Festering Problems

The Middleboro Board of Selectmen is blessed with the historic legacy of ignoring issues and failing to reach resolution where ever possible.

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Unaccepted streets and private ways have long been a festering issue that the BOS has misused public funds to avoid addressing.

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In fairness, there are a number of private roads that residents prefer to deny public access. Gibbs Road comes quickly to mind. You simply can't have it both ways.

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Faced with dwindling resources, partly caused by Fuzzy Math and financial mismangement, residents are forcing the town to finally address the matter.

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Middleboro residents sue town for plowing private streets

On Tuesday the town was slapped with a lawsuit by 10 residents who claim using public funds to plow private ways is illegal.

“If people want to live on private ways where the public is excluded, why the hell should tax dollars be used for private removal?” said Ed Beaulieu, one of the 10 who brought suit.

The group is asking for a jury trial unless selectmen discontinue the practice.

The ongoing issue was addressed by selectmen at their Nov. 16 meeting, where they were advised by Town Counsel Daniel F. Murray, in a Nov. 12 opinion letter, that the town leaves itself open to a lawsuit unless it adopts a provision of the state laws which allows it to use public money to plow private streets.

Selectmen ignored Murray’s opinion and voted to continued the practice of plowing 18 of the town’s 93 private streets.

That didn’t sit will with 10 residents who filed suit on Nov. 23. Finance Committee Member Joseph Thomas and his wife Margaret, former Finance Committee member Nancy Thomas, former town moderator James V. Thomas, Chairman of the Council on Aging Board of Directors Sarah Jigerjian, Mary Jigerjian, Ed and Susan Beaulieu, Stephanie Thomas and Charles Lincoln.

Beaulieu said he lives on a private way in Oak Point and pays a monthly fee, part of which pays for snow plowing. He said people who live on private ways should pay for their own plowing.

“It’s an issue of fairness,” he said.

The lawsuit seeks to stop the town from plowing public ways, and would ask to recoup attorney fees.

“We just them to stop breaking the law,” Beaulieu said.

The group is represented by former selectmen Adam M. Bond who offered a compromise that would save legal fees, stop plowing private ways with public money until the town adopts MGL Chapter 40, Section 6C, a provision that allows plowing in emergency situations.

A hearing for a preliminary injunction is scheduled for Nov. 30 in Plymouth Superior Court.

Selectmen are scheduled to discuss it behind closed doors on Monday.