[HISTORY: Adopted by the Board of Selectmen of the Town of
Orleans 10-25-1989.(This legislation also included a number of forms. Said forms are
on file in the Town Offices and may be examined there during regular
office hours.) Amendments noted where applicable.]
These regulations are promulgated by the Board of Selectmen
of the Town of Orleans pursuant to their authority under the General
Laws for laying out of public ways over private properties in the
Town of Orleans. These regulations are also promulgated to assist
persons in the proper procedures for requesting the Board of Selectmen
to layout and accept public ways over private properties.
Articles seeking the layout, and the acceptance of a public
way over private property shall be matters considered only at the
Annual Town Meeting.
Documents hereinafter enumerated in support of a request for
the layout of a public way shall be filed with the request at the
office of the Board of Selectmen, no later than November 30 of the
year prior to the Annual Town Meeting.
The Board of Selectmen will require a plan drawn by a registered
engineer or land surveyor at the petitioners' or proponents'
expense, which shall include all details of the road, names of all
owners, all abutters, areas to be taken, drainage disposal, easements
and any other specifications that may be required in fully and completely
describing the road layout.
In exercising discretion as to waiving the aforementioned requirements
and accepting a subdivision plan, the Board of Selectmen shall require
the aforementioned engineered plan, and shall exercise discretion
only in those cases where the subdivision plan is approved by the
Orleans Planning Board, duly recorded with the Barnstable Registry
of Deeds, and complies with all of the above referenced design requirements
for the layout as set forth above. Therefore, discretion will be exercised
in favor of the subdivision plan only in those situations where there
is on record a subdivision plan showing the road as built.
In addition to the aforementioned plan, the petitioner or proponent
of the plan shall file a petition addressed to the Selectmen requesting
that the Selectmen hold a public hearing with respect to the layout
of said way and thereafter present the proposed layout to the Town
Meeting for approval. In support of their petition, the proponents
or petitioners for the layout shall file with their plan and petition
executed waiver and release forms, executed and signed by all persons
who abut or have an interest in the private way.
It shall be the responsibility of the proponents or the petitioners
to obtain the aforementioned waiver and release form along with title
references from each person abutting the road under consideration
and shall file with the petition and plan a statement that the list
of abutting owners is from the most recent Assessor's records
of the Town of Orleans.
It shall be the responsibility of the petitioners to update
the list of abutting owners and executed waiver and release forms,
following the date of filing of the petition to the date of the Annual
Town Meeting at which the request for the road layout is presented
to the voters.
The Board of Selectmen shall not consider or approve any road
layout of a private road unless the same intersects or connects with
an already existing public way in the Town of Orleans, and shall not
accept for layout as public ways, private ways totally within a subdivision
which do not intersect or connect with a public way; unless, however,
the petitioners or the proponents for the layout of a private way
within a subdivision also provide a plan seeking an approval and layout
of any and all ways leading to the subdivision from the nearest public
way.
After receipt of all of the documents required by these regulations,
the Selectmen shall hold a public hearing concerning said layout,
not later than sixty (60) days from that date, and following said
public hearing shall cause an Article to be placed in the Annual Town
Meeting Warrant for the ensuing year to see if the town will vote
to accept the report of the Board of Selectmen with respect to the
layout and making public of said way, and also to authorize the Selectmen
to acquire the same by gift, purchase or eminent domain.
