[Adopted 6-28-1982 STM by Art. 2, approved
10-4-1982]
This article is adopted in conformance with
the provisions of MGL c. 40, § 6N, to provide for the making
of temporary repairs on private ways.
The following conditions shall govern any repairs
made pursuant to this article:
A.
Any repairs shall be minor and temporary, as determined
by the Select Board, including grading and scraping and the filling
of holes and impressions with sand, gravel or other suitable materials
and shall not include the construction, reconstruction or resurfacing
of such roads.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B.
Drainage shall be included to the extent required
by public convenience and necessity as determined by the Select Board
upon advice from the Superintendent of Public Works.
[Amended 5-7-1991 ATM by Art. 63, approved
9-6-1991; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C.
The Select Board shall make a determination that such
repairs are required by public necessity before such repairs may be
undertaken.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
D.
Such repairs shall only be made if the Select Board
receives a petition from abutter(s) who own at least 50% of the linear
footage of such way.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
E.
Betterment charges may be assessed by the Select Board
on the abutter(s) of such way up to an amount equal to the cost of
such repairs.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
F.
The Town shall have no liability as a result of any
such repairs, except as may be provided by law, and shall be held
harmless on account of any damages whatever caused by such repairs
by agreement executed by the abutter(s) who petitioned therefor.
G.
The private way shall have been opened to the public
use for two years or more prior to the undertaking of such repairs.
H.
The Select Board may require a cash deposit equal
in amount to the estimated cost of such repairs, as determined by
the Superintendent of Public Works, to be paid to the Town prior to
the commencement of such repairs.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
I.
The Select Board may use any collection process deemed
necessary in collecting from the abutters.
[Added 5-7-1991 ATM by Art. 63, approved
9-6-1991; amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The Select Board shall have full discretion
in determining which repairs so qualify under this article.
