A.
No street or way shall be accepted by the City as a public street
or way unless the street is at least 50 feet in width, except such
streets or ways that were in public use or which appear on any plan
recorded in the Registry of Deeds or approved by the Board of Survey
in the manner provided by MGL c. 41, §§ 74, 75 and
76, prior to October 20, 1941, and that are not less than 40 feet
in width and do not have a grade exceeding 15% or unless the street
leads from some accepted street or way, provided that a street or
way which was in public use prior to the year 1900 and is less than
40 feet in width may be so accepted.
B.
In an extension of an existing street which is not 50 feet in width,
the adjustment of bringing the two widths together shall be accomplished
on lines to be approved by the City Engineer.
[Amended 5-21-2012 by Ord. No. 2012-158]
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State law references — Planning Board approval
of ways in new developments, MGL c. 41, § 81O; procedures
for laying out, relocating or altering streets, MGL c. 82, §§ 21
to 25.
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Any street or way ordered by the City Council to be constructed
as a public way shall have a space reserved on each side thereof,
extending not more than nine feet from the inside line of the street
as ordered to be laid out by such Council, for a sidewalk, grass plot
and edgestone. The portion of the street or way between the outside
lines of the space so reserved shall be constructed with macadam or
other pavement of similarly lasting character.
[Amended 5-21-2012 by Ord. No. 2012-158]
No street or way shall be accepted unless it is built in a manner
satisfactory to the City Engineer.
[Amended 3-2-1998 by Ord.
No. 98-214]
A.
Except in the case of ways in subdivisions constructed as required
by the rules and regulations of the Planning Board governing the subdivision
of land, all applications or petitions for laying out, altering, widening
or discontinuing any street or way shall be made in writing and addressed
to the City Council upon such forms or blanks as it shall prescribe
and must be signed by 10 or more citizens or taxpayers. Such petitions
shall state the names of the owners, if known, of the property affected
by the proposed laying out, alteration, widening or discontinuance
of the particular street or way named therein.
B.
The Planning Board shall forthwith, before a way in a subdivision
has been constructed in a manner required by the rules and regulations
of the Board governing the subdivision of land, give notice thereof
to the City Council.
[Amended 5-21-2012 by Ord. No. 2012-158; 8-21-2017 by Ord. No. 2018-4]
A.
Upon receipt of a petition for the laying out, altering, widening
or discontinuing of a street or way or of a notice from the Planning
Board that a way has been constructed in a subdivision, the City Council
shall refer such petition or notice to the Committee on Public Works,
and the Clerk shall transmit a copy of each such petition to the Planning
Board for report as required by MGL c. 41, § 81I. The Committee
on Public Works shall make a report to the City Council on each such
petition or notice referred to it, and, if such report recommends
the laying out, widening, alteration or discontinuance of the way
to which such petition or notice relates, it shall be accompanied
by a plan and profile thereof, showing accurately and definitely the
proposed line and grade, together with an estimate of the cost of
construction, if required, made by the City Engineer.
B.
The report of the Committee on Public Works shall also state the
names of the persons over whose lands such laying out, altering, widening
or discontinuance is recommended, with the amount of damages, if any,
which should be allowed to each, the manner in which the work should
be performed and whether or not the work should be done under the
laws authorizing the assessment of betterments.
A.
If a favorable report of the Committee is accepted or an unfavorable
report is rejected, the City Council shall, by an order, appoint a
time for hearing all parties interested therein, at the rooms of the
City Council, and direct that notice of its intention to lay out,
alter, widen or discontinue such street or way and to do the same
under the provisions of law authorizing the assessment of betterments,
if such be the case, be given in the manner provided by law. The notice
may be served by any constable of the City, who shall make his/her
return on the original order.
B.
The City Council shall hear all parties interested and all persons
claiming damages by reason of such proposed laying out, alteration,
widening or discontinuance at the time and place appointed for the
hearing.
[Amended 12-16-2002 by Ord. No. 02-060A]
A.
If, after hearing all the parties interested, the City Council is
of the opinion that the laying out, altering, widening or discontinuance
of the street or way as requested is of common convenience and public
necessity, it shall request the City Solicitor to draft and present
to the Council, for action thereon, an order to the effect that the
street or way shall be laid out, altered, widened or discontinued,
as the case may be, which order shall define the boundaries, grade
and measurements of the street or way to be laid out, altered, widened
or discontinued and shall also state the names of all persons sustaining
damages by such laying out, alteration, widening or discontinuance,
the amount of compensation which such persons shall receive therefor
and the time allowed the owners of land taken to remove all property
which may obstruct the building of such street or way.
B.
The City Engineer shall, upon like request, prepare a plan and profile
showing accurately and definitely the line and grade as finally adjusted
and fixed by the City Council and showing the date of final action
by the Council and signed by him/her.
[Amended 5-21-2012 by Ord. No. 2012-158]
C.
If such street or way is laid out, altered, widened or discontinued
under the provision of law authorizing the assessment of betterments,
the order shall be in the form and shall be recorded in the manner
provided by MGL c. 80, § 2.
D.
Whenever any taking is made under the provisions of this section,
the City Council shall immediately, after the land is entered upon,
cause notice thereof to be given to every person whose property has
been taken or who is otherwise entitled to damages on account of such
taking in the manner provided by MGL c. 79, § 7C.
E.
Such notice shall be in writing and shall describe in general terms
the purpose and extent of the taking and shall state the amount of
damages, if any, awarded to the person to whom it is sent or, if no
damages have been awarded, the time within which he/she may petition
for an award of damages and also the time within which he/she may
petition the Superior Court to determine his/her damages. Such notice
may be served by personal service or by leaving an attested copy thereof
at the last and usual place of abode of the person to be notified,
if he/she is a resident of the commonwealth, by any person authorized
to serve civil process, or notice may be given to persons within or
without the commonwealth by registered mail or other suitable means.
[Amended 5-21-2012 by Ord. No. 2012-158]
Every order for the laying out, altering, widening or discontinuing
of any street or way shall be recorded by the City Clerk in a book
kept for that purpose, and a copy thereof shall be filed with the
City Engineer.
[Amended 5-21-2012 by Ord. No. 2012-158]
Plans and profiles relating to the laying out, altering, widening
or discontinuing of any street or way shall be filed in the office
of the City Engineer.
[Amended 3-4-1985 by Ord.
No. 788; 5-21-2012 by Ord. No. 2012-158]
The Councilors may, if they so declare and in their judgment,
for the preservation of the public convenience and public necessity,
for work of a temporary and emergency nature, order the making of
repairs or reconstruction on private ways which have been open to
public use for six years or more, as authorized by MGL c. 40, § 6N,
and Chapter 693 of the Acts of 1977, and may provide, in such order,
for the assessment of betterments upon the owners of estates which
derive particular benefit or advantage from making such repairs on
any such private way a sum equal, in the aggregate, to 1/2 of the
cost thereof and, in the case of each such estate, in proportion to
the frontage thereof on such way. All applications or petitions for
making repairs must include all abutters to such ways, to be made
in writing and addressed to the City Council upon such forms or blanks
as it shall prescribe. The City Engineer will determine whether drainage
is required in the subsurface of such ways, and the City shall not
be liable for damages caused by such repairs to any greater extent
than if such work were done on public ways. Any repair or reconstruction
of such way requires a cash deposit of 10% of the total cost.
[Added 3-4-1985 by Ord.
No. 788A]
A.
The City Engineer may make temporary repairs on private ways which
have been open to public use for six years or more and shall request
an annual appropriation which he/she deems adequate for such temporary
repairs. Such temporary repairs shall include only filling of holes
in the subsurface of such ways and repairs to the surface thereof
similar to those used for existing surfaces, but may include the oiling
or tarring of such ways and the covering of such oil or tar with sand
or gravel. There shall be no assessments for pothole repairs.
[Amended 5-21-2012 by Ord. No. 2012-158]
B.
The City shall not be liable for damage caused by such repairs to
any greater extent than if such work were done on public ways.
[Added 6-1-2009 by Ord.
No. 09-097; amended 5-21-2012 by Ord. No. 2012-158]
No street opening permit shall be granted between and including
the 15th day of November and the 15th day of April to any utility,
corporation, person or other entity, except in a case of actual necessity
as certified to and approved by the City Engineer and by the Mayor.
