Perils, Pitfalls and Potholes of Private Drives: The Woods Road Dilemma

Rural is beautiful, in Bethany and elsewhere, but country life is unquestionably very hard on asphalt. At the last town meeting the topic of greatest concern was the condition of the roads, what would be done to repair them, how much would it cost, where was the money going to come from, and, “When are you going to fix our road?” For those living on town or state roads it’s hard enough, but for those living on the handful of private roads in town, it’s more of a conundrum.

At Monday evening’s Bethany Board of Selectmen’s meeting, Ben Rosenboom and Erwin Steward of Woods Road stopped by to discuss the condition of their street and ask for whatever help the town could offer. Woods Road is a private neighborhood of 18 residences, also referred to as Bethany Woods, off Route 69. It’s quiet, densely wooded and idyllically rural . . . until you actually try to drive in behind the wheel of something less "idyllic" than an ATV. The first half of the one-lane “paved” road isn’t terrible; it’s much like driving through a campground, but narrower and with more potholes and encroaching grass. The second half is pretty dicey, however, and the best word to describe the condition of the pavement might be “crumbled,” or possibly even “tortured.” (This editor was glad she was driving a truck, and once she got to the end of the street, really glad she’s good at backing up in narrow spaces as there is no turn-around or cul-de-sac.)

The drawback with private roads is they must be maintained by the residents and that includes plowing and repairs. According to Rosenbloom and Steward, when there were only a handful of homes on the street, it was not a big deal; someone ran around and collected the money for snowplowing and pothole repairs, most everyone paid up promptly, and the work got done. Currently, each household is responsible for $350 towards annual snow plowing.

“In our deeds there is a statement that says I am responsible, along with the other residents, for maintenance of the road,” Steward said. “This worked well for a long time and only one person refused to pay. With 18 people now it’s impossible to get them all to pay.”

“Every time, 13, 14, 15 people pay right away,” Rosenbloom said, adding that getting the $350 out of the remainder of the residences is like, “giving birth to twins.”

If $350 is a problem, with estimates for fixing the road coming in at between $3,000 and $5,000 per family, the ensuing collection issues may more likely to resemble birthing octuplets. Without anesthesia.

As last winter hovers in the forefront of everyone’s mind, along with the potential for an even greater decline in the condition of Woods Road, Rosenbloom and Steward are brainstorming to find a solution, and they pitched one possibility to the BOS on Monday: could the town of Bethany add the cost of road repair to the tax bills of the Bethany Woods residents, sparing someone (possibly them) the distasteful task of begging door-to-door?

The pair admitted there was little upside for the town, aside from goodwill and, of course, easier access for emergency vehicles.

Town Attorney Kevin McSherry said it would require research into the legal aspects, and if it turned out the town could take on the financial dealings, each resident of Bethany Woods would have to sign a letter agreeing to the proposal in advance.

Rosenbloom and Steward said they didn’t need an answer right away and they understood matters like this take time. Meanwhile, they are considering other possibilities.

“Maybe we can just skip the section of road in front of the houses that don’t pay,” they joked . . . kind of . . . and thanked the board for considering their request.

The Woods Road paving problem will be added to the agenda of the next board of selectmen’s meeting.