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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF WESTFIELD TO ACCEPT CERTAIN WAYS AS PUBLIC WAYS.

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

Notwithstanding sections 1 to l3, 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 public ways, in accordance with the terms of this act, any 1 or more of: Michael drive; Victoria circle; Woodsong road; Bayberry lane ext; Sabrina Brook lane; Barbara street; Pheasant drive; Scenic ridge; Sammy lane; Bailey drive; Flynn Meadow road; St. Pierre’s lane; Maplewood avenue; Caitlin way; College Park lane; Daniel drive; Park River circle; Park River drive; Alexander place; Goose Hollow road; Plantation circle; Jessie lane; Waterford drive; Tiffany circle; Barrister circle; Aviator way; Janelle drive; Jeanne Marie drive; Whispering Wind road; Harvest Moon lane; Brimfield way; Winding Ridge lane; Munger Hill road; Gary drive; Lady Slipper circle; Norwood place; Mallard lane; Quail Hollow drive; Cardinal lane; Raymond circle; Camelot lane; Progress avenue; Cara lane; Indian Ridge road; Palma place; Wieser drive; Mary lane; Rita Mary way; Woodcliff drive; Hillcrest circle; Devon terrace; Hillary lane; Rachel terrace; Gloria drive; Frank circle; Nancy circle; Sunflower lane; Partridge lane; Pumpkin lane; Marla circle; and Salvatore drive; provided, however, that acceptance as a public way shall become final only after:

(i) the layout of the way has been ordered and approved by the city council after a duly called public hearing; provided, however, that there shall be 14 days prior notice of the hearing in a newspaper of general circulation in the city and notice sent by mail, postage prepaid, to the owners of record who abut the way, as determined by assessors’ records; 

(ii) an order of layout has been filed in the office of the city clerk that contains 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) the city council has determined that: (A) the city already holds land or an easement for the purposes of the public way and has filed that determination with the city clerk; provided, however, that there shall be a presumption that the city already holds the easement or land for these purposes with respect to any way that has been opened to public use and maintained by the city for not less than 20 years; or (B) it is necessary to acquire land or an easement for the purposes of the public way and the city council has acquired the land or easement by gift, purchase or eminent domain; provided, however, that notwithstanding chapter 79 of the General Laws, an appraisal of damages shall not be required prior to a taking for the purposes of this act.

 

Approved, August 9, 2018.