[Adopted as Title 10, Ch. 10.04, of the 1986 Code]
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.
A.
As soon as may be after any petition mentioned in §§ 338-1 and 338-3 has been referred to the Board of Public Works by the City Council, such Board shall view the premises and hear all the parties interested therein, having first given notice of the view and hearing by mailing notices to all known interested parties, postage prepaid, to their respective addresses of record, as well as posting notices in two public places and publishing in a newspaper of general circulation, all at least seven days prior to such hearing.
B.
If an interested party does not have an address known to the Board,
then such notice may be left with his tenant or agent, or shall be
posted on or near the premises which would be affected by the petition.
C.
All notices mentioned in this section shall contain a copy of the
petition, or the substance thereof, and the order of the Board thereon,
and such view and hearing may be adjourned from time to time, and
from place to place, at the discretion of such Board.
D.
For the purposes of this section, "interested party" means the owner
or owners of land abutting upon such existing or proposed street or
improvement and the owner or owners of land upon which such new street
or improvement is proposed to be laid.
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.
A.
Except in case of discontinuance, if the Board of Public Works is
in favor of the proposal, it shall estimate the probable expense of
fitting the way for travel, and at the same time, if, in the opinion
of the Board, damages would be sustained by or benefit conferred on
any person in his property by reason of such laying out, altering,
widening, changing of grade, locating anew or discontinuing of any
street, it shall estimate the amount of damage or benefit to each
owner.
B.
Damages for all land and buildings are to be estimated with reference
to their value before the laying out, altering, widening, locating
anew or discontinuing of the way, and such estimate shall not include
any increased value occasioned merely by such laying out, altering,
widening, changing of grade, locating anew or discontinuing.
C.
All such estimates shall be submitted with the Board's report to
the City Council.
D.
If the Board's report contains a recommendation that betterments
be assessed, a schedule of the estimated assessments shall be included
in the report.
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.
A.
At any time after notice of a hearing has been given by the Board of Public Works under § 338-4, and before final action by the City Council upon the Board's report, any party interested may apply in writing to the City Council, requesting a hearing before the City Council upon anything contained in the report.
B.
The City Council shall hear the applicant upon giving the Board of
Public Works, the Director of the Department of Public Works and the
applicant due notice of the time and place of said hearing.
C.
Any hearing conducted under this section shall be open to all interested
parties who appear and desire to be heard.
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.
A.
The name "avenue" shall be given only to the longer and more important
streets of the City.
B.
All narrow passageways less than 25 feet in width shall be called
"lanes" or "alleys" according to fitness; the longer and more important
of them shall be called "lanes," and the shorter and less dignified
ones shall be called "alleys."
C.
All blind or dead-end streets or passageways shall be known as "places"
or "courts."
A.
Construction
of sidewalks. No sidewalk, with or without curbing, shall be laid
out, established or altered unless the question of laying out, establishing
or altering shall have been first referred to the Board of Public
Works by the City Council.
B.
Notice
of hearing on sidewalks.
(1)
The Board of Public Works shall, as soon as may be, cause a notice of the time and place of the hearing of all parties interested therein to be given to the several owners of land in front of which such sidewalk is proposed to be laid out, established or altered as provided in § 338-4.
(2)
Such notice shall be served at least seven days before the time of
such hearing upon each owner either by delivering to him or to his
authorized agent an attested copy thereof or by leaving such copy
at his last and usual place of abode in the City; provided, however,
that if any owner is not found by such officer in the City or is known
to such officer to have any last and usual place of abode or authorized
agent therein, then and in such case such officer shall post such
copy on or near the land in front of which such sidewalk is proposed
to be laid out, established or altered and shall also notify such
owner by registered mail sent to his last known business address at
least seven days before the time of such hearing, and such notification
shall be a sufficient service upon such last-described owner; and
such officer shall, before the time appointed for the hearing, make
a return on the original notice of his doings thereon, and deliver
the same to the Board of Public Works, which shall transmit the same
to the City Council with its report.
C.
Determination
of necessity of sidewalk. At the time and place appointed as mentioned
in this article, the Board of Public Works shall meet and hear all
persons and parties interested claiming to be heard, and, if deemed
necessary or requested thereto, shall proceed to view the premises,
and it shall thereafter report to the City Council whether common
convenience and necessity require that a sidewalk be laid out, established
or altered.
D.
Sidewalk
plans and profiles. If the Board of Public Works reports in favor
thereof, in whole or in part, it shall cause all necessary surveys,
plans and profiles to be made, indicating the height, width and grade
of the proposed sidewalk, and the materials of which it shall be constructed.
E.
Time frame
for completion of sidewalk. If the Board of Public Works deems it
proper that the construction, as well as the laying out, of the proposed
sidewalk should be ordered, its report shall also state the time within
which the same shall be completed, which time shall be at least 30
days.
F.
Notice
of sidewalk construction. When the City Council has ordered a sidewalk
to be constructed and completed within a certain time, notice thereof
shall be given by the City Clerk to the owners of estates abutting
land on which such sidewalk is proposed to be constructed, and such
notice shall be served, returned, filed and preserved in the office
of the City Clerk for future reference. However, the City Clerk shall
not be required to give notice to the owners of estates abutting land
on which said sidewalk is proposed to be constructed when there are
no City costs or assessments and wherein all costs will be paid by
the federal or state government.
[Amended 3-22-1993]
G.
Construction of sidewalks by City. Whenever any sidewalk, or any portion thereof, which has been laid out, established and ordered by the City Council to be constructed, after notice to the owners of real estate as is provided in Subsection F, is not completed within the time fixed in the order mentioned in this article, the Director of Public Works shall, within six years from the date of the order, cause such sidewalk to be constructed according to the original order.
H.
Assessment
for sidewalks; lien.
(1)
A reasonable amount, not exceeding 1/2 the cost of construction,
shall be assessed by the City Council upon the abutting estate; and
the sum so assessed shall be a lien upon said land for the period
prescribed by General Laws Chapter 80, as amended.
(2)
The City Clerk shall certify the assessment to the City Collector,
who shall forthwith demand payment thereof, and proceed to collect
the same as provided for the collection of taxes or other claims due
the City.
A.
Removing public shade trees to widen highway. No public shade tree shall be removed for the purpose of widening a highway until notice of said removal has first been given as prescribed by General Laws Chapter 82 and a hearing held thereon by the Board of Public Works.
B.
Altering
or abolishing tree belts.
(1)
No tree belt shall be altered or abolished unless the question of
altering or abolishing has first been referred to the Board of Public
Works by the Mayor or City Council.
(2)
The Board shall, as soon as may be, cause a notice of the time and place of hearing all interested persons to be given as prescribed by General Laws Chapter 82.
(3)
A copy of said notice shall also be sent to the Conservation Commissioner
and to the City Forester.
(4)
After hearing all interested parties, the Board shall report thereon
to the Mayor or City Council.
C.
Maintenance of tree belts. The tenant or occupant of any single parcel of real estate which contains only one rental or dwelling unit and, in case there is more than one rental or dwelling unit on a parcel, or where there is no tenant or occupant, the owner or person having the care of any real estate abutting on any public or private way within the City where there is a tree belt shall keep the tree belt free and clear of all litter, debris, noxious weeds as defined in § 327-26, and brush, and shall maintain the tree belt in a clean and sanitary manner.
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.
