2002-TOWN MEETING RECORDS - Laserfiche WebLink

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1 Proposed Warrant Article concerning obstructions in a right of way: G ` To see if the Town will vote to assure residents and property owners t � r$ 'i ' the Town will not tolerate existence of any structures, including fences and ,_---_ changes to a shoreline such as a bulkhead; except those constructed by the Town, County or State in the public interest; which obstruct, or impede use of, any public or private right of way. Valid rights of way are those shown on a plot plan or subdivision recorded at the Barnstable County register of deeds, or on any STREET as defined in Town Zoning Regulations. aO ND If any such structures do exist, a property owner, an association of propert owners or a resident, may file a written request for removal with Town's =w _' Zoning Officer. The Zoning Officer shall investigate and determine the facts. If an obstruction does exist the Zoning Officer shall notify abutters by certified mail, return receipt requested, that unless the structures are removed within 30 days, the Town will direct the Department of Public Works, to remove such obstruction or impediment. All notifications shall be assumed to occur 5 days after mailing of certified notice. r, an The Town shall act on such request within 30 days, either by notifying the requester that no impediment exists, or provide notice to abutters and begin the removal procedure. If the requester disagrees with the Zoning Officer's decision, he can file an appeal with the Board of Selectmen, which shall be heard within 60 days and the Selectmen must determine whether the appeal is valid within 60 days from hearing. The Town shall remove any remaining impeding structures within 65 days after mailing such notification, unless an objection is filed. Any objection to such removal shall be filed in writing with the Zoning Officer within 20 days after mailing of notifications. The Selectmen shall decide the validity of any objection at a public hearing within 60 days after filing. Selectmen shall accept written and verbal comments from all interested parties, and decide by vote within the next 60 days whether to sustain such objection. If the objection is denied, removal by the Town shall occur within 30 days after such vote. Explanation: On occasion obstructions, such as structures, fences, bulkheads at shoreline, or other impediments have been placed in a public or deeded right of way, The purpose of this proposed article is to provide property owners, associations of property owners and residents an effective remedy to maintain their lawful rights vA w by requesting the Town to intercede on their behalf. Itis believed that there will be little expense to the Town as others will be discouraged from constructing obstructions in Rights of Way knowing corrective action and removal is a very likely result. Aal / �3