SOUTHAMPTON — The town’s three-decade practice of using public money to remove snow and ice from private streets may soon come to an end.

“It is illegal and other communities are doing it (plowing),” Select Board member James Labrie said at a public meeting Wednesday night.

But the Select Board wants to continue plowing the four streets and is looking into ways to do legally.

Labrie said the board consulted with legal counsel on the matter and found that the town doesn’t have the authority to plow private ways unless a bylaw is approved by voters.

A majority of members at the Jan. 24 Town Meeting, in a straw poll, said the town should continue to plow the private roads that are in public use. Petitions to advance the bylaw for an official Town Meeting vote were supplied at that Town Meeting, along with a draft letter to residents of affect streets.

Those streets include Bissonnette Circle, with 40 homes; Bass Cove Right of Way, 13 homes; Brickyard Road Extension, six homes; and Wallace Road, four homes.

For the question to be placed on the ballot, 200 Southampton registered voters must sign a petition.

Town Clerk Janine Domina said she needs all the signatures by Monday in order to get the question on the ballot for the annual Town Meeting in May.

Labrie said roughly 35 percent of the signatures have been collected. Most of the 40 people at Wednesday’s meeting signed the petition, joining 20 who had already signed it, Domina said.

Select Board members say they ultimately want to plow the private ways — but legally — in the interests of public safety. This includes maintaining access for emergency vehicles.

The town has continued to plow this winter to keep roads clear in case of emergencies.

“Because of the safety issues…we chose to continue through this snow season and try resolve it prior to next snow season,” Labrie said.

But some residents worry about the future if a bylaw isn’t passed.

“Over half our residents are young families with children,” said Robert Cestola, of Bissonnette Circle. “My daughter also has special needs. We’ve had two ambulance visits to our house this year.”

Cestola said on a moment’s notice they might need an ambulance to transport his daughter to a hospital.

Mary Sullivan has lived on Wallace Road for 20 years, and the entire two decades the town has plowed her road. She said once the town put a fire hydrant on the road, that was her understanding that the road was now public.

“We can pass this bylaw,” Labrie said. “That helps us help you.”

Caitlin Ashworth can be reached at cashworth@gazettenet.com.

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