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By Crystal Yormick
Should the city handle snow removal and maintenance on certain private ways? If so, which ways? Who decides? How should it be funded? Those were some of the questions that came up during the Oct. 21 meeting of the Medford Public Works and Facilities Committee, which considered and then approved two motions regarding private ways.
The first motion was to get legal counsel to clarify how legal liability changes under the adoption of a state law — Chapter 40, Section 6C — which would allow the city to set aside money to remove snow and ice from certain private ways. If the measure is approved by the committee, the initiative will become a ballot question at the next regular city election, which is next November, about a year away.
The second motion delayed the final vote on a measure that, if passed, would create and assign a line item to fund upkeep and maintenance of private ways. The committee will discuss information and guidelines that should be posted online. It also requested a legal opinion about having a line item for private ways.
Councilor George Scarpelli, who sponsored both items, said they are a starting point and conversation starter. He said visiting the resolution and moving it forward is the “baseline” for this process.
“My intention is to get the ball rolling to start talking about the understanding and the policies and processes about private ways,” he said at the meeting. “There’s so many misconceptions and misunderstandings and unknowns with the process.”
The meeting included a presentation by Councilor Justin Tseng about accepting Section 6C. He said accepting it would allow the city to spend more money for private ways and requires a public vote. If approved, the city would then name which private ways get plowed, without changing the designation of private ways into public ways, and set aside money for it.
Currently, the city plows private ways, but state guidance says 6C needs to be in place to pay for it, according to Tseng. If the item is placed on next year’s ballot, and residents vote against it, the city might not be fully compliant with state law by plowing private ways, he said.
“There’s a lot of positives for 6C passing,” Tseng said.
Medford Public Works Commissioner Tim McGivern said he supports the measure, as long as people are aware that it could be voted down. If that happens, the city might have to phase out plowing on private ways, all of which it currently plows, he said.
McGivern said accepting 6C would relieve owners of private ways of the liability burden if someone were to slip on a private way without it. Currently, a situation like this would expose the city and the private way owner to liability that isn’t regulated by state law, he said.
So, what makes a private way?
One of the main questions causing confusion throughout the process is the question of what makes a private way and what makes a public way. The city takes care of public ways, but the responsibility of private ways usually falls on the abutting property owners.
“A private way isn’t just a private way,” McGivern explained. “A private way is a parcel of land that has rights associated with it that are private.”
In Medford, 39% of the roads are private. In March of 2025, Councilor Matt Leming posted a piece answering questions about private ways and what they entail. Residents are able to make private ways public, but it is a costly process, and the financial burden would fall on residents.
“Some private ways will require millions of dollars, tens of millions of dollars, to rebuild from scratch, and they might not be worth it to make a public way,” McGivern said. “They may always stay private ways unless the people who live on that way would like to invest in it.”
The other item, if approved, would create a line item for the maintenance and upkeep of private ways. It stated that private ways in Medford don’t receive their “fair share of funding” for maintenance and upkeep.
City Council President Zac Bears said the city should create a frequently-asked questions (FAQ) page for private ways.
Councilor Anna Callahan asked if creating the line item would open the city up to more legal liability. McGivern responded that if the city wants to set aside money for private ways, it should be done under a separate ordinance. However, he said he wouldn’t recommend that right now and would instead wait a few years to fund that.
McGivern also said the city has a draft of a map detailing all the public ways the city is in charge of. Bears said this resource could include a message that lets residents know what it might mean if they’re street isn’t on that list.
