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Article XII
Public Ways and Properties
ARTICLE XII             PUBLIC WAYS AND PROPERTIES

Section 1
No person shall propel, drive, wheel, or draw a vehicle of any kind whatsoever, except a child’s or invalid’s carriage drawn by hand, upon or along a sidewalk in the Town, nor permit any horse, cattle, swine, or sheep belonging to him or under his care or keeping, to go upon or along the same.

Section 2
Coasting on any public streets of the Town is prohibited, except upon such streets and for such periods as the Selectmen may designate each year by public notice.

It shall be the duty of the Selectmen on or before the first day of November each year to designate, by public notice, the streets, if any, upon which coasting may be permitted.

Section 3
No person shall place or suffer to remain, within the limits of any street, or upon any sidewalk so as in any matter to obstruct the travel thereon, any vehicle, wood, coal, manure, gravel, stone, building material, barrels, boxes, merchandise, rubbish, snow, ice or obstruction whatsoever.

Section 4
No person shall fasten a horse or other animal to any public place, shade tree, post, pole, or fence.

Section 5
No person shall place any advertisement or notice upon any shade tree, fence, guideboard, guidepost, or pole belonging to, or under the control of the Town, except by permission of the Selectmen or persons having control of such buildings or structures.

Section 6
No person shall operate a motor vehicle on a public way in the Town of West Boylston at a rate of speed inconsistent with public safety or convenience.

Section 7 Private Street Repairs
a.
Repairs shall be limited to the filling of holes or depressions with suitable materials to make ways passable and the resurfacing or reconstruction of said ways with road chip and oil pug mix or other suitable materials approved by the Board of Selectmen and installation of drainage.
b.
All repairs will be done at the sole discretion of the Board of Selectmen.
c.
Requests for repairs to a private street shall be made in writing to the Board of
Selectmen, by a majority of the owners of property who abut said private way. A list of abutters shall be approved by the Board of Assessors prior to submittal.
d.
The cost of all materials to facility a private way shall be paid by the abutters of said private way in the form of a betterment charge.
e.
The Town of West Boylston shall bare no liability for repairs to private ways under the provision of Chapter 40, Section 6N of the Massachusetts General Laws.
f.
Repairs made pursuant to this by-law shall be limited to the following unaccepted private streets or specified portions thereof:
Alcazar Avenue
Oak Avenue
Alhambra Road
Oxford Street
Ardmore Avenue
Princeton Avenue from Longview Street to dead end
Brayton Road
Reed Street
Delmar Drive
Tobin Lane
Evergreen Avenue
Valley Street
Harvard Avenue
Western Avenue from Prescott Street east to dead end
Howard Avenue

Section 8
Any person wanting private access to a public way shall apply in writing to the Board of Selectmen or its designee on the form entitled Town of West Boylston Permit Application for Entrances to Public Ways. Within fifteen (15) days of receipt of the duly signed and completed permit application form, the Superintendent of Streets and Parks shall review the permit request and the proposed work for compliance with the Town’s regulations regarding private entrances to public ways and the applicable standards for public safety and highway design, and shall provide the Board of Selectmen with a written recommendation on the so-called curb cut request.

The Board of Selectmen shall review the permit application, the recommendation of the Superintendent of Streets and Parks, and any other relevant information deemed necessary by the Board of Selectmen including, but not limited to, the advice and recommendations of the Chief of Police and the state highway department, and shall act upon the permit request within forty-five (45) days of the receipt of the duly
signed and completed permit application form. The Board of Selectmen shall have the authority to adopt regulations for the implementation of this section.

Section 9
No person, corporation, company, public utility, or district entity may test, bore, core, excavate, plane, recycle, alter or otherwise damage any surface within the public right-of-way within the Town of West Boylston including, but not limited to, the paved or unpaved traveled part of the roadway, the so-called soft shoulder of the roadway, and other land within the public right-of-way, without first obtaining a Road Opening Permit from the Town of West Boylston, acting by and through the Superintendent of Streets and Parks.

The requirements, fees, fines, specifications, bond and insurance requirements, and permit application requirements shall be defined in a document entitled Town of West Boylston Roadway Opening Permit Regulations and Forms.

The Board of Selectmen shall establish said requirements, fees, fines, specifications, bond and insurance requirements, and permit application requirements and may, from time to time, amend or alter the same by vote of the Board of Selectmen after a duly held public hearing.

Section 10
The Board of Selectmen may make parking rules and regulations relative to parking of vehicles and the establishment of handicapped and restricted parking areas, provided that the public is notified in conformity with the requirements of state law including, but not limited to Massachusetts General Laws, Chapter 40, Sections 21D, 22, 22A et al, and ARTICLE XXIII- PUBLIC HEARING AND NOTICE of the General Bylaws.




Town of West Boylston 127 Hartwell Street, Suite 100, West Boylston, MA 01583
Phone: 508-835-6240 Fax: 508-835-4102