdivision that has never been completed. Ben stated that everything that Bob DeMarzo submitted states that Eriksons Lane is a private way, which is an unaccepted road in the Town of Pembroke.

Ben feels that back in 2005 the DPW Director wrote a letter stating that this was an unaccepted road and would only be taken care of in an emergency. He believes that the burden of proof should left legally be on the people in that location. They can go figure out

Legally if the Town owns it we take care of it and if the Town doesn’t they take care of it. We should not take on the legal responsibility. This is for one reason only – if the Commissioners

take on this private way to plow and sand and maintain, the residents of all the other private ways will expect the same service. We cannot financially do this as a Town. Ben feels that we should leave the rules as is at this time and the burden of proof should be on the other party.

Bob DeMarzo states that we have plowed it and we plow other unaccepted roads. Bob will get us a list of other unaccepted roads that are plowed. Ben states that unfortunately things need to remain the same until the Commissioners hear otherwise. Bob stated that he will get us the list and get sworn statements that we have plowed the road before. Ben states that it will not help.

Paul mentioned that Bob Demers does not recall ever plowing Eriksons Lane in the 30-40 years that he has been with the Town. Bob DeMarzo stated that Hank Daggett said it was plowed. Ben stated that back in 2005 the determination was made.

Ben motioned to let it stand as is and it was established in December of 2005 that Eriksons Lane is part of a subdivision and it is an unaccepted road/private way and that DPW hasn’t plowed or sanded since the emergency of 2005. Seconded by Jim. All in favor.

The Commissioners thanked Bob DeMarzo for coming in. The Commissioners discussed this further amongst themselves.

Ben made a motion that we have made a determination and that we entertain no more time or discussion on it till such time that legally we are told that we have to do something with it.

The secretary can advise Bob DeMarzo of this if he wishes to meet with the Commissioners again with additional paperwork. If he wishes to go seek counsel, let him do it. We should not take on the expense of legal counsel for this. Seconded by Paul. All in favor.

Motion to adjourn at 8 p.m.

Respectfully submitted,

Janet Fahey

Secretary

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DPW Commissioners