AN ACT RELATIVE TO THE ACCEPTANCE OF PAPER MILL ROAD AS A PUBLIC WAY IN THE CITY OF WESTFIELD
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 sections 1 to 13, inclusive, of chapter 82 of the General Laws or any other general or special law to the contrary, the city of Westfield may accept as a public way, under the terms of this section, Paper Mill road; provided, however, that acceptance as a public way shall only become final after:
(i) the layout of the way is ordered and approved by the city council after a duly called public hearing of which 14 days prior notice is given in a newspaper of general circulation in the city and notice is sent by mail, postage prepaid to the owners of record, as determined by the assessors’ records, who abut the street or way;
(ii) an order of layout is filed in the office of the city clerk, containing a description of or reference to a plan showing the boundaries and measurements of the way, which may be an existing approved and recorded definitive subdivision plan; and
(iii) either: (1) the city council determined that the city holds land or easements for the public way and has filed that determination with the city clerk; provided, however, that there shall be a presumption that the city holds the easements or land with respect to a way that has been open to public use and maintained by the city of Westfield for 20 years or more; or (2) the city council has determined it is necessary to acquire land or easements for the public way and the city council has acquired the land or easements by purchase or eminent domain; provided, however, that notwithstanding chapter 79 of the General Laws, an appraisal of damages shall not be required before a taking for the purposes of this act.
SECTION 2. This act shall take effect upon its passage.
Approved, August 11, 2014.