“Not all private roads are equal” was a popular phrase at the Windham Town Council meeting on Tuesday night when 12 residents – all local builders or homeowners – lashed out against ideas for updating private road standards.

Town Council Chairwoman Donna Chapman said the major question coming out of the meeting is whether the town would adopt a standard that forces builders to upgrade the entire private road to today’s standards if they increase development on only one part of the private road. An alternative is for the private road standards to be dealt with on an individual basis when a developer looks to build along the road.

The discussion of private road standards continued a conversation from last week’s meeting, when the council decided in a split 3-3 vote not to extend a six-month moratorium on development on private roads near Forest Lake in East Windham. The moratorium was put in place last summer following concerns from Cumberland’s rescue services about the accessibility and safety of passage on the private road. Cumberland stopped providing emergency response services to the roads that stem from Lakeside Drive, which runs for about a mile along the edge of Forest Lake.

Chapman, who opposed the extension of the moratorium, said that since the moratorium was put in place, the Forest Lake roads have been brought up to standards that will allow for safe passage of emergency vehicles. Emergency calls are now sent to both Windham and Cumberland, who both respond to the area.

Chapman said that given the widespread problems on private roads, which make up nearly half of the roads in Windham, they should push to write new standards for improving the safety and accessibility of all private roads in the town.

On Tuesday, Town Planner Ben Smith presented the council with ideas for addressing “public safety issues presented by new development on existing grandfathered private roads.”

Although safety regulations were adopted in 2009 for all new private roads in town, the roads built prior were grandfathered, meaning they do not need to be brought up to current standards, according to Smith. Since the new standards were put in place, the town has not required upgrades to a grandfathered road, even after developments are built on roadside land. The suggestion of possible required upgrades, including widening roads, was at the heart of the controversy Tuesday.

Scott MacDonald, who brought his two young sons to the meeting, said he worries that new standards could potentially prevent him from breaking off lots for his children when they are looking for a home, or selling the lots to send his kids to college.

Gordy MacDonald, a developer, said it would be a mistake to “put a blanket standard on the whole town,” he said. “There has to be a way to deal with the roads individually.”

Michael Manning, a resident of Bruschi Road, said the residents aren’t advocating for blanket standards to the town’s roads.

“We’re trying to prevent somebody from building a bunch of homes without doing the due diligence of improving the road,” Manning said. “It’s not about trying to prevent somebody from breaking off a piece of land for their kids.”

Councilor Timothy Nangle said the council needs to have standards in place that will provide “some level of predictability.”

Councilor Robert Muir agreed, and said, “doing it on a case-by-case basis is how we got here.”

David Foster, a builder working on a new road for three new lots, said the council should get more input from the public before proceeding in making decisions about standards.

“It’s my recommendation that you give thorough public notice so that the people who are going to be most affected – the ones that it’s going to affect their wallet – get proper notice, a chance to come in here and speak their case,” Foster said.

Another idea for fixing the private road problem was to include in the ordinances governing development on private roads a bond, the amount to be determined on a case-by-case basis, that would encourage developers to fix any damage they make to the road while building. If a developer fails to fix the road, the money would be given to the road association to make the necessary improvements.

However, Town Attorney Natalie Burns said, “the bonds would not upgrade the roads, only keep them the way it is.”

Chapman said it’s also important for the residents on private roads to form road associations and “step up and fix the roads. They need to be diligent about fixing the roads, and the bond will protect them when there are developments.”

David Nadeau said the council “has to move on private roads. It’s going to hurt some people and satisfy others.”

Lakeside Drive, a road along Forest Lake, has been a source of controversy in Windham, with the moratorium on development ending on Feb. 22 and standards for constructing and maintaining private roads not yet in place.