Eastport grapples with issue of 'right-of-way' streets

The Eastport City Council is grappling with an unexpected issue brought to its attention by resident Janice Bonavito of 26 Mitchell Street that there are possibly a number of "right-of-way" streets in the city that may not be plowed by the city starting this winter. At its September 14 meeting, the council heard from Bonavito that she and others on her section of Mitchell Street had found out that the city's Public Works Department no longer planned to plow the street because it is a "right-of-way."
Bonavito explained that she has owned her property since 2004 and the paved street has always been plowed by the city during her ownership and had been plowed before she bought her property. The State of Maine, she pointed out, has language about "history and use of maintenance." She said, "It's been maintained by the city for all these years ... It's part of our taxes. Plowing is a given." She added that, according to tax maps, she and her neighbors do not own the street. 'Who owns it?" If the city doesn't own it, then the city needs to find out who does, she said.
Councillor Ross Lawrence said, "There are dozens of roads such a yours" and then suggested that the council needed to investigate further. Bonavito responded by saying that there are senior citizens living on the street, and without plowing their access or access by others to them would be in jeopardy. Residential vehicle traffic, postal and other delivery vehicles, school buses, utility trucks, ambulances, fire trucks and other emergency management vehicles would have difficulty navigating unplowed streets.
In a separate interview, City Manager Kate Devonshire explains that she doesn't have a definitive number of how many streets fall into the right-of-way category, but as examples that she does know about she mentions parts of Capen Avenue, Michenor Street, Harris Point and the Shackford Street extension.
The Maine Municipal Association created a guide based on Maine law that defines street and road types that do or do not fall under municipal obligation: a town way, a public easement and a private road. Most roads and streets under municipal jurisdiction fall under the fee simple interest or the easement interest. In the guide there is no use of the term "right-of-way" streets. The guide gives an abbreviated explanation of the differences between road types, municipal obligations, owner obligations and the legal processes that are followed to abandon streets or roads. For more information visit www.legislature.maine.gov/doc/3365.
The City of Lewiston has ordinances to help residents and city employees understand the different street types and how to navigate obligation of maintenance. It lists accepted streets, unaccepted streets and accepted public easements. Accepted streets are city-owned and receive city services. Unaccepted streets are not legally recognized and receive no city services. Accepted public easements are "an easement for public use by motor vehicles and pedestrians over privately owned land as defined [by statute] ... It becomes accepted by being laid out by the city, by receipt of a deed, or by recognition of a prescriptive use or other dedication. Accepted public easements are not accepted streets, and the city has no obligation of maintenance and repair. The city only has an easement for use by the public. Limited municipal services may be provided, such as snow removal, grading and rubbish collection. The city may upgrade such public easements, at its discretion, or as provided" by state law.
During the city council meeting, Councillor Floyd "Bub" Andrews made a motion to continue plowing right-of-way streets. Council President William "Billy" Boone joined him in the affirmative vote, but Councillors Jeanne Peacock and Lawrence were opposed, suggesting more time was needed for research. Councillor David Oja was absent. Boone explained to Bonavito that the vote failed but that the council would conduct more research and bring the item back for consideration, most likely at its October meeting.