The Town may make repairs on private ways which have been opened
to public use for a period of six years or more and which provide
access to three or more residences, provided that the repairs are
for the protection of the health and safety of the general public
using such roads.
Minor repairs [$25 or less in material cost] shall be limited
to work such as filling, patching, brush/tree trimming, street sweeping
and not more than grading or scraping twice per year. Materials for
such repairs, where practical, should be the same as, or similar to,
those used for the existing surface of the way.
Major repairs, [more than $25 in material cost] such as drainage
work, tree removal, reconstruction and/or paving, may also be done.
[Amended 6-12-2021 ATM
by Art. 36]
Major repairs shall be made only if petitioned for by all the
abutters who own frontage on such ways and if the Select Board determines,
based on an advisory opinion of the DPW Director, that public necessity
and convenience require such repairs to be made. Drainage easements
shall, where necessary, be the responsibility of the petitioners.
The cost of such repairs shall be paid by the abutters by a cash deposit
as herein provided.
[Amended 6-12-2021 ATM
by Art. 36]
No major repairs shall be commenced unless and until a cash
deposit equal in amount to the estimated cost of such repairs, as
determined by the DPW Director, is paid over to the Town and the Select
Board has given its approval for the project No betterment charges
shall be assessed.
The Town shall not be liable on account of any damage whatsoever
caused by such repairs. The Select Board shall require an indemnity
agreement executed by the petitioning abutters, indemnifying the Town
for all claims and damages which may result from making such repairs.
No such repairs shall be done unless there is a unanimous written
agreement by all abutters that the work shall commence and the Town
of Littleton shall be held harmless from any and all damages or claims
arising out of such repairs. Massachusetts General Laws, C. 84, § 25,
shall not apply.