Excluded from the terms of this article are private ways created
pursuant to the Subdivision Control Law, M.G.L. ch. 41, §§ 81K
through 81GG, and the Town of Bellingham Subdivision Regulations.
Temporary repairs shall be made on a qualifying private way only after the Board of Selectmen have determined that such repairs are required by public convenience and necessity. The Board of Selectmen may, after reviewing a petition, elect to have the Town perform temporary repairs on the entire portion which was petitioned for, or a lesser portion, provided at least 75% of the abutting property owners on the appropriate portion of the way are in favor of such action and costs are assessed as per §
191-7. In making its determination as to the public convenience, necessity, and advisability of making temporary repairs, the Board of Selectmen shall take into consideration the following factors:
A. The accessibility to emergency vehicles such as police, fire, and
rescue vehicles.
C. The number of years the way has been open to the public (not less
than five).
D. Such other relevant considerations the Board of Selectmen deem appropriate.
Temporary repairs may include the surfacing or resurfacing of
a way, the installation and repair of drainage, the filling of potholes,
depressions, and ruts, temporary patches, and/or grading.
The Town, in making repairs under this article, shall not be
liable on account of any damage caused by such repairs. Said repairs
shall not be undertaken unless the Board of Selectmen have in their
possession agreements executed by all abutting owners of the affected
area to release and save the Town harmless on account of any damage
whatever caused by such repairs. Such agreements to release and save
harmless shall be recorded in the Registry of Deeds, and shall be
deemed to be covenants running with the land and shall be binding
upon all subsequent owners thereof.
No term or provision of this article, nor any temporary repairs
pursuant thereto, shall be interpreted or construed to constitute
acceptance by the Town of any duty, responsibility, or liability for
a private way or portion thereof or for the enforcement of any private
right of any petitioner or abutting owner.