Article 29. Betterments for Temporary Improvements to a Private Way - Darton and Dover Streets

ARTICLE 29. To determine whether the Town will (a) raise and appropriate, transfer from available funds, or authorize the Town Treasurer, with the approval of the Select Board, to borrow by the issuance of bonds or notes under the provisions of Mass. Gen. Laws c. 44, or any other authority, the sum of $195,000, or any other sum, for the purpose of making repairs pursuant to the Town’s Private Ways in White Pond Watershed: Temporary Repairs Bylaw for the purpose of making roadway repairs along Darton Street while mitigating regular flooding impacts identified near the intersection of Darton and Dover Streets, provided that such appropriation, transfer or borrowing, and all associated costs of the improvements, shall be repaid by property owners on the streets where the improvements are made, but that any bonds or notes issued pursuant to this Article shall be the general obligation of the Town, to be expended under the direction of the Town Manager; and (b) authorize the Select Board to take by eminent domain, purchase or otherwise acquire, any fee, easement or other interests in land necessary to make such improvements; or take any other action relative thereto.

Article Explanation

This borrowing authorization request is made in support of a petition for temporary repairs on a private way submitted to the Commission in February of 2024 (as amended on November 5, 2025).  The project has been designed to mitigate extreme flooding impacts identified near the intersection of Darton and Dover streets while allowing for roadway improvements, at the expense of abutters. If passed, the public works department will serve as the project manager while the finance department will serve as the financing agent with betterments assessed to all direct abutters to cover related costs.   Staff will continue to work with the CFO and Town Manager for additional guidance on this matter.   

This action is taken in accordance with Article 18 of the April 1996 Annual Town Meeting, Private Ways In White Pond Watershed: Temporary Repairs which stipulates, "The Department of Public Works is authorized to make temporary repairs to the publicly-traveled, currently improved private ways laid out or created prior to February 28, 1938 in the White Pond watershed area, said publicly-traveled, currently improved private ways being named Granby Street, Mitchell Road, White Avenue, Seymour Street, Tracy Street, Dover Street, Bolton Street, Darton Street, Eaton Street, Shore Drive and Fern Street".  

Article Motion

Ms. Solomon moves that the Town authorize the Town Treasurer with the approval of the Select Board to borrow by the issuance of bonds or notes under the provisions of Mass. Gen. Laws c. 44, or any other authority, the sum of $195,000, for the purpose of making repairs pursuant to the Town’s Private Ways in White Pond Watershed: Temporary Repairs Bylaw for the purpose of making roadway repairs along Darton Street while mitigating regular flooding impacts identified near the intersection of Darton and Dover Streets, provided that such borrowing, and all associated costs of the improvements, shall be repaid by property owners on the streets where the improvements are made, but that any bonds or notes issued pursuant to this Article shall be the general obligation of the Town, to be expended under the direction of the Town Manager; and further, to authorize the Select Board to take by eminent domain, purchase or otherwise acquire, any fee, easement or other interests in land necessary to make such improvements.

2/3rd vote required