The Department of Public Works is authorized to make temporary repairs to the publicly-traveled, currently improved private ways laid out or created prior to February 28, 1938 in the White Pond watershed area, said publicly-traveled, currently improved private ways being named Granby Street, Mitchell Road, White Avenue, Seymour Street, Tracy Street, Dover Street, Bolton Street, Darton Street, Eaton Street, Shore Drive and Fern Street.
Temporary repairs may be undertaken on a way subject to this bylaw, or to a contiguous portion of such a way which begins or ends at an intersection or conjunction with another way, only following the delivery to the Department of Public Works of a petition signed by the owner(s) of not less than sixty (60%) percent of the lots which abut such ways. The petition shall identify the requested repairs with reasonable specificity and may suggest an allocation of any associated betterment assessments among benefited parcels.
The specific type and extent of repairs to be made to any of the ways subject to this bylaw and the maximum cost of such repairs shall be proposed by the Department of Public Works and approved by the Public Works Commission at or following a public hearing. The Department of Public Works is authorized to include in its work proposal such repairs as may be reasonably necessary to improve the drainage of the ways and to mitigate storm water runoff into White Pond. Repairs undertaken pursuant to this bylaw shall be planned and made with due regard for the special character of the neighborhood and the character of the way in question, particularly the proximity of homes, driveways and landscaping to the road within the way. Repairs shall be undertaken at the earliest convenience of the Department of Public Works.
The Town of Concord is authorized to apportion, divide, reassess, abate and collect betterment assessments upon benefited parcels within a limited and determinable area based on a proportionate share of the cost of such repairs, all in accordance with Chapter 80 of the Massachusetts General Laws or in any other equitable manner provided by law. A cash deposit shall not be required for such repairs.
The repairs are required by public necessity, including but not limited to:
(i) the necessity of providing adequately drained ways so as to reduce ecologically harmful runoff into White Pond, an important natural resource to the Town of Concord ;
(ii) the necessity of providing adequate, passable ways from public ways to residences, Town facilities and resources including the White Pond well and Town conservation land;
(iii) the relative ease of administration of the repair program given that the ten (10) private ways subject to this bylaw serve approximately 100 owners located in a distinct, densely populated neighborhood; and
(iv) the lack of reasonably achievable alternative means of accomplishing such repairs given the fact that the ways subject to this bylaw were laid out or created before the enactment of a subdivision control bylaw in the Town of Concord.
The liability limit of the Town of Concord on account of damages caused by such repairs shall be the same liability limit as may be provided from time to time under the law applicable to Town ways.
The ways subject to this bylaw, namely Granby Street , Mitchell Road , White Avenue , Seymour Street, Tracy Street , Dover Street, Bolton Street , Darton Street , Eaton Street , Shore Drive and Fern Street have been open to public use for a term of not less than 50 years.
This bylaw shall continue in full force and effect
(i) unless and until it is repealed; or
(ii) unless and until the Town of Concord adopts a bylaw governing repairs made by the Town of Concord to the private ways subject to this bylaw as well as to additional private ways in the Town of Concord, provided that any such successor bylaw shall by its terms specifically refer to and repeal or supersede this bylaw.
Article 18, Town Meeting, April 1996
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