| Except as provided in this section, when 4 or more parcels of |
land are benefited by a private way or bridge as an appurtenant |
easement or by fee ownership of the way or bridge, the owners of |
any 3 or more of the parcels, as long as at least 3 of the |
parcels are owned by different persons, may make written |
application to a notary public to call a meeting, who may issue a |
warrant setting forth the time, place and purpose of the meeting, |
copies of which must be posted at some public place in the town |
and mailed to the owners of all the parcels benefited by the way |
at the addresses set forth in the municipal tax records, at least |
30 days before such time. When so assembled, they may choose a |
commissioner, to be sworn, and they may determine what repairs |
are necessary and the materials to be furnished or amount of |
money to be paid by each owner for the repairs and the manner of |
calling future meetings. A landowner who does not have a primary |
residence on any of the parcels of land or who resides on any of |
the parcels for less than 6 months per calendar year may be |
assessed for the repairs no more than 1/2 of the amount that is |
assessed for the repairs against a landowner who has a primary |
residence or resides on any of the parcels for 6 months or longer |
in a calendar year. This section does not apply to ways |
constructed or primarily used for commercial or forest management |
purposes. As used in this section, "repairs" does not include |
paving, except to repair existing pavement or in locations where |
limited paving is demonstrated to be a cost-effective approach |
for fixing an erosion problem. |