|
r
<br /> r
<br /> Page Sixteen Falmouth,Mass.,Friday,April 18, 1986 FMtftVt16e
<br /> or use o4, such a way and no person shall attempt to ship or easement and any improvements
<br /> prevent public use of such a way.. made to the road.
<br /> .c . No such way may be relocated or altered or closed for Submitted by Director of Public Works
<br /> reasons of public safety or other public interest to
<br /> usage by the public except by the Board of Selectmen
<br /> as provided by M.G.L. Chapter 32, Section 21 or other -
<br /> relevant authority. The Board may take such action ARTICLE 93:
<br /> only if it has determined that the relocation,
<br /> alter-ation or closure of such way will not adversely affect
<br /> Zoning By-Law by adding the following sentence to Subsectior
<br /> 1 - (a) the rights and interests of the public in the use 4.4+ or take any other action thereon:
<br /> 1
<br /> of the way; (b) any historic structure or site; (c)
<br /> 1
<br /> any significant natural resource; (d) any water course "For the purposes of adequate access to a Parcel of
<br /> or water body or (e) any other significant public land proposed for subdivision,or division, there shall
<br /> interest . The Board shall make its determination at be required direct access from the parcel or lot to a
<br /> ja public hearing, record its decision in written form paved Town, County or State road, or 'a- street for y
<br /> 1 and transmit such written "decision to the Town Clerk. which a road covenant has been released by the Plan-
<br /> t ning Board, or a street having a right-of-way .layout
<br /> d. No such way may be discontinued or abandoned except by and construction meeting at least the minimum layout
<br /> I pavement, drains q a Town Meeting in conformance with M.G.L. Chapter 32, width r P , ge and other street require-
<br /> Section 21 or other relevant authority. ments of the Mashpee Subdivision Regulations and
<br /> Planning Board for subdivision streets. " '
<br /> e . The Superintendent of Streets is authorized to remove
<br /> any object placed in such a way as to interfere with - Submitted by Town Planner
<br /> public access to or use of such ways. '
<br /> 1
<br /> f. Anyone violating the provisions of this by-law shall.
<br /> be punished by fine of not more than $300.00 per
<br /> offense. Each 'day that any violation continues shall - -
<br /> constitute- a separate offense.
<br /> Submitted by Town Planner and Historical Commission
<br /> ARTICLE 94:
<br /> To see if the Town will vote to amend the
<br /> Zoning By-Laws as follows:
<br /> -- To Section 4 add the following new Subsection:.
<br /> 4.. 10 In order to provide for the protection of .,.
<br /> public rights and interests in roads, ways
<br /> 1 -
<br /> and historic accesses to water, this sub-
<br /> section is established to regulate the use,
<br /> 1 - relocation, alteration or discontinuance of
<br /> 1 - such roads, way and.accesses. The term
<br /> ARTICLE 91 : To see if the' Town will vote to change the fine
<br /> for disgarding trash, garbage, building debris, litter, etc. - ay way" is used in this subsection means any
<br /> on Town owned property, highways, byways, parks, beaches, way which has become, be Town action, pr its
<br /> buildings and grounds from $200.00 per offense to $300.00 status ve use, al "ancient way' or by pre-
<br /> " per offense. include
<br /> ive use, a public way, but. shall not
<br /> - include any war under the control of the
<br /> Submitted by Director of Public Works Commonwealth of Massachusetts or the United
<br /> States of America.. -Where a way has been
<br /> surveyed and laid out, the provisions of
<br /> this subsection shall be applicable to the
<br /> actural area of land occupied by such ways.
<br /> I ,
<br /> 4.10.1 No building, road or other structure may be
<br /> 1 located on, or in such a manner as to inter-
<br /> . fere with public access to, or use of, such
<br /> a way.
<br /> a '
<br /> ARTICLE 92: To See if the Town will vote to amend the Town 4. 10.2 No fence, pole, trash, - 4i11 , curb or other
<br /> BY-Laws by adding thereto a new Section. 4.10.7 as follows: similar object may be located in such a manner
<br /> as to ,interfere with public. access to, or use
<br /> Section 4.10.7-Conversion of Private Roads to Public Roads - of, such a way.
<br /> a. The Board of Selectmen shall annually
<br /> review and designate as appropriate 4. 10.3 No subdivision or other division of land shall
<br /> private ways in the Town for considera-
<br /> tion for conversion to public ways. , . ,.be. created, nor any pr i vats-.road jaelaid; out,-
<br /> This review by the Board of Selectmen :n such a manner-as to interfere with �public
<br /> shall be concluded by March 1 of each access to, or use of, such a way or to
<br /> year. The Director of the Department encourage the siting of buildings, wells,
<br /> of Public Works shalt assist the Board wastewater facilities, utilities or other
<br /> improvements in such a manner as to inter-
<br /> of Selectmen in the review and shall
<br /> fere with public access to, or use. of', such
<br /> make recommendations.
<br /> a.way.
<br /> b. The Board of Selectmen shall establish
<br /> a priority list of private roads most . 4.10.4 No building permit, special permit, subdi-
<br /> in -need of conversion to public roads vision approval or other permit or approval
<br /> after the completion of the annual or other permit or approval may be granted
<br /> .review. by any Town board or agent regarding a lot
<br /> or parcel of land where the provisions of
<br /> this subsection have not been met.
<br /> C. The Board of Selectmen shall submit to
<br /> the Annual Town Meetingor to any
<br /> Special Town Meeting an article or art-
<br /> icles seeking appropriation of funds 4.10.5 . No such way may be relocated or altered,
<br /> and authorization to perform .necessary except by the Board of Selectmen as pro-
<br /> engineeri.ng and legal work for the pur- vided by M.G.L. Chapter 82, Section 21 or
<br /> pose of preparing an article for subse- other relevant authority. The Board may
<br /> quent Town Meeting action to acquire the take such action only if it has determined
<br /> private road by eminent domain, purchase - that the relocation or alteration of such
<br /> or gift. - way will not adversely affect (a) the rights
<br /> and interests of the public in the use of
<br /> the way, (b) anyhistoric structure or
<br /> site, (c) any significant natural resource,
<br /> d.. The Board of Selectmen shall , after re- (d)- any water course or water body or (e)
<br /> i ceiving Town Meeting authorization to any other significant public interest.. The
<br /> 1 perform engineering and legal work, cause - Board shall make its determination at a
<br /> i
<br /> 3 an article to be inserted i.n the Annual public hearing and record its decision in
<br /> 1 Town Meeting Warrant seeking permission written form.
<br /> to acquire the fee ownership, or an
<br /> - easement in the private road, by exercise - -
<br /> 1 of eminent domain or by deed or -gift, and
<br /> i shall request authority to assess better- 4.10.6 No such way may be discontinued or abandoned
<br /> 1 '
<br /> i ments pursuant to Chapter .80 of the Gen- except by a Town Meeting in conformance with
<br /> " eral Laws and any other applicable M.G.L. Chapter 82, Section 21 or other
<br /> authority, to secure payment for the cost relevant authority.
<br /> 1 - of the acquisition of the public owner- - -
<br />
|