[Adopted 5-14-2018 ATM by Art. 20]
Notwithstanding the provisions of any general or special law
to the contrary, the Town of Norton is hereby authorized to make temporary
repairs on private ways within its corporate and municipal limits
which have been open to public use for six years or more, and in such
cases the provisions of MGL c. 84, § 25, shall not
apply.
After a vote by a Town Meeting of the Town of Norton, pursuant
to petition by at least 2/3 of the abutters thereon, that conditions
exist on a private way which require temporary repairs by public necessity,
the Highway Superintendent of said Town shall cause the temporary
repairs to be made. Said temporary repairs shall include only the
filling in of holes or depressions with sand, gravel, cinders or other
suitable materials in order to make said way passable, and shall not
include construction, reconstruction, or resurfacing of said ways.
Drainage shall not be included. Betterment charges shall not be assessed.
Said Town shall have no liability in tort on account of the performance
of such repairs. In no event shall temporary repairs be made to any
private way where the cost of said repairs shall exceed the sum of
$3 per linear foot as delineated by the Highway Superintendent.
The Town of Norton is hereby authorized to appropriate money
for the purposes of this bylaw.
