[Adopted as Art. XXIII of the Bylaws]
The Town, acting pursuant to MGL c. 40, § 6N, shall
be authorized to make temporary repairs on private ways (commonly
referred to as "unaccepted streets") as therein provided.
Such repairs may include repairs to the surface and subsurface.
Repairs may include the installation, construction and repair
of drainage.
[Amended 5-10-2021 ATM by Art. 44]
Petitions for repairs shall contain a description of the repair
project, together with an estimate of the cost, be signed by a majority
of the abutters and submitted to the Select Board, which, after investigation
and determination that said repairs are required by public necessity,
may at its discretion recommend that Town Meeting authorize said repairs
and appropriate funds therefor. For the purpose of this subsection,
"a majority of abutters" shall mean the owners of more than 50% of
the built-on and buildable lots abutting on the way or ways subject
to the petition.
[Amended 5-10-2021 ATM by Art. 44]
Betterment charges shall be assessed for repairs performed hereunder
for a maximum of five years. In general, betterment charges shall
be assessed by the number of built-on and buildable lots included
in the repair project, each lot sharing an equal portion of the cost.
Any lot receiving benefit or advantage from the repair project will
be included in the assessment base equally, unless otherwise determined
by Select Board, which alternative apportionment may be requested
by the petitioners.
Repairs may be included only on such ways that have been released
from covenant and/or bond, open to the public, and the estimate for
the repair project must exceed $5,000.
The Town shall not be liable or accountable for any damage caused
by repairs made pursuant to this bylaw.
