05/03/2004 Annual Town Meeting - Laserfiche WebLink

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the Planning Board as a principal means of adequate access to abutting property. In addition, every public or private way shown on a Plan or Subdivision recorded prior to October 1, 2003, even if not approved by the Planning Board, is declared ad legally laid out and is a street; and if the recorded way extends to a shoreline, then access to the water is included within that public or private right of way. The proposed new By-Law is as follows: §174-13.1 Obstructions within streets and public or private rights of way and a procedure providing for their removal 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 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 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. Obstructions include the existence of gates, rails, bars or fences, or any other man made obstructions, except naturally occurring indigenous vegetation, in any street including a public or private right of way legally laid out, which may include access to the shoreline. No�te MGL Chapter 86, Section 5, allows removal of obstructions. MGL Chapter 183, Chapter 58: Real estate abutting a way, watercourse, wall, fence, or other monument, including (b), prevents valid claims of ownership to the center of a right of way under many specified conditions. The procedure to remove an obstruction shall follow the following sequence: I. 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 street with the Town's Zoning Officer, who shall investigate to determine the facts based on recorded Plans of developments and/or Subdivisions 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 ignored. The Zoning Officer's decision shall be published within 60 days from date Request is received by issuing a determination. A maximum fee of $75 may be charged by the Town for processing this Request. This $75 fee shall include all subsequent appeals within the Town. 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 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 Appeals, the Town shall direct the Department of Public Works to remove such obstruction within the next 45 days. All notification shall be assumed to occur 5 days after mailing of notice via certified first class mail. Copies will be sent to the requester, or his agent. 3. If the Zoning Officer determines there is no obstruction, he shall promptly notify the requester via certified mail. 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 Appeals within 25 days after mailing notification of decision. The appeal shall be heard within 65 days and the Board 20