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<br />,t Article 13 The procedure to remove an obstruction shall follow
<br /> the following sequence:
<br /> To see if the Town will vote to amend the Town
<br /> e Zoning By by both adding a new §174-13.1. I. A property owner, an association of property
<br /> own-Removal of obstructions within streets and public or ers or a resident may file a written Request for
<br /> n private rights of way";plus modifying the definition of removal of listed obstructions in a named way or
<br /> r STREETS by adding a sentence. street with the Town's Zoning Officer, who shall
<br /> investigate to determine the facts based on
<br />- The Definition of STREET in the following By-Laws recorded Plans of developments and/or
<br /> S of the Town of Mashpee is hereby amended by adding Subdivisions showing streets and rights of way,
<br />•f a sentence, printed in italics, so the STREET defini- Property Deeds and Surveys. Any approvals
<br />.- tion will read as follows: granted by the Town to build within a recorded
<br />,f right of way shall be ignored. The Zoning
<br /> STREET — A public way laid out by the town Officer's decision shall be published within 60 ".
<br /> under MGL C. 82, Section 21, or other authority days from date Request is received by issuing a
<br /> or laid out by the state or county, which is open to determination. A maximum fee of $75 may be
<br /> travel by the general public and is on record at the charged by the Town for processing this Request.
<br /> I Registry of Deeds, or a public or private way duly This $75 fee shall include all subsequent appeals
<br /> approved by the Planning Board under the within the Town.
<br /> S Subdivision Control Stature, or a way on record at
<br /> r the Registry of Deeds which is approved by the 2. If the Zoning Officer determines an obstruction
<br />,f Planning Board as a principal means of adequate exists within a street or right of way then the
<br /> n access to abutting property. In addition, every Zoning Officer shall notify all abutters within 300
<br /> n public or private way shown on a Plan or feet by certified mail, return receipt, that unless
<br /> J Subdivision recorded prior to October 1, 2003, the structures are removed, or the request to
<br /> even if not approved by the Planning Board, is remove is appealed within 25 days to the Zoning
<br /> S declared ad legally laid out and is a street; and if Board of Appeals, the Town shall direct the
<br /> the recorded way extends to a shoreline, then Department of Public Works to remove such
<br /> access to the water is included within that public obstruction within the next 45 days. All notifica-
<br /> e or private right of way. tion shall be assumed to occur 5 days after mailing
<br /> 0 of notice via certified first class mail. Copies will
<br />;t The proposed new By-Law is as follows: be sent to the requester, or his agent.
<br /> §174-13.1 Obstructions within streets and public or 3. If the Zoning Officer determines there is no
<br />" private rights of way and a procedure providing for obstruction, he shall promptly notify the requester
<br /> their removal via certified mail. I
<br /> d r
<br />,. Aro property owner, an association of property owners, 4. If the requester or an abutters disagree with the
<br /> P P Y � P P Y q Y ( ) g u
<br /> N or a resident may file a written request to the Town for Zoning Enforcement Officer's decision, an appeal it
<br /> removal of one or more obstructions on any street or may be filed with the Zoning Board of Appeals j
<br /> public or private right of ways legally laid out in order within 25 days after mailing notification of deci-
<br /> to allow full and easy travel free of all impediments. sion. The appeal shall be heard within 65 days and
<br /> Items constructed by the Town, County or State in the the Board shall determine whether the appeal is
<br /> I interest of the general public are not obstructions, nor valid within 65 days from their fist hearing, and
<br /> are poles, pipes or wires which provide public utility promptly notify the requester and appellant via 1.
<br /> services. Obstructions include the existence of gates, certified mail. jl
<br /> rails, bars or fences, or any other man made obstruc-
<br /> tions, except naturally occurring indigenous vegeta- 5. Any objection to the decision of the Zoning Board
<br /> C tion,in any street including a public or private right of of Appeals, or their failure to issue a decision it
<br /> y way legally laid out, which may include access to the within 65 days, may be appealed in writing by
<br /> shoreline. Note MGL Chapter 86, Section 5, allows either the requester(s) or abutter(s)to the Board of
<br /> removal of obstructions. MGL Chapter 183, Chapter Selectmen within 25 days. The Selectmen shall
<br /> n 58: Real estate abutting a way, watercourse, wall, hear the appeal at a public hearing within 65 days.
<br /> fence, or other monument, including (b), prevents Selectmen shall accept written and verbal com-
<br /> valid claims of ownership to the center orf a right of ments form all interested parties, and decide by
<br /> way under many specified ecified conditions. vote within the next 65 days whether to sustain or
<br /> reject the Request to remove Obstruction. If the
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