Family battles for safe roadway on Saugus Avenue

Date: 11/4/2011

Oct. 31, 2011

By Chris Maza

Reminder Assistant Editor

EAST LONGMEADOW — All Joel Catanzarite and his wife Angela want is a street on which their children can safely ride their bikes.

Unfortunately for the Catanzarites, who live at the end of dead end Saugus Avenue, if they want any repairs done to the section of the road where their house is located, they and their neighbors would be forced to foot the bill themselves.

Unbeknownst to the Catanzarite family when they purchased their home, that section of the road, measuring approximately 250 feet in length, is actually a private way, despite the fact that the portion of the road that intersects with Westwood Avenue, approximately 300 feet, is public.

“A couple of years ago we got wind that our half of the street wasn’t a public way,” Joel said. “We’ve been trying to figure it out ever since.”

While the Catanzarites purchased their property four years ago next month, Joel told Reminder Publications that some of his neighbors have lived on the street since 1998 and he has learned through discussions with them that none of them were aware they were living on a private way.

He added that he and his neighbors recently learned of the Department of Public Works’ (DPW) Oct. 11 announcement of plans to pave the public portion of the street and that his attempts to work out an agreement with the town to get their portion taken care of as well have not been well-received.

Now the Catanzarites are engaged in discussions on several fronts in an effort to improve their section of the road, including going before the Board of Selectmen on Oct. 17 to ask for help.

“I’ve talked with [the DPW] and I’ve gotten shot down big time,” Joel said. “I’ve sent a million emails back and forth to different people and [Board of Selectmen Chair James] Driscoll seems to be the only one who has paid any attention.”

Because her husband was on business, Angela appeared before the board and told the selectmen that when they purchased the property through William Raveis Real Estate, the paperwork defined Saugus Avenue as a public way.

“We are trying to work with the town to get our portion of the street paved,” she said. “We have found it to be a pretty difficult task to accomplish, so we are looking to you folks to assist us or guide us or help us in achieving that.

“It doesn’t seem fair because we’re paying the same taxes, but aren’t seeing the same benefits,” she added.

The Board of Selectmen sympathized with the Catanzarites and their neighbors and said they would explore options, but added that the laws regarding town maintenance of private ways are clear.

“It’s pretty clear the Board of Public Works’ hands are tied,” Selectman Jack Villamaino said.

Board of Public Works Acting Chair John Maybury told Angela and the Board of Selectmen that owners of property on private ways are responsible for keeping the street at a minimum standard so the road can be passable for emergency personnel and vehicles.

He also explained that the only way the town can perform any work on the Catanzarites’ section of Saugus Avenue is if the town performs a street taking, for which a vote must be taken at a Town Meeting.

However, before such a vote can take place, the Board of Public Works must recommend the action. Given the condition of the road, significant improvements, including paving, must be completed.

“When we first found out we were on a private way two years ago, I asked [the DPW] to come out and talk about it,” Joel said. “The guidelines for the town to adopt the street were ridiculous. We would have to curb the street, pave the street and get something like 200 signatures, along with some other requirements.”

Driscoll said the Board of Selectmen will discuss the issue with the town’s attorney, the Board of Public Works and Building Inspector Daniel Hellyer to determine if there was a solution that could be beneficial to all involved.

In the meantime, he suggested that if the real estate documents state the property is on a public way, the Catanzarites may be able pursue legal action against William Raveis Real Estate.

“There’s somebody responsible and I would guess it would be your realtor who should have probably informed you of the situation,” Driscoll said. “This is a bad situation that we’re trying to work with you on, but whoever sold you that house is responsible.”

“I agree, with that, however, that was not the case,” Angela replied. “We have sought legal counsel and we apparently have no recourse at this point.”