By Representative Turkington of Falmoth and Senator O'Leary, joint petition of Eric Turkington and Robert A. O'Leary (by vote of the town) relative to the laying out of certain public roadways in the town of Nantucket.  Municipalities and Regional Government.  [Local Approval Received.]

The Commonwealth of Massachusetts

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PETITION OF:

Eric Turkington

Robert A. O'Leary

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In the Year Two Thousand and Seven.

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An Act to amend Chapter 434 of the Acts of 1975 regarding roads on Nantucket Island.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION: The existing text of Chapter 434 of the Acts of 1975 allowing for the validity of the laying out, alteration, relocation, discontinuance, or acceptance of certain ways despite any failure to comply with final recording requirements as provided in Chapter 82 of the General Laws, is hereby amended inserting the words “Section One” in front thereof;

SECTION 2: There is hereby added a new section 2 to Chapter 434 of the Acts of 1975 that reads as follows:

SECTION 2: The ways listed in Section 1 are to be deemed to include the entire width of the layout as approved by the Board of Selectmen and voted by the Town on Nantucket in Article 17 (“Article”) of the Annual Town Meeting in the year 1975 and any reference therin to “Paved Sections” for those ways listed below is now established to be only for the purpose of identifying the length of those ways, as each existed in 1975, which were to have the benefit of Chapter 434 to correct any failure to comply with final recording requirements. In the event the Paved Sections of those ways differed in width from the layout plans of record at that time, the Article and Chapter 434, are deemed not to alter any street layout as to width. If a Paved Section, as each existed in 1975, was not paved to the full width of the corresponding dimensional plan of record laying out said street, the Article and Chapter 434 are deemed not to exclude the unpaved shoulders of that way, if such were included in the corresponding layout plan. The term “Paved Sections” in the Article was used only to identify the length of the street subject to Chapter 434.

“Paved Sections” of the following ways: Bartlett Road; Beach Walk; Cambridge Street (North of Madaket Road); Cato Lane; Coffin Way; Cornish Street; Eel Point Road; Henry Street; James Street: Johnson Street; Low Beach Road; Macy Lane; Somerset Road; Vestal Street Extension; Washington Avenue; Washington Street Extension; Wesco Place (plus 40).

Section 3: This act to take effect upon passage