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Selectmen deny the appeal, the decision may then Driftwood Way, Leeshore Drive, Sandy Way, Sextant
<br /> be appealed per MGL Chapter 40A, Section 17 Circle, Surf Drive and Tradewind Drive as shown on a
<br /> Judicial review. plan entitled "Road Easement Taking Plan of
<br /> ` Seabrook Village Subdivision in Mashpee,
<br /> Submitted by Petition Massachusetts (Barnstable County)", dated December
<br /> 13,2000 and prepared by The BSC Group,Inc.,which
<br />;g Explanation: The Article, if approved at Town layout shall have been filed in the Office of the Town
<br /> 4 Meeting, provides for two amendments to the Zoning Clerk,not later than seven days prior to the date of the
<br /> By-Laws: (1) To modify the definition of STREET to vote hereunder and to authorize the Board of
<br /> i include all recorded public or private rights of way, Selectmen to acquire by gift, purchase or eminent
<br /> (private ways exist in many Mashpee subdivisions) domain taking any land necessary for the purposes of
<br /> including those which may provide access to the such ways as so laid out, and to appropriate and trans.
<br /> s water. (2) To create a new By-Law which provides a fer from available funds $340,884.45 to the Seabrook
<br /> procedure to implement removal of obstructions. Village Roadways Account and to raise said appropri.
<br /> ation, the Treasurer, with the approval of the Board of
<br /> The purpose of this proposed Zoning By-Law is to Selectmen, be authorized to borrow at one time, or
<br /> provide property owners, associations of property from time to time, under and pursuant to Chapter 44
<br /> owners and individual residents an effective remedy to Section 7 or 8 or any other enabling authority for such
<br /> maintain their lawful travel over rights of way by purchase or taking and layout including costs of con-
<br /> requesting the Town to remove obstructions, including structing such ways and legal financing and other costs
<br /> fences, bulkheads at shoreline, structures or impedi- incidental and related thereto; and further authorize
<br /> ments which are located in a street or public or private the Board of Selectmen to assess betterments to the
<br /> right of way legally laid out. The Town may charge a owners of the land abutting the ways, or take any other
<br /> maximum fee of$75; however it is believed that there action relating thereto.
<br /> will be only minor, if any, expense to the Town
<br /> because construction or placement of obstructions in Submitted by Petition
<br /> streets or rights of way is an occasional problem, and
<br />'} future obstructions would be discouraged. This By- Recommendation: The Finance Committee recom-
<br /> Law,if approved, should minimize or prevent conflicts mends approval.
<br /> among residents because the Town will be the impar-
<br /> tial decision maker and remover of obstructions. Motion made by Terry Hollis I move the Town vote
<br /> to accept the layouts as public ways of Albatross
<br /> f The proposal also prevents obstructions in rights of Circle, Barnacle Lane, Driftwood Way, Leeshore
<br /> way,which lead to the shoreline,thus fulfilling Goal 2 Drive, Sandy Way, Sextant Circle, Surf Drive and
<br /> f of Mashpee's Comprehensive Plan. Tradewind Drive as shown on a plan entitled "Road
<br /> t Easement Taking Plan of Seabrook Village
<br /> GOAL 2: TO MAINTAIN AND ENHANCE PUB- Subdivision in Mashpee, Massachusetts (Barnstable
<br /> 1 LIC ACCESS TO AND ENJOYMENT OF MASH- County)", dated December 13, 2000 and prepared by
<br /> PEE'S COASTAL RESOURCES WITHOUT The BSC Group, Inc., which layout shall have been
<br /> DEGRADING THOSE RESOURCES. filed in the Office of the Town Clerk, no later than
<br /> seven days prior to the date of the vote hereunder and
<br /> "I. To ensure that development and redevelop- to authorize the Board of Selectmen to acquire by gift,
<br /> ment does not interfere with existing public access purchase or eminent domain taking any land necessary
<br /> and traditional public rights-of-way to and along for the purposes of such ways as so laid out, and to
<br /> the shoreline or with public rights of fishing,fowl- appropriate and transfer from available funds
<br /> ing and navigation. $340,884.45 to the Seabrook Village Roadways
<br /> Account and to raise said appropriation, the Treasurer,
<br /> Planning Board voted at a Public Hearing held on with the approval of the Board of Selectmen,be autho-
<br /> Apri17,2004 5-0 to make no recommendation. rized to borrow at one time, or from time to time,
<br /> under andursuant to Chapter 44 Section 7 or 8 or any
<br /> P p
<br /> taking
<br /> Motion made b Edward Larkin to indefinite) other enabling authority for such purchase or 8
<br /> Y Y g Y
<br /> postpone Article 13. and layout including costs of constructing such ways
<br /> and legal financing and other costs incidental and
<br /> Motion to indefinitely postpone passes at 9:56 p.m. related thereto; and further authorize the Board of
<br /> Selectmen to assess betterments to the owners of the
<br /> Article 14 land abutting the ways, or take any other action relat-
<br /> ing thereto.
<br /> To see if the Town will vote to accept the layouts as
<br /> public ways of Albatross Circle, Barnacle Lane,
<br /> 60
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