[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as Art. VI of the General Bylaws. Amendments noted where applicable.]
A.
The Board of Selectmen may acquire by gift, purchase or taking by
eminent domain any land, easement or right therein within the Town
not already appropriated to public use, for any municipal purpose,
provided that the acquisition has previously been authorized by a
majority vote of the Town and an appropriation of money, to be raised
by loan or otherwise, has been made for the purpose by a two-thirds
vote of the Town.
B.
If any board or officer of the Town having charge of any land, easement
or right therein, acquired otherwise than by purchase, notified the
Selectmen that in its opinion such land, easement or right, or part
thereof, is no longer required for public purposes, and if, thereafter,
the Town, by a two-thirds vote, authorizes the conveyance of such
land or part thereof, or the abandonment of such easement or right,
or part thereof, and specifies the minimum amount to be paid for such
conveyance or abandonment, the Selectmen, may, for such amount or
a larger amount, and upon such other terms as they shall consider
proper, convey said land, or part thereof, by deed, or declare said
easement or right, or part thereof, to be abandoned. Such delegation
shall extinguish the easement or right, or part thereof, upon being
recorded with the Norfolk County Registry of Deeds.
C.
Whenever a board or officer having charge of land within the Town,
excluding any land acquired for park purposes; constituting the whole
or any part of an estate held by the Town within its limits for a
specific purpose, shall determine that such land is no longer needed
for such purpose, such board or officer shall forthwith give notice
of such determination to the Board of Selectmen. At any time after
the receipt of such notice, the Town by a two-thirds vote at an Annual
or Special Town Meeting, may transfer the care, custody, management
and control of such land to the same or another board or officer of
the Town for another specific municipal purpose; but no such transfer
shall be valid if it is in violation of any term or condition of the
title of the Town to such land.
Any board or officer in charge of a department of the Town may,
with the approval of the Selectmen, sell any personal property of
the Town within the possession and control of the department, which
property has become obsolete or is not required for further use by
the department and which does not, in the opinion of the Selectmen,
exceed $200 in value. If, in the opinion of the Selectmen, such property
does exceed $200 in value, such officer or board shall make the sale
by public auction, of which notice shall be published in a local newspaper
at least seven days prior to such sale, unless such property is to
be delivered as part payment for new equipment or property.
A.
The Town shall appropriate money annually for the removal of snow
and ice from public ways and from such private ways open to public
use as may be designated by the Board of Selectmen and may appropriate
money for the removal of snow and ice from its sidewalks.
B.
Ways newly constructed under the Subdivision Control Law shall be
named by the Board of Selectmen, and lots and buildings abutting such
ways shall be assigned street numbers by the Planning Board, which
numbers shall be displayed by owners of such lots and buildings so
as to be legible to persons traveling upon the abutting way.
C.
No excavation shall be made by any person or department of the Town
within the limits of any public way in the absence of a permit issued
by the Board of Selectmen. Such permit shall state the time when the
work may be performed and shall require that all excavating, backfilling,
tamping and resurfacing be subject to the approval of the Superintendent
of Streets and that adequate barriers and lights be provided to protect
the public.
D.
No Town Meeting shall consider any article to accept any way as a
public way unless a petition for a layout shall have been filed with
the Board of Selectmen at least 60 days prior to said Town Meeting,
but nothing in this section shall be construed to prevent the Board
of Selectmen from initiating a layout. No public way shall be laid
out, altered, relocated or discontinued unless the proposed layout,
alteration, relocation or discontinuance has been referred to the
Planning Board and such board has reported thereon or has allowed
45 days to elapse after such reference without submitting its report.
Each petition for a layout filed with the Board of Selectmen shall
be accompanied by a plan and profile of the street or way, bearing
the seal of a registered professional engineer or registered land
surveyor and a narrative description of the metes and bounds of the
street or way.
E.
All persons engaged in the removal of snow shall, under no circumstances,
cause said snow to be deposited on or across any public way or sidewalk.
No person or persons shall engage in the removal of snow for profit
by means other than hand shoveling and/or private snow blowers without
first obtaining a permit from the Highway Superintendent, and each
person so engaged shall further be required to furnish said Superintendent
with a list of all customers catered to. Each person so engaged shall
further be required to make revisions to said list whenever any change
occurs.
F.
All rules and regulations set forth by the Highway Department with regards to the removal of snow shall be strictly adhered to and any violation shall be cause for revoking the permit, and violators shall be subject to any fines or penalties as outlined in Chapter 1, Article I, § 1-4, of these bylaws.
G.
All curb cuts for driveways shall be limited to those areas outside
the point of curvature (P.C.) or point of tangency (P.T.) of two intersecting
ways. No curb cuts for driveways shall be constructed without a permit
from the Highway Department, and upon approval, the construction shall
be accomplished at the expense of the owner.
