HOUSE DOCKET, NO. 3188        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3905


The Commonwealth of Massachusetts



Jonathan D. Zlotnik and Kimberly N. Ferguson


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing a private road maintenance revolving fund in the town of Westminster.






Jonathan D. Zlotnik

2nd Worcester

Kimberly N. Ferguson

1st Worcester

Jennifer L. Flanagan

Worcester and Middlesex

HOUSE DOCKET, NO. 3188        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3905

By Representatives Zlotnik of Gardner and Ferguson of Holden, a petition (subject to Joint Rule 7B) of Jonathan D. Zlotnik, Kimberly N. Ferguson and Jennifer L. Flanagan that the town of Westminster be authorized to establish a private road maintenance revolving fund.  Municipalities and Regional Government.


The Commonwealth of Massachusetts



In the One Hundred and Ninetieth General Court



An Act establishing a private road maintenance revolving fund in the town of Westminster.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The town of Westminster may establish a Private Road Maintenance Revolving Fund into

which shall be deposited sums of money from time to time in accordance with this act. The director of

public works, subject to the authority of the board of selectmen, shall control and administer the fund

and render annual accounts of the receipts, disbursements and balances relating to the revolving

account. The treasurer of the town shall be the custodian of the fund.

SECTION 2. The fund shall be established, consistent with section 6N of chapter 40 of the General Laws,

to provide, without expense to the town, for the maintenance and upkeep of certain private ways

serving the town’s inhabitants. Maintenance may also be performed on a private way’s drainage

facilities and associated features, but in accordance with said section 6N of said chapter 40, work shall

be of a temporary nature and shall not include construction, reconstruction or resurfacing of private


SECTION 3. When private way maintenance is desired, the town shall enter agreements with the parties

requesting the work and the director shall determine the cost of that work. The town may charge a

reasonable administrative fee for its services and the fee shall be deposited into the General Fund. The

interested parties shall pay the costs in advance of the work, and that amount shall be deposited into

the road maintenance revolving fund. The director shall expend these funds for only the maintenance

and upkeep work for which they were deposited unless the town and the original interested parties

otherwise agree. If, for any reason, the maintenance work is not performed, the deposited sums shall be

returned to the interested parties.

SECTION 4. By a town meeting vote, the town may close this account and transfer to the General Fund

any balance not needed to complete previously agreed maintenance.

SECTION 5. This act shall take effect upon its passage.