05/03/2004 Annual Town Meeting - Laserfiche WebLink

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shall determine whether the appeal is valid within 65 days from their fist hearing, and promptly notify the requester and appellant via certified mail. 5. Any objection. to the decision of the Zoning Board of Appeals, or their failure to issue a decis,ion within 65 days, may be appealed in writing by 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 days. Selectmen shall accept written and verbal comments form all interested parties, and decide by vote within the next 65 days whether to sustain or reject the Request to remove Obstruction. If the Selectmen deny the appeal, the decision may then be appealed per MGL Chapter 40A, Section 17 Judicial review. Submitted by Petition Explanation: The Article, if approved at Town Meeting, provides for two amendments to the Zoning By-Laws: (1) To modify the definition of STREET to include all recorded public or private rights of way, (private ways exist in many Mashpee subdivisions) including those which may provide access to the water. (2) To create a new By-Law which provides a procedure to implement removal of obstructions. The purpose of this proposed Zoning By-Law is to provide property owners, associations of property owners and individual residents an effective remedy to maintain their lawful travel over rights of way by requesting the Town to remove obstructions, including fences, bulkheads at shoreline, 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$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 rights of way is an occasional problem, and future obstructions would be discouraged. This By-Law, if approved, should minimize or prevent conflicts among residents because the Town will be the impartial decision maker and remover of obstructions. The proposal also prevents obstructions in rights of way, which lead to the shoreline, thus fulfilling Goal 2 of Mashpee's Comprehensive Plan. GOAL 2: TO MAINTAIN AND ENHANCE PUBLIC ACCESS, TO AND ENJOYMENT OF MASHPEE'S COASTAL RESOURCES WITHOUT DEGRADING THOSE RESOURCES. 'T To ensure that development and redevelopment does not interfere with existing public access and traditional public rights-of-way to and along the shoreline or with public rights of fishing, fowling and navigation.. Planning Board voted at a Public Hearing held on April 7, 2004 5-0 to make no recommendation. Motion made by Edward Larkin to indefinitely postpone Article 13. Motion to indefinitely postpone passes at 9:56 p.m. 21