LIVERMORE — Selectpersons have voted unanimously to send all information on the town’s easement road maintenance issue to the town attorney, Lee Bragg of the firm Bernstein Shur.

Selectperson Tom Gould said the legal services of the Maine Municipal Association have been exhausted and cannot help anymore.

Earlier this year, Peter Coughlan, director of the Community Services Division of the Maine Department of Transportation, reviewed a map of the town’s roads while working on the proposed sand/salt shed. At the time, he told Gould and the highway foreman that the town, by law, has no right to be on private roads and could be liable if work was done on them.

Gould put together an inventory of town roads. His research showed that some are private and some are public; others are considered to be easement roads, which are not public but drivers are allowed to use them.

Gould went through town reports and minutes from prior town meetings. He found references to votes to plow easement roads, but specific roads were not listed.

MMA legal staff has said those votes are not legally binding unless specific roads are named in the minutes.

The easement roads are Marcus Street, Keith Street, Cozy Cove Road (formerly known as Haskell Road), the end of Richmond Hill Road and Bartlett Pond Road.

To make the easement roads legal, a new easement must be drawn up for each road. Every property owner must agree to the easement and have it recorded in the deed. Townspeople would have to vote to continue winter maintenance on the roads with each road identified. 

Gould said the easement process, for both residents and the town, could be costly. The first step would be a title search for each property owner. Property owners and their lawyers would then set up the easements and record them on their deeds. Once the easement for each road is established, it would be reviewed by Bragg.

A special town meeting would be held and the easement roads voted on. Each road would be specified.

Gould suggested first holding an informational meeting and taking a straw poll to see what townspeople think.

“If 90 percent are interested, go forward,” he said. “If only 50 percent are interested, don’t. There will be legal fees on both sides.”

Selectperson Wayne Timberlake said the votes to approve plowing easement roads began in 1989.

“If all these people have easements and the town voted, could we have our attorney look at it to see if we can find a cheaper, quicker way to resolve this?” he asked. “I personally feel the intent of the vote was to plow these roads.”

Selectpersons voted unanimously to consult with the town attorney on the matter.

Resident Peter Castonguay asked whether the town would be considering new easement roads.

Board Chairman Mark Chretien said he was in support of what was done in 1989 but was not looking to add new easement roads.

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