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The 190th General Court of the Commonwealth of Massachusetts


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 Brewster may establish a Road Maintenance Revolving Account into which shall be deposited sums of money from time to time in accordance with this act. The superintendent 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 accounts.

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 the numerous 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 ways.

SECTION 3. When private way maintenance is desired, the town shall enter agreements with the parties requesting the work and the superintendent 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 cost and administrative fee in advance of the work and that amount shall be deposited into the road maintenance revolving account. The superintendent, with the approval of the town accountant/finance 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.

Approved August 4, 2010