[Adopted ATM 5-4-2013 by Art. 40]
The purpose of this article is to establish a policy by which
the Town can provide assistance to abutters of private ways who wish
to maintain and make improvements in order to provide continued safe
access for public safety services and to extend the useful lives of
their private ways. Such maintenance and improvements, including engineering
and permitting costs, if any, would be at the expense of the abutters
or beneficiaries of said private ways.
Pursuant to the provisions of MGL c. 40, § 6N, the
Westminster Department of Public Works is authorized hereunder to
make necessary temporary repairs to private ways in accordance with
the procedures set forth in this article. This article shall not be
deemed to mandate the Town to make repairs to any private way.
For the purpose of this article, the following terms shall have
the meanings indicated:
The document to be submitted to the Westminster Department
of Public Works, signed by at least 51% of property owners abutting
a private way, requesting temporary repairs to the private way specified.
The petition includes language indemnifying the Town of Westminster
from any and all liability related to temporary repairs to private
ways.
Any way existing in the Town for at least five years which
has not been legally laid out by the Public Works Commission as a
public way, or has not been accepted as a public way by Town Meeting,
and has been open to public use and for access by public safety services.
May include, but are not limited to, maintenance or repairs
to drainage systems, road base improvements, grading, filling with
like material of potholes, depressions or ruts, and application of
calcium chloride for dust control.
A.
Upon petition of at least 51% of the abutters and/or beneficiaries
of a private way, the Public Works Commission, by a majority vote,
may declare that the temporary repairs to said private way are necessary
or advisable for public safety or convenience. Such petitions may
request continuing annual temporary repairs, such as grading of gravel
roads, for a period up to five years without the need for submission
of annual petitions.
B.
The Public Works Commission shall estimate the cost of individual
requests for temporary repairs to private roads, and the Town shall
be paid in advance of the work by the residents of the private way
seeking assistance.
C.
An annually updated list of all private ways to which this section
applies shall be maintained by the Department of Public Works.
The Town of Westminster shall not be liable on account of any
damages caused by temporary repairs made pursuant to this article
in accordance with the terms of the petition.
