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<br /> _ PETITIONERS ARTICLE FOR MASHPEE TOWN MEETING
<br /> � LEAD PETITIONER 4Q,n Ice-
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<br /> ARTICLE: To see if the Town will vot o amend the Town Zoning By-Laws by both adding a new"§ 17+4-13.1.
<br /> Removal of obstructions within streets and public or private rights of way"; plus modifying the definition of STREETS ,
<br /> by adding a sentence. i
<br /> 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 t ,
<br /> STREET definition will read as follows:
<br /> F A
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> water is included within that public or private right of way. i
<br /> The proposed new Zoning By-Law is as follows:
<br /> §174-13.1 Obstructions within streets and public or private rights of way and a procedure providing for their +
<br /> removal
<br /> 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
<br /> 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
<br /> Town,County or State in the interest of the general public are not obstructions,nor are poles,pipes or wires which provide public utility services. '
<br /> 1,
<br /> obstructions include the existence of gates,rails,bars or fences,or any other man made obstructions,except naturally occurring inc}`fe noctF3, tN
<br /> vegetation,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,
<br /> Section 5,allows removal of obstructions. MGL Chapter 183,Section 58:Real estate abutting a way,watercourse,wall,fence,or other monument,
<br /> including(b),prevents valid claims of ownership to the center of a right of way under many specified conditions.
<br /> The procedure to remove an obstruction shall follow the following sequence:
<br /> 1-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
<br /> street with Town's Zoning Officer,who shall investigate to determine the facts based on recorded Plans for developments and/or Subdivisions
<br /> 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 ;
<br /> ignored. The Zoning Officer's decision shall be published within 60 days from date Request is received by issuing a determination. A maximum fee
<br /> of$75 may be charged by the Town for processing this Request. This$75 fee shall include all subsequent appeals within the Town.
<br /> 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
<br /> 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
<br /> Appeals,the Town shall direct the Department of Public Works to remove such obstruction within the next 45 days. All notifications shall be
<br /> assumed to occur 5 days after mailing of notice via certified first class mail. Copies will be sent to the requester,or his agent.
<br /> 3-If the Zoning Officer determines there is no obstruction,he shall promptly notify the requester via certified mail.
<br /> 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
<br /> Appeals within 25 days after mailing notification of decision. The appeal shall be heard within 65 days and the Board shall determine whether the
<br /> appeal is valid within 65 days from their first hearing,and promptly notify the requester and appellant via certified mail.
<br /> 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
<br /> 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 '
<br /> s days. Selectmen shall accept written and verbal comments from all interested parties,and decide by vote within the next 65 days whether to sustain
<br /> or reject the Request to remove Obstruction. If the Selectmen deny the appeal,the decision may then be appealed per MGL Chapter 40A,Section
<br /> 17 Judicial review.
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<br /> EXPLANATION: The Article,if approved at Town Meeting,provides for two amendments to the Zoning By-Laws:(1)To modify the
<br /> definition of STREET to include all recorded public or private rights of way,(private ways exist in many Mashpee subdivisions)including those which
<br /> may provide access to the water. (2)To create a new By-Law which provides a procedure to implement removal of obstructions.
<br /> The purpose of this proposed Zoning By-Law is to provide property owners,associations of property owners and individual residents an effective
<br /> remedy to maintain their lawful travel over rights of way by requesting the Town to remove obstructions,including fences,bulkheads at shoreline,
<br /> 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
<br /> $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
<br /> rights of way is an occasional problem,and future obstructions will be discouraged.This By-Law,if approved,should minimize or prevent conflicts
<br /> among residents because the Town will be the impartial decision maker and remover of obstructions.
<br /> The proposal also prevents obstructions in rights of way,which lead to the shoreline,thus fulfilling Goal 2 of Mashpee's Comprehensive Plan:
<br /> GOAL 2: TO MAINTAIN AND ENHANCE PUBLIC ACCESS TO AND ENJOYMENT OF MASHPEE'S COASTAL
<br /> RESOURCES WITHOUT DEGRADING THOSE RESOURCES.
<br /> 1. To ensure that development and redevelopment does not interfere with existing public access and traditional public rights-of-way to and along
<br /> the shoreline/or with public rights of fishing,fowling and navigation.
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