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463 Annual Town Meeting -8- May 7, 1979 ARTICLE 13. To see if the Town will vote to amend Chapter III of the Town of Mashpee By -Laws by deleting therefrom Article X and substituting the following Article X, Section 1: "Tempo- rary Repairs of Private Ways: The Town may make temporary repairs on private ways which have been opened to continual public use for a term of not less than five years. Such temporary repairs shall consist of the filling of holes in the subsurface and repairs to the sur- face material and installation or correction of drainage. Materials used for such repairs shall, if practical, be the ' same or similar to those of the existing subsurface and/or surface of such ways. Work to be performed hereunder may in- clude construction, surfacing or resurfacing of such ways with bituminous materials. No work shall be undertaken hereunder unless determined to be a public necessity by the Board of Selectmen upon written petition of abutters who own not less than 50% of the lineal footage fronting on such private way. The cost of such temporary repairs shall be paid by the abutters to said private way by a cash deposit or by a better- ment assessment as hereinafter provided, and no work shall commence unless and until such cash deposit in the amount of the estimated cost of such repairs as determined by the High- way Surveyor to do the work is paid over to the Town or the Board of Selectmen have made a determination that betterments will be assessed. If the Selectmen determine that betterments will be assessed, the Selectmen shall 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 that frontage thereof of such way. Except as otherwise provided, the provisions of Chapter Eighty of the General Laws relating to public improvements and assess- ments therefor shall apply to repairs to private ways ordered ' to be made under this section; provided, that no assessment amounting to less than twenty-five dollars shall be apportioned and no assessment may be apportioned into more than five annual equal portions. Before any work commences, the Town shall be held harmless on account of any damages whatever caused by such repairs by agreements executed by the abutters who petitioned therefor in such form as may be approved by the Board of Selectmen. ACTION: Motion made and seconded that Article 13 be accepted as printed. Motion carried. A unanimous vote. ARTICLE 14. To see if the Town will vote to amend the Mashpee By -Laws, Chapter III by adding thereto the following: Article XI Acceptance of Private Ways by Private Petition. Section 1. Before the Town shall vote to accept any private way as a public way upon private petition, there shall have been filed with the Board of Selectmen a petition and a plan of the way for such acceptance containing the signatures of at least fifty percent of the owners of the land abutting said way and releases from any and all damage claims resulting from the laj.inglodt7agradingnandoconstrgction nfathey*ay and, t4ead- taking by eminent domain of any land necessary to lay out the way in such form as required by the Board of Selectmen. If there is a plan on record at the Registry of Deeds showing the private way, it shall be used; otherwise the Asses- sors's maps may be used. The Selectmen, with the assistance of the Town Engineer, shall prepare an estimate of the total cost of preparation of necessary engineering plans and specifications, construction, reconstruction and repair costs, if any and as applicable, to bring the way into compliance with at least the minimum stan- dards set forth in the rules and regulations of the Planning -Board adopted pursuant to the subdivision control law and to any higher degree of standards if found to be reasonable and necessary by the Board of Selectmen withthe advice of the Town Engineer.