Whenever a new street, or an alteration, widening, change of
grade, discontinuance or location anew of an existing street is wanted
in the City, application therefor shall be made by petition in writing
to the City Council signed by not less than six inhabitants of the
City or by the City Planning Director or the City Engineer.
Upon petition in writing to the City Council signed by more
than 50% of the abutters, determined by lineal footage, on a private
way, for certain repairs delineated in this article, the Mayor and
City Council shall act first on the petition, and if they deem it
best that a view or hearing shall be had thereon, they shall refer
it immediately to the Board of Public Works.
A. The type and extent of repairs shall be limited to, in whole or in
part, filling of holes in the subsurface of such ways and/or repairs
to the surface; said repairs shall be with construction materials
as per the current accepted maintenance standards of the City Department
of Public Works and as approved by the Director of the Department
of Public Works. Minor repairs of an expedient nature may be made
at the discretion of the Director of the Department of Public Works,
notwithstanding any provisions of this section.
B. Drainage may be included at the discretion of the Director of the
Department of Public Works, and any City ordinance regarding betterment
assessments for same shall remain in force if applicable.
C. There is no limitation on the length or shortness of time a private
way may have been open to public use to qualify under this section.
D. The City shall not be liable on account of damages caused by such
repairs to any greater extent than the City would be liable for such
damages in the case of a public way.
E. As soon as may be after any such petition has been so referred to the Board of Public Works, such Board shall view the premises, and hear all the parties interested therein, having first given notice of the view and hearing to all abutting owners in the manner prescribed in §
338-4.
F. The Board of Public Works shall thereafter report to the City Council
whether in its opinion the repairs are required by public necessity.
The Board shall include in said report a statement as to whether,
in the opinion of the Board, betterments should be assessed for such
repairs upon property legally subject to such assessment, and thereafter
to notify the City Council of the completion of any such work upon
which the assessments of betterments have been recommended.
G. The City Council shall take such action upon the report, and the
subject matter therein contained, as it shall deem best.
H. Such repairs shall not be undertaken until the City Council shall
declare that the repairs are required by public necessity.
I. The City Council shall assess betterments upon the owners of estates
which derive particular benefit or advantage from the making of such
repairs on any such private way. Such assessment, if any, shall be,
in the aggregate, 1/2 of the total cost of such repairs and, in the
case of each such estate, in proportion to the frontage thereof on
such way. Except as otherwise provided, the provisions of Chapter
80 relating to public, improvements and assessments therefor shall
apply to repairs to private ways ordered to be made under this section;
provided that no assessment amounting to less than $25 shall be apportioned
and no assessment may be apportioned into more than five portions.
Cash deposits shall not be required for such repairs.
The City Council shall first act on the petition by referring
it to the Board of Public Works for hearing and sending a copy to
the Planning Board.
After viewing the premises and hearing all parties who may desire to be heard, as provided for in §
338-4, the Board of Public Works shall report to the City Council as to whether, in its opinion, common convenience and necessity require the street to be laid out, altered, widened, discontinued, located anew or the grade thereof changed.
If the Board of Public Works decides in favor, in whole or in
part, of such laying out, altering, widening, changing of grade, locating
anew or discontinuing of a street or way as hereinbefore provided
in this article, it shall, as soon as may be, cause to be prepared
a plan and description of such proposed laying out, altering, widening,
changing grade, locating anew or discontinuance.
Any plan for the laying out, altering, widening, changing of grade, locating anew or discontinuing of a street, sidewalk, or way, properly before the Board of Public Works under §§
338-3 and
338-4, shall be prepared at the written direction of the Board of Public Works.
Before proceeding to estimate the damages as aforesaid, the Board of Public Works shall give all interested parties an opportunity to be heard thereon. If a separate hearing on damages is to be held, then notice shall be given to all interested parties in the manner provided in §
338-4. The notice of the hearing on damages need not contain a copy of the petition or abstract thereof.
Any member of the Board of Public Works may attend any meeting
of the Mayor or City Council while a report of the Board is under
discussion, and may make any statements regarding the report as the
Board member thinks fit.
The Director of the Department of Public Works shall notify
the Board of Public Works that the way has been laid out and constructed.
The Board of Public Works shall then act upon the assessment of betterment
and report thereon to the City Council.
The City Council shall take such action as it shall deem best
upon the report and the subject matter therein contained.
It shall be the duty of the Board of Public Works in reporting on all matters relating to the laying out, altering, widening, discontinuing, change of grade or repairing of the streets of the City, in accordance with the provisions of Section 4, Chapter
334, Acts of 1872, establishing such Board, to state in such report whether, in the opinion of such Board, betterments should be assessed upon property legally subject to such assessment, and thereafter to notify the City Council of the completion of any such work upon which the assessments of betterments have been recommended.
The Board of Public Works shall, in submitting reports recommending
assessments of betterments, submit with such recommendation lists
of such assessments as in its opinion should be made, together with
information as to what agreements may be made by the City Council
for the assumption of betterments under the laws of the commonwealth.
All private streets or ways hereafter proposed for public acceptance
shall have a width of 50 feet or more, except, however, any such private
street or way where, in the opinion of the Board of Public Works,
common convenience and necessity will be as well served by a public
way less than 50 feet in width.
No way shall be laid out, established or accepted as a public
way in the City unless the location, direction and grade of such way
shall have been included in the report of the Board of Public Works.
The City Council may refer to the Board of Public Works any
matter relating to streets, bridges, sidewalks, sewers, drains, or
other public works, parks, squares, and public places, including the
estimate of damages and betterments, and thereupon it shall become
the duty of such Board to consider the matter so referred and report
thereon.