ROWE — For years, the Hardison and Houghtaling families have lived on a one-lane, unpaved, rugged stretch of Tunnel Road — a road opened in 1874, according to town records — and one that ends as a muddy, rutted trail on a stony ridge. But out of concern for their legal road frontage, these families don’t want the town to officially “discontinue maintenance” of the only road to their homes.
“Are you saying the town can discontinue the only legal access for two families?” asked Felicity Hardee, a lawyer for the families, during a public hearing on the matter Tuesday night. “I strongly encourage you not to take this vote.”
“I feel like my parents’ life and home has been threatened by this issue,” said Agona Hardison.
At least 30 people attended the hearing to see whether the Board of Selectmen should vote to discontinue maintenance — as a legal step to avoid liability if a hiker, snowmobile rider or ATV rider were injured there.
Selectboard Chairwoman Marilyn Wilson said the board was advised to take this vote by the town’s lawyer, as liability protection. The move would also allow the town to post warning signs that people using the road are “traveling at their own risk.”
Even residents don’t use this 2-mile section, which was called “lower Tunnel Road” at the meeting. Instead, they drive over a trestle bridge near the eastern Hoosac Tunnel portal. The trestle bridge is owned by PanAm Railways, along an access road used by the railroad for track maintenance.
The public hearing began with a lot of tension, but turned brighter as residents and town officials discussed an alternative to an expensive road repair: whether it would be possible for the town to repair and improve the old trestle bridge.
Earlier in the meeting, Wilson had said, if the families wanted the road to be reconstructed, the board could post a town meeting warrant article asking the town for a road feasibility study. But cost estimates for the 2-mile stretch of road through ledge and steep terrain could range from $150,000 to $180,000.
The families weren’t asking for road improvements, but wanted to “leave the door open” for future road fixes, in case the old trestle bridge, with its 6-ton weight limit, became unusable or was temporarily closed for repairs.
“If the bridge is in a state of repair, the public necessity requires the town to maintain the rest of Tunnel Road,” said Hardee. “The public conveyance and necessity requires you to maintain that.”
Billy Hardison, who lives on lower Tunnel Road with his wife, Leonda, asked if it would be possible for the town to strengthen the old trestle bridge with steel grading “if the railroad doesn’t object.”
“I think it is an avenue, once you get the railroad to agree,” said Selectman Walter Quist. “It would cost less than a study.” Quist suggested finding out whom to speak with from PanAn Railways, which owns the trestle bridge. He also suggested finding out if other towns have worked out cooperative agreements to use railroad properties in exchange for maintenance or repairs.
Melissa Houghtaling, of lower Tunnel Road, suggested forming a bridge committee to research the issues and meet with railroad officials, if possible.
Several residents present signed up to work on the bridge committee before the 2½-hour meeting ended. Instead of taking a vote on the road maintenance, selectmen agreed to explore possibilities for improving the bridge.
Meanwhile Wilson said she would also look for records that might prove a selectboard had already discontinued maintenance 30 years earlier.
Hardee had argued earlier that Tunnel Road had been a county road and that the board had no authority to stop maintenance on it.
Wilson produced research showing that the road was a town road. Also, she said she had just learned that, about 30 years ago, an earlier selectboard had voted to discontinue maintenance. Wilson said she would be looking for documentation of that earlier vote. If it is found, she said, another vote by the board would be “redundant.”
She pointed out that “discontinuing maintenance” is not the same thing as discontinuing the road, which requires a town meeting vote of approval. She said discontinuing maintenance could later be reversed.
Ellen Miller, who was on the Board of Selectmen in the 1980s, confirmed that board’s vote, although she didn’t remember exactly when it took place.
“There was time for public input, but I don’t think anybody showed up,” said Miller. “Nobody was really living on the road — on that section,” she continued, “and it was in really bad repair.”
“I think, at the time, the town thought the railroad was going to maintain the bridge,” said Fawn Hardison.
Wilson said the board had worked out how to continue providing fire and ambulance service to the town by way of the trestle bridge. She said the town has a fully equipped SUV support vehicle that could go to their homes with a medical response team, and transport the patient to a full ambulance on the other side of the bridge. She said the police cruiser is within the bridge’s weight limit, and for a fire, “we will airlift water, if necessary.”