[Amended 5-9-2023 ATM by Art. 31]
The Town of Southampton, through its Select Board and Highway Superintendent, shall have the general direction and management of making temporary repairs on private ways which have been opened to the public use for six years or more, and in such cases MGL c. 84, § 25, shall not apply. Such temporary repairs must be determined to be of public necessity. Said repairs shall not include construction, reconstruction and resurfacing of such ways. The cost of such repairs shall be paid by the abutters. Such repairs shall be made only if petitioned for by the abutters who own 50% of the linear footage of such ways. No such repairs shall commence unless and until a cash deposit equal to the estimated cost of such repairs is paid over to the Town of Southampton. Said temporary repairs shall only include the filling in of holes and depressions with sand, gravel, cinders or other suitable material. The Town of Southampton shall be held harmless on account of any damages whatever caused by such repairs by agreement executed by the abutters who petitioned for such work.