[Adopted 6-1-1992 ATM by Art. 37 as Ch. VI, Sec. 17 of
the 1992 Bylaws]
Upon the petition of a majority of the abutters
on a private way, the town may make repairs to such private way, provided
that the way has been opened to public use for six (6) years or more,
and, in such case, MGL c. 81, § 25 shall not apply. Such
repairs shall include the installation and construction of drainage,
if necessary, and the filling of holes in the subsurface of such ways
and repairs to the surface materials thereof. Materials for such repairs
shall, where practical, 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. Such repairs shall not be undertaken until an Annual Town
Meeting shall declare that the repairs are required by public necessity
and convenience. Betterments may be assessed upon the owners of estates
which derive particular benefit or advantage from the making of such
repairs on any such private way. Such assessment shall be a sum equal,
in the aggregate, to the total cost of such repairs and, in the case
of each such estate, in proportion to the frontage thereof on such
way. The provisions of MGL c. 80 relating to public improvements and
assessments therefor shall apply to repairs to private ways ordered
to be made under this Article, provided that no assessment amounting
to less than twenty-five dollars ($25.) shall be apportioned, and
no assessment may be apportioned into more than five (5) portions.
The town shall not be liable on account of any damage caused by such
repairs.
