[Adopted as Art. 52 of the General Bylaws; amended 1981 ATM by Art. 8]
The Department of Public Works may, subject to appropriation at the Annual Town Meeting, make temporary repairs on private ways subject to the following:
A. 
The extent of repairs shall be to fill holes or mend other damage with materials similar to those used in the original construction. The intent of repair is to maintain the private way of present quality permitting safe passage when due caution is exercised.
B. 
Drainage structures may be repaired or constructed to correct a poor drainage or serious flowing problem which results in excessive maintenance work.
C. 
Repairs required by public necessity shall be performed without the requirement for petition by abutters.
D. 
The liability of the Town for damage caused while making the repairs shall be limited to and inclusive of that recoverable against the Town as provided for under Ch. 512, Acts of 1978.[1]
[1]
Editor's Note: See MGL c. 258.
E. 
Temporary repair of private ways will be limited to those ways which have been continuously open to public use for six years and which remain open for their future existence. Private ways posted as restricted in use to owners and/or their guests will not be maintained.