Selectmen balk at Kenico Road request

KENT — Members of a local subdivision came before the Board of Selectmen on July 6 to discuss plans for having the town take over maintenance of a road there.

No decision was reached at the meeting about who will now care for Kenico Road.

The road mainly serves the St. John’s Peak subdivision, which currently has eight homes and 50 lots that have not yet been built on.

Attorney William Manasse of Manasse, Slaiby and Leard in Kent, spoke to the board on behalf of the St. John’s Home-owners’ Association.

Eric Cieplik, president of the association, and homeowner and Inland Wetlands Commission member Paul Yagid were also present at the meeting.

Manasse said the records on the road are sketchy, but  his research indicates that  Kenico Road was constructed in accordance with town road regulations in the 1980s.

“This is not a situation where subdivision homeowners want you to take over a private road,� Manasse said. “From day one, it was intended that the town would maintain and ultimately take over the road. The town’s road ordinances were complied with when the road was built. You have homeowners up there who pay quite a bit of money in property taxes.�

Selectman Karren Garrity said more research is needed before the board can agree to begin caring for Kenico.

“I don’t feel that I have the background knowledge or legal expertise to say, ‘Oh, you’re right’,� Garrity said. “I think we need to get a lot more information and town counsel to weigh in. [Maintaining the road] may be an expense the town would wish or may not wish to incur.�

As for which branch of town government has the power of accepting and discontinuing town roads, there was some disagreement between First Selectman Bruce Adams and Manasse.

Adams said that only voters at a town meeting have the power to accept or discontinue roads.

However, Manasse disagreed and said that in 1991 by town ordinance the power was delegated to the Board of Selectmen.

“That is unusual because, in most municipalities, the town meeting has the power,� Manasse said. “Maybe reviewing the town meeting minutes of August 1991 [where the ordinance was voted on] would bring the facts to light.�

Selectman George Jacobsen asked Manasse how the town would benefit if it took over the road maintenance.

“It’s no more of an advantage or a disadvantage than serving the rest of the population in town,� Manasse said. “You would likely get more state road assistance for this.�

But, he added, “You have homeowners in those lots who are taxpayers and are entitled to municipal services.�

Adams said he would consult with the town attorney and get back to the rest of the selectmen.

“We could just vote ‘no’ and save the residents a whole lot of trouble,� Jacobsen said.

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