Petitions for laying out an existing street as a public street
or way, or for altering, relocating, or discontinuing any existing
street, way or highway, within the city limits, shall be presented
to the city council and such petitions shall be referred to the planning
board as provided by General Laws, chapter 41, section 811. In all
cases, except where a street is to be discontinued the petition must
be accompanied by a profile of the same and by a description defining
clearly and accurately the lines bounding such proposed street and
also a map showing such boundary lines and the position of the monuments
which mark the same, and stating plainly both in words and in figures
the width of the proposed street and the true bearings of the boundary
lines. The petition shall also include a list of abutting property
owners so far as known.
No street shall be laid out as a public street or way by petition
unless all abutters shall have released to the city without compensation
the necessary land and abutting shoulder slopes. This section, however,
shall not apply to proceedings instituted and had under the provisions
of law relating to the assessments of betterments.
[1]
State law reference: See G. L., C. 80, C. 80A.
In conjunction with the planning board's report on the
laying out, altering, or relocating of any street as a public street
or way, the city engineer shall make a survey and recommend a grade
and provision for drainage for the proposed street.
No grade for any street shall be adopted until a notice in writing
has been sent by the city engineer to each owner, if known, of property
abutting on proposed street, inviting him to examine a profile showing
such grade.
The profile shall be on exhibition for a period of not less
than five days in the office of the city engineer. Such notice shall
state the time during which such plan shall be on exhibition, and
the time when the city council will hold a public hearing on the proposed
grade. After hearing the grievances or objections of interested parties,
the city council may adopt or reject the proposed grade. If adopted
by the city council, the same shall become final; if rejected, the
same shall be restudied by the city engineer.
No existing, streets, now in use, shall be laid out by the city
council of a width less than 50 feet, unless the commissioner of public
works and the city engineer, through the mayor, have certified in
writing that a lesser width is practicable, in which case, upon the
recommendation of the mayor and a two-thirds vote of all the members
of the council, an existing street may be laid out at a width of less
than 50 feet.
