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PETITIONERS ARTICLE FOR MASE19 : MEETING � I u� LEA PETITIONER ESTIMATED COSTS cod- od 6' 0 ARTICLE: To see if the Town will vote to amend the Town Zoning By-Laws by both adding a new"§ 174-13.1 Ft 1' 7 Removal of obstructions within streets and public or private rights of way"; plus modifying the definition of STREETS by adding a sentence. i The Definition of STREET in the Zoning By-Laws of the Town of Mashpee Is hereby amended by adding a sentence,printed in Italics,so the STREET definition will read as follows: l A STREET-A public way laid out by the town under MGL C.82,Section 21,or other authority or laid out by the state or county,which is open to travel by the general public and Is on record at the Registry of Deeds,or a public or private way duly approved by the Planning Board under the Subdivision Control Statute,or a way on record at the Registry of Deeds which is approved by the Planning Board as a principal means of adequate access to abutting property. In addition,every public or private way shown on a Plan or Subdivision recorded prior to October 9,2003,even if not approved by the Planning Board,is declared as legally laid out and is a street, and if the recorded way extends to a shoreline,then access to the water is included within that public or private right of way. The proposed new Zoning By-Law is as follows: §17443.1 Obstructions within streets and public or private rights of way and a procedure providing for their ' removal A property owner,an association of property owners,or a resident may file a written request to the Town for removal of one or more obstructions on any street or public or private right of ways legally laid out in order to allow full and easy travel free of all impediments.Items constructed by the Town, County or State in the interest of the general public are not obstructions,nor are poles,pipes or wires which provide public utility A"es. Obstructions I include the existence of gates,rails,bars or fences,or any other man made obstructions,except naturally occurring indt enausvegetation,in any street Including a public or private right of way legally laid out,which may include access to the shoreline.Note MGL Chapter 86,Section 5,allows removal of obstructions. MGL Chapter 183,Section 58:Real estate abutting a way,watercourse,wail,fence,or other monument,including(b),prevents valid claims of ownership to the center of a right of way under many specified conditions. The procedure to remove an obstruction shall follow the following sequence: I.A property owner,an association of property owners or a resident may file a written Request for removal of listed obstructions in a named way or street with Town's Zoning Officer,who shall investigate to determine the facts based on recorded Plans for developments and/or Subdivisions showing streets and rights of way,Property Deeds and Surveys. Any approvals granted by the Town to build within a recorded right of way shall be ignored. The y Zoning Officer's decision shall be published within 60 days from date Request is received by issuing a determination. A maximum fee of$75 may be charged by the Town for processing this Request. This$75 fee shall include all subsequent appeals within the Town. 2-If the Zoning Officer determines an obstruction exists within a street or right of way then the Zoning Officer shall notify all abutters within 300 feet by certified mail,return receipt,that unless the structures are removed,or the request to remove is appealed within 25 days to the Zoning Board of Appeals, the Town shall direct the Department of Public Works to remove such obstruction within the next 45 days. All notifications shalt be assumed to occur 5 days after mailing of notice via certified first class mail. Copies will be sent to the requester,or his agent. 8-if the Zoning Officer determines there is no obstruction,he shall promptly notify the requester via certified mail. 4-If the requester or any abutter(s)disagree with the Zoning Enforcement Officer's decision,an appeal may be filed with the Zoning Board of Appeals , within 25 days after mailing notification of decision. The appeal shall be heard within 65 days and the Board shall determine whether the appeal is valid within 65 days from their first hearing,and promptly notify the requester and appellant via certified mail. 5-Any objection to the decision of the Zoning Board of Appeals,or their failure to issue a decision within 65 days,may be appealed in writing by either the requester(s)or abutter(s)to the Board of Selectmen within 25 days. The Selectmen shall hear the appeal at a public hearing within 65 days. Selectmen shall accept written and verbal comments from all interested parties,and decide by vote within the next 65 days whether to sustain or reject the Request to remove Obstruction. If the Selectmen deny the appeal,the decision may then be appealed per MGL Chapter 40A,Section 17 Judicial review. ,I EXPLANATION: The Article,if approved at Town Meeting,provides for two amendments to the 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. 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 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 will be discouraged.This By-Law,if approved,should minimize or prevent conflicts among residents i 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 MASHPEE'S COASTAL RESOURCES WITHOUT DEGRADING THOSE RESOURCES. "1. To ensure that development and redevelopment does not interfere with existing public access and traditional public rights-of-way to and along the shoreline or with public rights of fishing,fowling and navigation. Print Name Le 'bl Si re Print Street Address 2. s. 2 A)1 Alt F( E-1 n 6. I