FRANKLIN - What began as a plea for help over deteriorating conditions on a private road turned into a tense, emotional and heated exchange at the June 2 Franklin Town Council meeting, as residents of Thoroughbred Road demanded answers about code enforcement, loose animals and the future of a road they believe the town should eventually accept.
For more than 20 minutes during the public comment period, residents Nicholas Muscarella and Randy Bloomfield pressed town officials on a range of concerns they say have plagued their neighborhood for years.
At the center of the dispute is Thoroughbred Road, a private road off Snake Hill Road. Residents contend that language contained in deeds dating back decades envisioned eventual town ownership of the roadway. They asked the board for a commitment that if homeowners paid to bring the road up to town standards, the town would accept it into the highway system.
Supervisor Donald Smith refused to make that commitment.
Muscarella opened the discussion by describing what he said were worsening conditions.
“I lived here 14 years as a resident, and the conditions on that road are getting terrible,” he said.
He questioned why town laws were not being enforced, alleging there were numerous unregistered vehicles on a neighboring property.
“I would like to know why the town is not enforcing laws,” Muscarella demanded.
The discussion quickly moved to a long-running dispute over whether the town has jurisdiction to address conditions along the road.
Bloomfield told council members that residents had previously been informed they would need to pursue legal action themselves.
“You said because it’s a private road ... for us to do something, that we, the residents, would have to sue,” Bloomfield said to Smith.
Code Enforcement Officer Gregg Pitula explained that many of the complaints involve easement rights and private property issues beyond the town’s authority.
“The issues that they’re having on the property are civil,” Pitula said. “The only way to get the enforcement in an easement is for a civil suit between the neighbors and the property owners.”
Residents repeatedly challenged that interpretation.
“It doesn’t say that in the code that a private road is exempt,” Muscarella responded. “It says the town of Franklin ordinances. They’re there. That covers me as a taxpayer.”
Pitula maintained that while he sympathized with residents’ concerns, his authority was limited.
“I totally agree with you; the place is a disaster,” he said, referring to the complained-of property. “But I am not, as a code enforcement officer, allowed to enforce any rules in an easement or private property.”
The exchange highlighted the growing frustration among residents who say conditions along the road have affected quality of life and property values.
“It’s disgusting how we live,” Muscarella said. “If I wanted to sell my place, it would be depreciated.”
Residents also cited loose dogs, wandering cattle, abandoned trailers and road obstructions among their concerns.
Bloomfield said dogs frequently run into traffic.
“I almost watched two people go into a ditch,” he said.
Town officials acknowledged the town currently lacks a dog control officer after recent resignations.
“We’re working on the dog controller,” Smith said.
The discussion then returned to the future of Thoroughbred Road.
Bloomfield referenced documents dating to the late 1980s that he believes support eventual town acceptance of the roadway. He said homeowners had attempted to move the process forward and sought written assurance that investments in upgrading the road would lead to town ownership.
“I wanted something in writing that if it’s brought up to your specifications...that you will take it over,” Bloomfield said.
According to correspondence from the town attorney, Bloomfield said the town would require engineering inspections and documentation before considering dedication of the road.
Bloomfield said he returned to the board with a straightforward question.
“So I came back to you and said, listen, if all these conditions are met because we have to plan money for it, will you take it over?” he said.
Smith’s answer remained unchanged.
“[I’m] not going to commit to that,” Smith replied.
The response drew visible frustration.
Another resident then called out, “Then take us off your tax roll!”
Throughout the discussion, town officials repeatedly advised residents to pursue remedies through the courts.
“This is a civil matter,” Smith said. “Take your complaint to a judge.”
Residents argued that they pay town taxes and deserve municipal assistance.
“We don’t benefit from anything,” one resident said while questioning whether taxes could be withheld until issues were resolved.
Officials reiterated that disputes involving deed restrictions and easements were matters for civil court.
As the discussion neared its end, Muscarella softened his tone briefly, apologizing to council members and other officials he felt had attempted to help.
“I want to apologize to the board and the people that did try to do stuff for us,” he said. “I really appreciate the people that tried to do something for us.”
But his frustration remained evident.
“The next step is to see a lawyer and sue,” he said.
Bloomfield made one final attempt to secure a path forward, asking how residents could eventually persuade the town to take ownership of the road.
“We want to, for the next generation that comes in,” he said. “How do we move forward with that?”
Smith replied that the matter had already been reviewed by the town’s attorney and that the board’s position had not changed.
The exchange ended with Muscarella directing a final remark at Smith.
“I want you to resign,” he said.
Olin Evans Road resident Nino Triarsi also asked how many homes must be located on a specific road in order for it to be paved.
John Maier complained that midway through the summer, residents must keep their windows closed because of the unsettled and blowing dust from the dirt roads. Highway Superintendent Jamie Archibald said though he would like to have all roads in Franklin paved, it is not financially feasible. Olin Evans Road is not scheduled to be resurfaced with oil and stone or paved in the foreseeable future, Archibald said.
No further discussion followed, and council members moved on to other business. For the residents of Thoroughbred Road, however, the questions that brought them to the municipal meeting remain unresolved.
