[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as Article XX of the 1973 General Bylaws, as updated
through 2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 510.
[Amended 10-21-2019 FATM, Art. 20]
Upon petition of 51% of the abutters to a private
way, the Select Board, by a majority vote, may declare that repairs
to a private way are required to public necessity and convenience.
Repairs may be made on private ways which have
been opened to the public for six years or more. Such repairs may
include the installation and construction of drainage and filling
of holes in the subsurface of such ways and repairs to the surface
material thereof. Materials for such repairs shall, where practical,
be the same as or similar to those used for the existing surfaces
of such ways with bituminous materials, including but not limited
to bituminous concrete.
[Amended 10-21-2019 FATM, Art. 20]
The Select Board is hereby authorized to assess
betterments 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. Except as otherwise provided,
the provisions of MGL c. 80 relating to public improvements and assessments
therefore shall apply to repairs to private ways ordered to be made
under this bylaw.
The Town shall not be liable on account of any
damage caused by such repairs made under this bylaw.
