Following the filing of a petition with the Town Clerk which
is signed by more than 50% of the abutters, any defect, including
drainage, in a private way which has been open for public use not
less than five years shall be repaired by the Town, on a temporary
basis only, if such defect is found to impair public safety and emergency
access. The total cost of such repairs shall be paid by all abutters
to the private way. A cash deposit of 50% of the estimated cost shall
be made with the Town by the abutters to the private way in need of
repair. Before any work is commenced, all abutters shall be required
to sign agreements to indemnify and hold the Town harmless from personal
and property injury resulting from any defects in such ways.