KINGSTON, MASS. (WHDH) - Some Kingston residents face a challenging journey to get the potholes in their neighborhood fixed.

“I have a little car so I can kind of swerve in and out, but most people can’t,” explained Kim Irvine, a resident of Indian Pond Estate.

Traveling in and out of her neighborhood is rarely a smooth ride.

“I’ve dodged them well but I’ve hit some.. today actually,” said Chris Buffa, another neighbor.

Multiple potholes litter the neighborhood’s main road, Country Club Way.

“This is the worst that I personally have ever seen them,” said 10-year resident Karla Gonye. “Just between my house and the clubhouse, which is about half a mile, I counted 56 potholes.”

Over the years, residents said the potholes have caused damage to their cars including rim damage and flat tires. Now neighbors are afraid worse could happen.

“It’s a hazard for kids and for trucks,” Gonye said. “At some point it is going to be a tipping point.”

Patience is running out for residents who have dealt with the pothole problem for years.

“It’s frustrating because it just goes on for far too long. To live here for eight years and thinking a road is going to get fixed and you see other parts of the town and other parts of the community and they don’t have this issue; it’s frustrating,” expressed Dana O’Brien.

The road isn’t owned by the town of Kingston, so it’s up to the developer of the subdivision, High Pines Corporation, to fix it.

“If it was a public road, it would have had a second coat of asphalt, there could have been some preventive maintenance done on that roadway to prevent some of the cracking,” explained Keith Hickey, the Kingston Town administrator.

The town alleges in a lawsuit that High Pines Corporation failed to complete certain roadway and drainage work as required in their subdivision plan.

The town and the developer have gone back and forth in court over the road and other matters in the subdivision for almost two decades.

“We would like to find a solution but in this situation we need a partner that is willing to work with us to find that solution and to this point he hasn’t been,” Hickey said of the developer.

Hickey said he’s been a town administrator for 25 years and this is one of the worst situations he’s seen of a developer not complying with plans.

The president for High Pines Corporation and the company’s attorney declined to comment.

Recently, the company did patch potholes, but the town and the residents said this happens every year and won’t fix the problem in the long run.

“Patching is a band aid, they are going to come up again next year. They are going to come up in more numbers. We need the entire road paved,” Gonye expressed.

Hickey said the town estimates it would cost $2.5 million to repair the road.

The developer has claimed it “does not have the financial ability to compete the subdivision work sought by the town” in past court cases.

Kingston could take control of the road and make the fixes but that would mean raising taxes for everyone.

“To add a $2.5 million burden to the current taxpayers would be a tough pill to swallow,” Hickey said.

Another option is for the people living in Indian Pond Estates to pay the town to finish the road.

“It’s not a pleasant conversation to have but it’s one of the viable options that could be used to find the money to get this road network approved and improved sooner rather than later,” Hickey said.

Kingston and High Pines Corporation entered an agreement in 2014 that involved the developer finishing work in the subdivision. The town alleges that work was never done and sued the company for breach of the agreement. In 2022, a judge ruled in favor of Kingston but High Pine Corporation is currently appealing that decision.

Many residents are holding out hope that the latest court case will finally pave the way to a solution.

“It’s very frustrating,” Irvine said. “Something needs to happen or someone is going to get very hurt.”

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