Private Ways Liability
At a glance
- What: Order 26-172 to place acceptance of M.G.L. Chapter 40, Section 6C before voters in November 2027, and Resolution 26-160 asking for a plan to tell residents about private-way responsibilities.
- Where it stands: 26-172 was referred to the Public Works and Facilities Committee on September 29, 2026 (7-0). 26-160 was referred to the Public Health and Community Safety Committee on September 15 (voice 6-0).
- Next: The Public Works and Facilities Committee has the order on its October 21, 2026 agenda.
Claims in the order (offered by Councilor Scarpelli)
- In Gallagher v. City of Medford the Appellate Division of the District Court found that the City's informal maintenance of a private way, without having adopted Section 6C, estopped it from denying the way's public status under G.L. c. 84, Section 25.
- Medford still sweeps and clears snow on private ways informally; 39 percent of Medford roadways are private ways; the City has appropriated $0.00 for private-way repairs since 2020.
- Without acceptance the City is exposed to full public-way tort liability; acceptance needs a ballot question at the next regular City election.
Votes
- September 15, 2026, 26-160: Councilor Scarpelli moved, Vice President Lazzaro seconded, referral to Public Health and Community Safety Committee, 6-0 (Councilor Leming recorded absent). Micah Kesselman spoke.
- September 29, 2026, 26-172: Councilor Scarpelli moved, Councilor Callahan seconded, referral to Public Works and Facilities Committee, 7-0.
Sources
- City Council regular meeting minutes, September 29, 2026: https://medfordma.api.civicclerk.com/v1/Meetings/GetMeetingFileStream(fileId=990,plainText=false)
- City Council regular meeting minutes, September 15, 2026: https://medfordma.api.civicclerk.com/v1/Meetings/GetMeetingFileStream(fileId=981,plainText=false)
- Public Works & Facilities Committee agenda, October 21, 2026: https://medfordma.portal.civicclerk.com/event/512/files/agenda/986
Log
2026-09-29 - City Council
26-172 referred to Public Works and Facilities Committee 7-0.
2026-09-15 - City Council
26-160 referred to Public Health and Community Safety Committee.
2026-10-22
Page created from a posted agenda.