Date Issued: 03-29-82
Date Revised: 06/99
For complete language regarding Consent of municipal officers to construct or alter lines, refer to Massachusetts General Laws, Chapter 166: Section 22.
Section 22 authorizes the Selectmen "of the town where it is proposed to construct such line to grant permission to erect or construct upon, along, under or across said way the wires, poles, piers, abutments or conduits necessary therefor. A public hearing shall be held on the petition, and written notice of the time and place of the hearing shall be mailed at least seven days prior thereto by the clerk of the city or by the Selectmen of the town to all owners of real estate abutting upon that part of the way…"
Accordingly, this administrative policy prescribes the procedure to be followed by a utility in applying for a permit for a pole or conduit location. All applications shall be filed on the appropriate petition form at the Selectmen's Office. In addition to the application form, the petition shall be accompanied by:
a. A copy of an appropriate map marked with the location of existing poles and/or conduits, proposed poles and/or conduits, any other applicable structures, and approximate property lines of abutters.
b. The name and telephone number of the utility's representative to be contacted by abutters with questions.
Upon receipt of the materials outlined above, the Administrative Assistant to the Board of Selectmen will schedule the public hearing and forward to each abutting property owner a copy of the notice indicating the map is available and the name and telephone number of the utility's representative. The Town Engineer or his/her representative will review the application and indicate his or her recommendation on the application along with any special conditions recommended.
At the hearing, the petitioning utility must be represented by an individual who is familiar with the actual existing site conditions as well as the proposal. The petitioner will be expected to explain the petition. Interested abutters and citizens will be provided with an opportunity to ask questions and comment.
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