[Adopted 5-1-1995 ATM, Art. 24[1]]
[1]
Editor's Note: This bylaw rescinded former
Art. V, Betterment Assessment, adopted 5-13-1974 ATM, Art. 50.
The Town shall use the provisions of Chapter
80 of the General Laws, as amended, for the purpose of assessing betterments
to the abutters on any private way which may be reconstructed by the
Town to meet the requirements of the Subdivision Rules and Regulations
of the Brewster Planning Board, as amended,[1] said assessments to be made only after the Town has voted
to accept such ways, having followed the procedure for such acceptance
as delineated in Chapter 82 of the General Laws.
[Amended 11-13-2017 FYTM, Art. 13]
Before the Town shall vote to accept any private way under this article, there shall have been filed with the Selectmen a petition for such acceptance containing the signatures of a majority of owners of the lots abutting said way; the Selectmen shall refer the proposed layout to the Planning Board after first having prepared an estimate of all costs to be levied against said abutters, including engineering, legal, construction, administration and interest. The Planning Board shall hold a hearing on the petition after due notice to the said abutters and shall inform said abutters of the total estimated costs to be borne by aforesaid betterment. Upon receipt of the approval of the estimated cost by a majority of the abutters and approval of his share of the total by each member of the said majority, and upon receipt of a written request by said majority for an article to be inserted in the warrant, the Planning Board shall forward its recommendation, as required under MGL c. 41, § 81I, to the Select Board, who thereafter shall cause said article to be inserted in the warrant for the next Annual Town Meeting. Upon approval of said article by the voters at said Town Meeting, the Select Board shall advertise the construction for public bids, and within six months after the construction has been completed, the total cost shall be apportioned by the Select Board to the owners of lots abutting the way; and the time for payment, not exceeding 20 years, shall be specified; and the total cost of the betterment assessment shall not exceed the estimate. The Tax Collector shall bill the abutters according to the apportionment on the next real estate tax bill and may accept settlements in cash for the full amount of the apportioned share from any abutter within 30 days, or shall bill each abutter within 60 days for his share of the total cost to be divided over a period of years, not exceeding 20, with interest to be computed at the rate as set forth in Chapter 80 of the Massachusetts General Laws. Thereafter, the annual amount of the betterment assessment shall appear on the annual real estate tax bill of the abutters. The Select Board shall act on all private ways proposed to be accepted by the Town under the Betterment Assessment Program strictly in accordance with the provisions of Chapters 41, 80 and 82 of the General Laws of the Commonwealth of Massachusetts.
