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  • Acts
  • 2012
  • Chapter 387 AN ACT RELATIVE TO MUNICIPAL ACCEPTANCE OF ROADS WITHIN A SUBDIVISION IN THE TOWN OF MEDWAY.

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. Notwithstanding chapters 79 and 82 of the General Laws or any other general or special law to the contrary, the town of Medway may employ the procedure hereinafter set out for municipal acceptance of roads constructed within a subdivision in accordance with a definitive subdivision plan which has been approved under the subdivision control law. The town of Medway planning and economic development board, on request of the Medway board of selectmen, the developer of the subdivision or on its own initiative, shall prepare a written certification that a subdivision road has been constructed in accordance with the planning and economic development board's rules and regulations and the approved definitive plan. The planning and economic development board shall submit its certification, together with original mylars of an acceptance plan, in required form for recording at the registry of deeds and an "as-built" plan, to the Medway board of selectmen. The board of selectmen shall hold a public hearing, after first giving written notice by first-class mail, postage prepaid, to the owner of record of each property abutting the road, as appears from the municipal records, and giving notice by publication in a newspaper of local circulation at least 7 days prior to the hearing. The sole purpose of the public hearing shall be to determine whether it is in the public interest to accept the road as a public way. If, after the public hearing, the board of selectmen determines that it is in the public interest to accept the road, it shall vote on the acceptance of the road as a public way. If the board of selectmen, by a majority vote, votes such acceptance, it shall be placed on the warrant for the next annual or special town meeting. Upon a 2/3 vote of the town meeting to accept the road, the board of selectmen shall cause to be prepared for recording at the Norfolk county registry of deeds an order of acceptance setting forth the vote of the town meeting. The order of acceptance, together with the original acceptance plan, shall be recorded within 30 days following the town meeting vote and, upon recordation, shall operate to vest ownership in fee to the road, together with ownership of all utility, drainage access and other easements shown on the plan, as well as all pipes, structures and other improvements located therein, in the town of Medway with no additional notice or other action required. No owner or interest holder of land abutting a road so accepted or subject to an easement shown on said plan shall have any claim for compensation against the town on account of such acceptance.

SECTION 2. This act shall take effect upon its passage.

Approved, January 2, 2013.