[Adopted 10-15-1979 ATM (Ch. 4, § I, Para. 1-10, of the Bylaws)]
The Director of Public Works shall have the discretion to cause
repairs to be made to private ways within the Town, said discretion
to be exercised in conformity to the following standards.
Temporary repairs may include the filling and grading of holes
and repairs to the surface. Materials used shall, when practical,
be the same as, or similar to, those used for the existing and surrounding
surface but may also include bituminous concrete or other materials.
Installation or repair of existing drainage may done if practical
and necessary.
The Director of Public Works shall not make such repairs unless
he has first made a determination that both the public convenience
and public necessity require the same. In making such determination,
he shall consider all pertinent factors, including, without limiting
the generality of the foregoing, the cost of the repairs and the benefit
to the general public resulting therefrom.
Repairs amounting to an upgrading of a private way shall not
be made without the written request of no less than two-thirds of
the landowners whose property abuts the private way.
There shall be no assessment of costs of temporary repairs.
The Town of Lynnfield shall not be liable for damage caused
by said temporary repairs.
No private way shall be repaired hereunder unless and until
it has been open to the use of the public for no less than six years.
No cash deposit shall be required.
In the event any provision of this bylaw shall be held invalid,
such invalidity shall not affect the validity of any other section.
