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(A) The town may make temporary repairs on private ways that have been previously constructed and open to public use for a period of 5 years or more, provided the repairs are for the protection of the health and safety of the persons using such roads, in the opinion of the Town Manager upon the advice of the Superintendent of Public Works, and provided the repairs are required by public necessity.
(B) The repairs shall include the filling of holes in the subsurface of such ways and repairs to the surfaces materials thereof. Materials for such repairs, where practical, should be the same as, or similar to, those used for the existing base or surfaces of such ways, in the judgment of the Superintendent of Public Works. The repairs may upon the petition of a reasonably substantial proportion of the abutters in the judgment of the Town Manager include surfacing or resurfacing the ways with bituminous materials, including but not limited to bituminous concrete. However, no betterments or other charges are to be charged or assessed against the owners of the private way for such repairs done under this section.
(C) Drainage repairs or construction, as determined by the Superintendent of Public Works, to be necessary as a result of repairs made pursuant to division (B) of this section may also be done.
(D) The town shall not be liable on account of any property damage or death or personal injury whatsoever caused by such repairs, and Mass. Gen. Laws Ch. 84, §§ 24 and 25 shall not apply. Nothing in this section shall be construed to create an obligation of the town to repair or maintain any private way, or way open or dedicated to the public but not a public way, to which any repairs are made.
(E) The town may, without petition or the formalities of division (B) of this section, make temporary minor repairs to private ways not exceeding $500 in total value at the time made, provided the private way has been open to public use for a period of 5 years or more. The repair shall be limited to minor work such as filling, patching, grading or scraping. Mass. Gen. Laws Ch. 84, §§ 24 and 25 shall not apply.
(F) No actions by the town under this section shall be construed to either open or dedicate any way in Watertown to public use.
(Ord. 893, passed 6-26-1990)