I. Council Action Requested.
Title
To accept the public easements for Shore Road, identified by the Town as Designated Private Ways and that have met the criteria set forth by private and special law L.D. 1975, for the purpose of the Town’s continued winter maintenance services on the defined public easement area.
Body
II. Basis for Council Action.
Council approval of this item is required because;
a. Article II, Section 3(I) of the Charter authorizes the Council to “Exercise all the legislative, financial, borrowing and other powers now or hereafter given by statute to inhabitants of towns acting in Town Meeting except as otherwise provided herein, and also exercise all the powers now or hereafter given by statute to municipal officers of towns”;
b. State statute L.D. 1975, Section 3 (1) states that the “council may identify a private way in the Town of Windham as a designated private way” if the Town has “performed winter maintenance on the private way if for at least 20 years prior to the effective date of this Act”, June 17, 2021; and
c. Chapter 204, Article 3, Section 204-34 (as amended May 24, 2022) states “beginning October 1, 2023, the Town will cease providing winter maintenance on designated private ways unless an association with authority over the private way or the owners of at least 67% of the owner(s) or abutter(s) of the designated private way or portion thereof have given and the Town has accepted a public easement over the private way or portion thereof.”
III. Issue Summary.
Shore Road, Shore Road Association, [Statutory]
Please refer to the attached easements.