Section 16. A town may sprinkle or spread upon its public ways, or parts thereof, any liquid or material suitable for laying or preventing dust and preserving the surface of such ways or for sanitary purposes, may appropriate money therefor, and determine that with respect to the whole or any part of such ways the whole or any part of such expense shall be assessed upon the estates abutting thereon.
Notes of Decisions
Commonwealth v. W. Barrington Co., 363 N.E.2d 1120 (Mass. App. Ct. 1977).
“The sweeping of public ways by motorized equipment is a function which, like street sprinkling (G. L. c. 40, § 16), is commonly performed by or under the direction of superintendents of streets and boards and departments of public works in cities and towns.”
City of Lowell v. Lowell Bldg. Corp., 34 N.E.2d 618 (Mass. 1941).
“On September 3, 1929, acting under the authority of G. L. c. 40, §§ 16, 17,18, the city council adopted an order, which was approved by the mayor on September 9, 1929, authorizing the sprinkling or oiling of certain streets, including the street on which the premises in question…”
Verc, Inc. v. Putziger, 1 Mass. L. Rptr. 565 (Mass. Super. Ct. 1993).
“The Board has since come to the view that G.L. c. 40, §16, only bars reapplication (without a change of circumstances) for a period of two years following an adverse decision.”
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