A. 
The Board of Selectmen, under M.G.L. ch. 40, § 6N, shall consider any private way or portion thereof which has been open to public use for five or more years for temporary repairs to be performed by the Town after having been petitioned to do so by at least 75% of the owners of abutting property, based on one vote for each abutting property and not the number of owners of a particular property.
B. 
Petitions must contain a statement that: "The undersigned agree to keep said private way or portion thereof open to public use for the period of years which is the life of the temporary repairs made pursuant to this petition."
Excluded from the terms of this article are private ways created pursuant to the Subdivision Control Law, M.G.L. ch. 41, §§ 81K through 81GG, and the Town of Bellingham Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 245, Subdivision Regulations.
Temporary repairs shall be made on a qualifying private way only after the Board of Selectmen have determined that such repairs are required by public convenience and necessity. The Board of Selectmen may, after reviewing a petition, elect to have the Town perform temporary repairs on the entire portion which was petitioned for, or a lesser portion, provided at least 75% of the abutting property owners on the appropriate portion of the way are in favor of such action and costs are assessed as per § 191-7. In making its determination as to the public convenience, necessity, and advisability of making temporary repairs, the Board of Selectmen shall take into consideration the following factors:
A. 
The accessibility to emergency vehicles such as police, fire, and rescue vehicles.
B. 
The volume of traffic.
C. 
The number of years the way has been open to the public (not less than five).
D. 
Such other relevant considerations the Board of Selectmen deem appropriate.
Temporary repairs may include the surfacing or resurfacing of a way, the installation and repair of drainage, the filling of potholes, depressions, and ruts, temporary patches, and/or grading.
A. 
The Town, acting through its Board of Selectmen, is hereby authorized to assess betterments upon the owners of properties that derive particular benefit or advantage from the making of such repairs on any such private way. Such assessments shall be a sum equal, in aggregate, to the total cost of such repairs, and in the case of each such property, assessed in proportion to the frontage thereof on such way, except as otherwise provided. The provisions of M.G.L. ch. 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 $25 shall be apportioned, and no assessment may be apportioned for more than five years.
B. 
Where the cost of temporary repairs is less than $500 per abutting property, the appropriate sum shall be deposited with the Treasurer-Collector prior to the repairs being commenced. Any abutter may, by paying the full amount of his/her share of the assessment, avoid the assessment of betterment on his/her land.
The Town, in making repairs under this article, shall not be liable on account of any damage caused by such repairs. Said repairs shall not be undertaken unless the Board of Selectmen have in their possession agreements executed by all abutting owners of the affected area to release and save the Town harmless on account of any damage whatever caused by such repairs. Such agreements to release and save harmless shall be recorded in the Registry of Deeds, and shall be deemed to be covenants running with the land and shall be binding upon all subsequent owners thereof.
No term or provision of this article, nor any temporary repairs pursuant thereto, shall be interpreted or construed to constitute acceptance by the Town of any duty, responsibility, or liability for a private way or portion thereof or for the enforcement of any private right of any petitioner or abutting owner.