This article is adopted to implement Chapter
237 of the Acts of 1995, to provide for the permanent repairs on private
ways.
The following shall govern any repairs made
pursuant to this article:
A. The Select Board is hereby authorized to make provision
for permanent repairs on private ways and roads within the corporate
limits of the Town, including improvements to grading, drainage, paving,
resurfacing and curbing.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B. The Select Board shall make a determination that such
repairs are required by public convenience and necessity before the
repairs may be undertaken.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C. Such repairs shall be made only if the Select Board
receives a petition signed by abutters who own cumulatively at least
50% of the linear footage of such way/road. The petition shall be
accompanied by written proof evidencing ownership of the linear footage
of each abutter.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
D. The Town shall have no liability as a result of undertaking
any such repairs to private ways or roads, 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 abutters who petitioned
therefor.
E. The private way/road shall have been opened to the
public to use for two years or more prior to the undertaking of such
repairs.
F. The Select Board shall determine the scope of repairs,
including whether and to what extent any of the following shall be
undertaken: grading, paving, resurfacing, scraping and filling of
holes and impressions with sand, gravel or other suitable materials.
Drainage repairs shall be included to the extent required by public
convenience and necessity, as determined by the Select Board, upon
advice and costs estimates from the Director of Public Works.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]