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March 21, 2011 Annual Town Meeting, cont. § 100-13. Temporary Repair of Private Ways. A. Purpose. In accordance with Massachusetts General Laws Chapter 40, § 6N, the Board of Selectmen may authorize temporary repairs of private ways in the Town as provided in this Section. The making of any such temporary repairs to private ways, no matter how often or to what extent, does not constitute an acceptance by the Town of such ways as public ways, nor does it constitute a way being "maintained and used as a public way" under the Massachusetts Subdivision Control Law. See Hornig Amendment B. Eligibility. Only a private way which meets the criteria of an deleting this unaccepted street shown on the Zoning Map under the Planning Board section B Development Regulations, Chapter 175 of the Code of the Town of and renumbering Lexington, is eligible for repairs under and subject to the provisions of remaining this subsection. sections. C. Type and Extent of Repairs. Repairs shall be limited to grading, patching, and the layering of gravel to: establish a uniform grade, make drainage repairs, accommodate the Town's emergency vehicles or otherwise protect or repair the Town's infrastructure. D. Public Necessity. There shall be a finding of public necessity for said repairs by the Board of Selectmen in consultation with the Director of Public Works. E. Petition Process. The Selectmen may make a determination of the need for said repairs and may authorize the making of said repairs with or without a petition of the abutters to said private way. However, the Selectmen will not entertain a petition from the abutters unless: (a)it is signed by fifty-one (51%) percent of the abutters along the private way to be repaired, or(b) if a majority of abutters to the private way are members of an association of landowners specific to said way and a majority vote of that association's membership or board of directors submits the petition. F. Scope of Work. The scope of the repair work shall be determined by the Director of Public Works, subject to approval by the Board of Selectmen. G. Betterments. Betterment charges may be assessed by the Selectmen on the abutter(s) of such way up to an amount equal to the cost of such repairs. If betterments are to be assessed, they shall be assessed upon each parcel of land benefiting from such repair by any method as may be approved by the Selectmen. Betterments shall be apportioned over such a period as the Selectmen deem appropriate, after considering such matters as the estimated useful life of the proposed repairs and the source of funds to be used for the same. H. Funding. Repairs funded under this Section through betterments shall be appropriated at any Special or Annual Town Meeting. The Selectmen are authorized to seek contributions for a portion of the cost of said repairs from abutters and the Selectmen may, in their discretion, require a cash deposit from the abutters. I. Town's Liability. The Town shall have no liability as a result of any such repairs under G.L. c. 40, § 6N(f). The Selectmen may also request arrangements to be made to further reduce or eliminate potential liability risks to the Town arising from the repairs. Such arrangements may include, but are not necessarily limited to, the provision of insurance by repair contractors and/or by abutters or associations of abutters insuring the Town's interests or the provision of suitable indemnity agreement by abutters or by associations of abutters. Moreover, this Section or any repairs thereunder, does not impose any duty or obligation on the Town to maintain or repair private ways.