[Adopted 8-26-1974 STM, Art. 15 (Ch. VII of the Revised Bylaws)]
No person except the Selectmen and other officers of the Town,
in the lawful performance of their duties, or those acting under their
orders, shall obstruct any sidewalk or street or any part thereof
or break or dig the ground of the same without first obtaining a written
license from the Selectmen. The person so licensed shall put and at
all times keep a suitable railing around the parts of any pit, and
at all times keep a suitable railing around the parts of any sidewalk
or street under his jurisdiction so obstructed or dug up, so long
as the same shall be unsafe or inconvenient for travelers. He shall
also keep said railings or fence illuminated from sunset to sunrise
as the Selectmen may direct.
Whenever any sidewalk under the jurisdiction of the Selectmen
becomes obstructed or made impassable by any reason, the person causing
the same shall place a good and convenient walk around such obstruction.
No person shall erect any canopy, awning, shade or shade frame,
or place or maintain goods, wares or other articles, so as to project
into or overhang on any street except in accordance with a permit
from the Board of Selectmen. In case a permit has not been secured,
the Selectmen may require the Police Department to have the owners
secure a proper permit or arrange to have removed the article involved.
Awnings shall be at least seven feet above the sidewalk.
No owner, tenant or other person having control of any building
or premises shall permit a gate or door thereon to swing open across
any part of a sidewalk or street under the jurisdiction of the Town.
A street or road presented for acceptance by the Town of Great
Barrington shall conform to the design standards for streets and roads
as defined in Rules and Regulations Governing the Subdivision of Land
in Great Barrington, as adopted by the Planning Board.[1]
The procedure for petitioning the Town to accept a street or
road shall be as follows:
A.
ACCEPTANCE
LAYING OUT
ROAD
STREET
Definitions of terms used herein shall be as follows:
With reference to a Town Meeting, a vote to accept the ownership
or control of something being offered, e.g., a gift of land, etc.
Also, the second step in the statutory process of establishing, by
vote of the Town Meeting, a way over which the Town then has control,
the first step being the laying out.
A statutory term of precise meaning: the actions of the Selectmen
in determining where the boundaries should be for a road or street
to be presented to the Town Meeting for acceptance.
A general term for a passageway for vehicles and pedestrians.
"Road" perhaps connotes a more rural setting and less improvement
than "street."
A general term for a passageway for vehicles and pedestrians,
perhaps connoting a higher degree of improvement and more urban surroundings
than "road."
B.
The first step is for the petitioners to present a petition to the
Board of Selectmen to lay out the way, said petition to be accompanied
by two copies of a road or street plan showing its location in respect
to connecting ways and abutting property owners.
C.
One copy of the petition and the road or street plan is to be forwarded
by the Board of Selectmen immediately to the Planning Board. The Planning
Board has 45 days to make its examinations and recommendations to
the Board of Selectmen.
D.
The Planning Board shall make appropriate examinations to determine that the proposed way satisfies design specifications as stated in § 153-5 of this article; that the petitioners have properly shown and described the land to be taken, the names of owners and an agreement referring to such plan, signed by all abutters, releasing said land with no claims for damages; and that the locations of public utilities above and below ground, drainage lines, sewers and waterlines are correctly indicated on the plan.
E.
Upon receipt of the Planning Board report, the Selectmen shall make
the final decision whether to lay out the way; and if favorable, a
formal determination to lay out the way showing courses and distances
shall be made by a vote which appears on the records.
F.
All owners whose land is to be taken for the way and any other parties as determined by the Board of Selectmen shall be notified in writing at least seven days in advance of the scheduled formal vote by the Selectmen to lay out the way (as in Subsection E).
G.
The order of laying out shall then be filed with the Town Clerk at
least seven days before the Town Meeting at which the Town is to act
upon the acceptance of the layout.
H.
There shall be a proper article in the Town Meeting warrant for the
acceptance of the layout and raising and appropriating of any necessary
funds.
I.
There shall be a vote at the Town Meeting accepting the layout and,
if necessary, the appropriation of funds.
Acquisition of title shall be in fee and the fee shall be taken
by eminent domain in every case. The order of taking shall be adopted
by the Board of Selectmen within 30 days after the close of the Annual
Town Meeting. The order of taking shall be recorded in the Southern
Berkshire Registry of Deeds within 30 days after its adoption by the
Board of Selectmen.
A certificate of entry and possession shall be recorded in the
Southern Berkshire Registry of Deeds within two years after the date
of the order of taking, and notice shall be then given to every person
whose property has been taken.
[Added 5-11-1987 ATM, Art. 18]
No person shall pile or otherwise deposit leaves, snow, grass,
brush or other debris from private property in or on any Town street,
road or highway for any purpose.
