[HISTORY: Adopted by the Town of Groton 1-12-2004, as amended 2-9-2004 and 9-26-2005. Subsequent
amendments noted where applicable.]
The purpose of this policy is to establish procedures
for accepting a private way as a public Town road for the Town of
Groton.
[Amended 10-1-2018 ATM
by Art. 14]
A.
The Select Board shall begin the process of having
a private road accepted by the Town after receiving a letter from
the Planning Board releasing the performance bond and recommending
that the Select Board lay out a road.
B.
The Select Board may receive a request from an owner/developer
to have a road accepted by the Town. The Select Board shall forward
the request to the Planning Board for its recommendation.
A.
The owner/developer must submit the following prior
to the Select Board scheduling a road layout:
[Amended 10-1-2018 ATM
by Art. 14]
(1)
One Mylar, signed by the Planning Board. The Mylar
must have a space for the endorsement of the plan by a majority of
the members of the Planning Board, as follows:
|
) ) ) ) ) ) ) |
Being a majority of the Groton Planning Board
|
(2)
Four as-built plans (one for Town Clerk, one for Town
Counsel, two for Select Board’s office) and one eleven-inch-by-seventeen-inch
copy.
(3)
The owner/developer must deposit a cash bond in the
amount of $1,200 for each private way, to be deposited in a revolving
fund to reimburse the Town for any legal costs associated with the
road layout and road taking.
(4)
Submit a list of abutters certified by the Board of
Assessors.
(5)
The owner/developer will reimburse the Town for the
cost of publication of the legal notice and the cost of postage for
the certified mailing upon receipt of an invoice.
B.
After Town Meeting and prior to recording at the registry,
the owner/developer and mortgagees must sign the eminent domain release.
C.
The owner must provide a title certificate or title
search of the property.
A.
After receiving the letter from the Planning Board
and the written request from the owner/developer, Mylar, as-built
plans, cash bond, and certified list of abutters from the owner/developer,
the Select Board will determine a hearing date for the road layout.
[Amended 10-1-2018 ATM
by Art. 14]
(1)
The legal notice of the public hearing on the intention
to lay out the road must appear in a local newspaper at least seven
days prior to the hearing.
(2)
The Town will mail the public hearing notice to abutters
by certified mail and a copy to the owner/developer, Highway Surveyor
and Planning Board.
B.
The Select Board will hold the road layout hearing.
[Amended 10-1-2018 ATM
by Art. 14]
C.
The Select Board will forward a copy of the plan and
a copy of the executed layout order to the Planning Board.
[Amended 10-1-2018 ATM
by Art. 14]
D.
The Select Board will forward a copy of the plan and
the original executed layout order to the Town Clerk at least seven
days prior to Town Meeting.
[Amended 10-1-2018 ATM
by Art. 14]
F.
After Town Meeting, the Select Board will send a copy
of the layout order, certified vote of Town Meeting, the Mylar and
paper plan to Town Counsel to prepare the order of taking, eminent
domain release and notice of taking by eminent domain.
[Amended 10-1-2018 ATM
by Art. 14]
(1)
Town Counsel will prepare an order of taking, which
must be issued by the Select Board within 120 days of Town Meeting
vote.
(2)
Signed original Order of Taking, Eminent Domain Releases,
Notice of Taking by Eminent Domain sent to Town Counsel to be recorded
at the Registry of Deeds within 30 days of issuing Order of Taking.
(3)
Layout Order, Mylar and certified vote of Town Meeting,
which was previously sent to Town Counsel, is also recorded at the
Registry.
G.
After recording, any monies remaining in the cash
bond will be returned to the owner/developer.
