Private Road Maintenance and Repair

Dear Residents,

The Select Board has received the following request for information.

 

Does the Town plan on "stopping all maintenance of non-public roads, one of which is Old Acres Road?"

 

Thank you for checking with the Select Board for accurate information.  There is no such plan.  To the contrary, we have been working with the Select Board and Highway department to begin adopting more of the private roads so Holland has better ability to maintain our roads.

 

By statute, no private road can be maintained using public funds.  The town adopted the following bylaw under the provisions of G.L. c. 40, s. 6N,

Section 10.3 Maintenance of Private Ways

10.3.1 The town may make temporary repairs on private ways which have been open to public use for six years or more

10.3.2 Such temporary repairs may include the regrading of gravel roads, the oiling of oiled roads, filling of potholes, depressions and ruts with suitable materials and replacement of damaged culverts, but not including original construction

10.3.3 No such repairs shall be made unless The Board of Selectmen determines that such repairs are necessary for public convenience and safety Approved October 27, 1993

10.3.4 No betterment charges shall be assessed and no cash deposit shall be required for such repairs

10.3.5 The town shall not be liable for bodily injury, death or damage to property caused by any defect or want of repair in a private way Approved October 27, 1993”

https://town.holland.ma.us/sites/g/files/vyhlif3266/f/uploads/chapter_10.pdf

 

The adoption if this bylaw allows the town to do minimal temporary repairs.  We cannot exceed this bylaw as state law precludes the Town from doing more. Due to the highway department being level funded year after year, and in light of the increasing cost of materials, the Town is limited in resources for such projects.  In view of this, the highway department does the best it can with minimal resources. I reiterate that there is no such plan to cease the care the town is allowed to perform on the private roads.

 

By beginning the process to adopt more roads we are hoping to better serve the community.