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For law of the Commonwealth relating to this subject, see G.L., C. 82, § 17 et seq.
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.
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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.