All streets hereafter laid out or accepted by the town as a street or public highway shall be at least 50 feet in width, unless otherwise determined by the town manager, and shall not be accepted unless a plan showing in detail the location and proposed grade of such way is placed on file with the town clerk 7 days, at least, before the date of the town council meeting at which the acceptance of such way as a street or public highway is requested, and unless the construction of such way is in accordance with planning board subdivision regulations outlining street construction, and conforming to the grade set forth in said plan by the land owner or owners proposing the acceptance of such street or way. (Article VIII, § 18)
[Amended 12-17-1990]
The town may make temporary repairs on private ways which have been opened to public use for a period of six years or more, provided the repairs are for the protection of the health and safety of the general public using such roads.
Such repairs shall include the filling of holes in the subsurface of such ways and repairs to the surface materials thereof. Materials for such repairs, where practical, should be the same as, or similar to, those used for the existing surfaces of such ways, but may include surfacing the ways with bituminous materials, including but not limited to bituminous concrete.
Drainage determined to be necessary as a result of the repairs by the director of public works may also be done. Drain repairs shall be made only if petitioned for by all the abutters who own frontage on such ways with the approval of the land owner, if necessary, and if the town council declares that they are required by the public necessity and convenience to make such repairs based on the recommendation of the town manager and an advisory opinion of the director of public works. Drainage easements, if necessary, shall be the responsibility of the petitioners. The cost of such repairs shall be paid by the abutters by a cash deposit as herein provided.
No repairs shall be commenced unless and until a cost deposit equal in amount to the estimated cost of such repairs, as determined by the director of public works, is paid over to the town and the town council has voted its approval of the project. No betterment charges shall be assessed.
The town shall not be liable on account of any damage whatsoever caused by such repairs and Section 25 of Chapter 84 shall not apply. The town 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.
The town may, subject to the approval of the town council and based on the recommendation of the town manager and an advisory report from the director of public works, make temporary minor repairs to private ways not to exceed $500.00 in total, provided the private way has been open to public use for a period of six years or more. The repairs shall be limited to minor work such as filling, patching, and grading or scraping not more than twice per year.
No such repairs shall be done unless there is unanimous agreement by all abutters that the work shall commence and the town of Southbridge shall be held harmless from any and all damages or claims arising out of such repairs. MGL Chapter 84, Section 25 shall not apply. (Article VIII, § 39)
Every curb cut onto a public way shall be made in conformity with standards and procedures established by the Town Manager.
The director of public works shall from time to time propose to the Town Manager adoption, amendments or revisions to reasonable rules and regulations governing the location and installation of curb cuts onto town ways not inconsistent with the subdivision control law or with any other provisions of a statute or of any valid by-law or By-law of the town. Curb cut rules and regulations may prescribe the size, form, contents, style and number of copies of plans and the procedure for the submission and approval thereof, and shall set forth the design requirements and methods of construction to satisfy the town’s standards. A true copy of the rules and regulations, with their most recent amendments, shall be kept on file available for inspection in the office of the inspector of buildings, in the office of the director of public works and in the office of the town clerk.
Prior to promulgating amendments or revisions to such rules or regulations, the Town Manager, or the Town Manager’s designee, shall first publish in a newspaper of general circulation in the town once in each of two successive weeks notice that a public hearing will be held concerning adopting, amending or revising such rules and regulations with information concerning the scope of the proposed action to be taken sufficient for public understanding; the first publication to be not less than 14 days before the day of the hearing. Following the promulgation of amendments or revisions to such rules and regulations, they shall forthwith be filed with the inspector of buildings, the office of the director of public works and the office of the town clerk.
Transitional Provision
The Curb Cut Regulations in existence on the effective date of this By-law shall remain in effect until amended or revised in accordance with this section.
Every building including, but not limited to, dwellings, apartment buildings, condominiums, and business establishments shall have affixed thereto a number representing the address of such building. Said number shall be of a nature and size and shall be situated on the building so that, to the extent practicable, it is visible from the nearest street or road providing vehicular access to such building. (Article VIII, § 11, MGL c. 148, § 59)