[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
The Town, acting at the direction of the Board of Selectmen,
shall have the authority to make temporary repairs on private ways
in the Town pursuant to the provisions of MGL c. 40, § 6N,
as amended; subject, however, to the following terms and conditions.
Repairs made pursuant to this bylaw shall be limited to those
which are necessary to place a particular way in passable condition
for vehicular traffic. The Board of Selectmen shall have discretion
to determine the type and extent of repairs to be carried out in accordance
with this bylaw.
Drainage facilities or appurtenances shall not be included in
any repairs under this bylaw.
No repairs shall be done hereunder unless the Board of Selectmen
determines certain repairs are required by public necessity.
No repairs shall be done under this bylaw unless a petition
is filed with the Town Clerk requesting the Board of Selectmen to
do repairs under this bylaw in a designated private way or portion
thereof. No repairs shall be done unless at least a majority of the
abutters to the way or portion of the way to be repaired signs such
petition.
Betterment charges shall be assessed for the entire cost of
all repairs done pursuant to this bylaw. The assessment of betterments
shall be done by the Board of Selectmen in the same manner as in the
case of the imposition of betterments with respect to construction
of public ways.
The Town shall not be liable on account of any damages caused
by or arising out of such repairs.
No repairs shall be done hereunder on any private way unless
and until such way has been open to public use for a period of at
least 10 consecutive years.
No cash deposit shall be required for repairs hereunder.
Repairs carried out pursuant to this bylaw shall not constitute
evidence of the laying out or acceptance of such way under the General
Laws or as evidence of a public way by prescription.[1]
