ST. CLAIRSVILLE — Tensions were high as the Belmont County Board of Commissioners held a public hearing for the dedication of Country Lake Drive to become a public road in Richland Township.

A dedication is a legal process of converting a private road to a public road.

Diane Senakievich of Shaheen Law Group represents residents who live on Country Lake Drive. The residents were asking commissioners to make a resolution placing the road under the jurisdiction of Richland Township, which would then provide road repair, snow removal and related services.

According to Senakievich, the developers who own the road were supposed to be responsible for the road repairs but did not fulfill their duty.

“The developers didn’t hold up their end so as our people are residents and taxpayers, by statute there is an obligation for that road to be dedicated and for them to get those services,”

Michael Shaheen, owner of Shaheen Law Group, said after the meeting. “Now how the upgrades get addressed and whether the developers are ultimately held liable depends on whether the township goes after them or how that’ll be handled.”

Debate during the meeting occurred between Mead Township Trustee Ed Good, Pultney Township Trustee Frank Shaffer and Senakievich. Good and Shaffer both agreed that the road should not be dedicated.

“In a nutshell, townships are not opposed to getting new roads. Actually, we encourage that. It’s good for everyone. It’s good for the residents, it’s good for the communities, and it’s good for the township,” Good said.

“However, if it is not under the standards of the county engineer, it can become problematic for the township. But the bottom line is this — with the township form of government, taking a private road and not bringing it up to specs suggested by the county engineer, that becomes very problematic for us as far as how we maintain that road when developers come in with new subdivision regulations. Part of that development should address the number of things within the infrastructure whether it be water, sewage and roads, and we haven’t even talked about sidewalks.”

Good said that he is not against having the road dedicated as long as it is up to Belmont County Engineer Terry Lively’s specifications. He added that he believes this will set a precedent for the other townships in Belmont County to dedicate roads that aren’t up to Lively’s standards.

“If it’s not brought up to specs, we have several concerns on how do we maintain it. Whether you’re talking delivery services, garbage trucks, not knowing the condition of the road, whether there have been core samples taken, what the weight limit is, what its type of aggregate and all of that other stuff that goes in there,” Good said. “We see it being a real concern.”

Shaffer spoke next, informing the people in attendance that 1962 was the last time Belmont County engineer’s specifications were created. Shaffer credited the commissioners for creating the Belmont County Planning Commission to look at and update the specifications from 1962, establishing subdivision specifications that were officially adopted in late 2023. Regarding roads, the updated standards address questions such as required surface materials and road bed depth and width. The new specs also deal with other subdivision issues, including required lot sizes, utility installation, fire safety and slope suitability for septic systems.

“This particular subdivision needs a lot done on that road,” he said. “I think that we need to take a serious look at this because I do not believe that we should pass this particular road. It doesn’t even meet the 1962 specs.”

He added that he believes it’s unfair to put the burden of fixing the road on the taxpayers of Richland Township. Senakievich rebutted that her clients are also taxpayers and have paid almost $3 million in taxes without receiving services on the road.

Good asked the commissioners to table the dedication to allow the Belmont County Township Association time to meet with Senakievich’s clients. He said this is an important step because this decision would be a precedent-setting decision that could potentially affect all of the townships in Belmont County.

Commissioner Jerry Echemann asked Senakievich about the background of the road.

“So this was a private road that wasn’t built up to standards and just wasn’t very good and the county had no involvement,” Echemann said. “So the obvious question at this time would be why isn’t the developer being sued?”

Senakievich replied, “The short answer is we have 65 homes in a subdivision who need services, and it’s becoming a safety issue.”

She added that she spoke at length with the Belmont County Prosecutor’s Office and Richland Township Board of Trustees about potentially going after the developer legally after the commissioners make their decision.

“It’s a safety concern, especially now that we’re going into winter. I have kids walking down a hill above Hammond Road where people fly, and a kid is going to end up getting hit. It’s a safety issue and that’s why we’re here now,” Senakievich said. “But we have offered and will continue to offer to work with the prosecutor’s office and the township and anyone else to address the developer and obtaining funds.”

Commissioner J.P. Dutton added that he has looked in great detail to determine if the county may have previously made an error when County Lake Drive was first developed.

“We looked exhaustedly at this and the county did not make an error. The county’s engineer did not make an error,” Dutton said. “A developer came and asked for this to be a private road and the county granted a private road. What seems to have transpired after that sounds like a lack of following through from the developer to do exactly what they have promised.”

He added that several roads have changed from private to public roads since 1962.

“This does meet 1962 standards, which are very lax,” he said, adding that he believes the road should be maintained in order to serve the people who live there.

The commissioners proceeded to unanimously approve the resolution granting the dedication of Country Lake Drive.

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