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| 2 | 2 | | HOUSE DOCKET, NO. 3924 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2358 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Steven George Xiarhos, (BY REQUEST) |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act permitting municipal expenditures for the maintenance of private roads. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Andrew Macdonald152 Old County Rd, Sandwich, MA |
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| 16 | 16 | | 02537 |
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| 17 | 17 | | 1/17/2025Joseph D. McKenna18th Worcester2/11/2025 1 of 2 |
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| 18 | 18 | | HOUSE DOCKET, NO. 3924 FILED ON: 1/17/2025 |
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| 19 | 19 | | HOUSE . . . . . . . . . . . . . . . No. 2358 |
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| 20 | 20 | | By Representative Xiarhos of Barnstable (by request), a petition (accompanied by bill, House, |
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| 21 | 21 | | No. 2358) of Andrew Macdonald and Joseph D. McKenna relative to permitting municipal |
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| 22 | 22 | | expenditures for the maintenance of private roads. Municipalities and Regional Government. |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act permitting municipal expenditures for the maintenance of private roads. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 6N of chapter 40 of the General Laws is hereby amended by adding |
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| 32 | 32 | | 2the following paragraph:- |
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| 33 | 33 | | 3 (a) Notwithstanding any general or special law to the contrary, municipalities may |
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| 34 | 34 | | 4appropriate and expend public funds for the maintenance, repair, and improvement of private |
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| 35 | 35 | | 5roads when the following conditions are met: |
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| 36 | 36 | | 6 (1) The private road serves a minimum of 100 residential properties that contribute |
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| 37 | 37 | | 7property tax revenue to the municipality. |
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| 38 | 38 | | 8 (2) The private road is the primary or sole access for the properties served. |
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| 39 | 39 | | 9 (3) The private road has historical significance or longstanding ties to the municipality, |
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| 40 | 40 | | 10such as having been part of the town’s infrastructure prior to a significant geographical change or |
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| 41 | 41 | | 11reconstruction. 2 of 2 |
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| 42 | 42 | | 12 (4) The private road is not maintained by a developer or private entity under an |
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| 43 | 43 | | 13agreement or covenant requiring such maintenance. |
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| 44 | 44 | | 14 (b) Municipalities opting to provide such services shall adopt a bylaw or ordinance |
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| 45 | 45 | | 15specifying the conditions, scope, and process for the maintenance or repair of private roads, |
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| 46 | 46 | | 16including limitations on expenditures and the types of services provided. |
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| 47 | 47 | | 17 SECTION 2. Municipalities providing maintenance for private roads under this act shall |
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| 48 | 48 | | 18report annually to the Massachusetts Department of Revenue on the expenditures and the number |
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| 49 | 49 | | 19of properties served. Such reports shall ensure transparency and compliance with the intent of |
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| 50 | 50 | | 20this act. |
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