2004-TOWN MEETING RECORDS - Laserfiche WebLink

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4.. , �I d Explanation: The Article, if approved at Town Meeting,provides for two amendments to the + ;r Zoning By-Laws: (1) To modify the definition of STREET to include all recorded public or private rights of way, (private ways exist in many Mashpee subdivisions) including those which ' may provide access to the water. (2) To create a new By-Law which provides a procedure to implement removal of obstructions. ,n The purpose of this proposed Zoning By-Law is to provide property owners, associations of �+ property owners and individual residents an effective remedy to maintain their lawful travel over rights of way by requesting the Town to remove obstructions, including fences, bulkheads at shoreline, structures or impediments which are located in a street or public or private right of t' way legally laid out. The Town may charge a maximum fee of$75; however it is believed that there will be only minor, if any, expense to the Town because construction or placement of obstructions in streets or rights of way is an occasional problem, and future obstructions would be discouraged. This By-Law, if approved, should minimize or prevent conflicts among residents because the Town will be the impartial decision maker and remover of obstructions. The proposal also prevents obstructions in rights of way, which lead to the shoreline, thus fulfilling Goal 2 of Mashpee's Comprehensive Plan. GOAL 2: TO MAINTAIN AND ENHANCE PUBLIC ACCESS TO AND ENJOYMENT OF A MASHPEE'S COASTAL RESOURCES WITHOUT DEGRADING THOSE RESOURCES. "I. To ensure that development and redevelopment does not interfere with existing public access �, r and traditional public rights-of-way to and along the shoreline or with public rights of fishing, fowling and navigation. Planning Board voted at a Public Hearing held on April 7, 2004 5-0 to make no recommendation. Motion made by Edward Larkin to indeflnitely postpone Article 13. Motion to indefinitely postpone passes at 9:56 p.m. Article 14 To see if the Town will vote to accept the layouts as public ways of Albatross Circle, Barnacle , Lane, Driftwood Way, Leeshore Drive, Sandy Way, Sextant Circle, Surf Drive and Tradewind Drive as shown on a plan entitled"Road Easement Taking Plan of Seabrook Village Subdivision in Mashpee, Massachusetts (Barnstable County)", dated December 13, 2000 and prepared by The BSC Group, Inc., which layout shall have been filed in the Office of the Town Clerk, not later than seven days prior to the date of the vote hereunder and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain taking any land necessary for the purposes of such ways as so laid out, and to appropriate and transfer from available funds $340,884.45 to the Seabrook Village Roadways Account and to raise said appropriation, the Treasurer, with the approval of the Board of Selectmen, be authorized to borrow at one time, or from time to time, under and pursuant to Chapter 44 Section 7 or 8 or any other enabling authority for such purchase or taking and layout including costs of constructing such ways and legal financing and other costs incidental and related thereto; and further authorize the Board of 21