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Section 4. 10. 5 Temporary Repairs of Private clays. <br /> i <br /> a. The Town may make temporary repairs on <br /> private ways which have been opened to continual <br /> public use for a term of not less than five years. <br /> Such temporary repairs shall consist of the <br /> filling of holes in the sub—surface and repairs <br /> to the surface material and installation or <br /> correction of drainage . Materials used for such <br /> repairs shall, if practical , be the same or <br /> similar to those of the existing sub—surface <br /> and/or surface of such ways. Work to be performed <br /> hereunder may . include construction, surfacing <br /> or resurfacing of such ways with bituminous <br /> materials. No work shall be undertaken hereunder <br /> unless determined to be a public necessity by the <br /> Board of Selectmen upon written petition of abutters <br /> who own not less than 50% of the lineal footage <br /> fronting on such private way. <br /> b. The cost of such temporary repairs shall be <br /> paid by the abutters to said private way by .a <br /> cash deposit or by a betterment assessment as -here— <br /> inafter provided, and no work shall commence unless <br /> and until such cash. deposit in the amount of the <br /> estimated cost of such repairs as determined by the <br /> Superintendent of Streets to do the work is paid <br /> over to the Town or the Board of Selectmen has <br /> made a determination that betterments will be <br /> assessed. <br /> c. If the Selectmen determine that betterments <br /> will be assessed, the Selectmen shall assess better— <br /> ments upon the owners of estates which derive par— <br /> ticular benefit or advantage from the making of <br /> such repairs on any such private way. Such assess— <br /> ment shall be a sung equal , in the aggregate, tp the <br /> total cost of such repairs. Except as otherwise <br /> provided, the provisions of Chapter 80 of the General <br /> Laws relating to public improvements and assessments <br /> therefor shall apply to repairs to private ways <br /> ordered to be made under this section; provided, <br /> that no assessment amounting to less than twenty—five <br /> dollars shall be apportioned and no assessment may <br /> be apportioned into more than five annual equal <br /> portions. <br /> (Amended at Special Town Meeting, October 27, 1982 <br /> and approved by Attorney General January 11 , 1983) <br /> d. Before any work commences, the Town shall be <br /> held harmless on account of any damages whatever <br /> 34 <br /> I <br /> i <br />