| Any person intending to build or extend any wharf, fish weir |
or trap in tidewaters, within the limits of any city or town, may |
apply in writing to the municipal officers thereof of the city or |
town, stating the location of the weir, the boundaries of the |
cove in which the weir will be constructed as identified on a map |
prepared by the Commissioner of Marine Resources, limits and |
boundaries, as nearly as may be, of the intended erection or |
extension, and asking license therefor for the intended erection |
or extension. The application must provide proof to the |
municipal officers that all parties that may be directly affected |
by the proposed construction have been notified of the |
application. Upon receiving an application, the officers shall |
give at least 3 days' public notice thereof of the application in |
a newspaper, published in the town, or, if there is no newspaper |
published in the town, in a newspaper published within the |
county, and shall therein designate in the notice a day and time |
on which they or their designee will meet on or near the premises |
described, to examine the same and hear all parties interested. |
If, upon following such examination and hearing of all parties |
interested, the officers decide that such erection or extension |
would not be an obstruction to navigation or injury to the rights |
of others, and determine to allow the same, they shall issue a |
license under their hands to the applicant, authorizing the |
applicant to make such an erection or extension, and to maintain |
the same within the limits mentioned in such license. The |
applicant for license to build or extend a fish weir or trap |
shall first give bond to the town, with sureties, in the sum of |
$5,000, conditioned that upon the termination of such license the |
applicant shall remove all stakes and brush from the location |
therein described. The municipal officers shall, within 10 days |
after the date of hearing, give written notice by registered mail |
of their decision to all parties interested. Any person aggrieved |
by the decision of the municipal officers, in either granting or |
refusing to grant a license as provided, may appeal to the |
Superior Court within 10 days after the mailing of such written |
notice. The court shall set a time and place for hearing and give |
notice thereof in the same manner as provided for a hearing |
before the municipal officers. The decision of the court must be |
communicated within 10 days after the date of hearing to the |
appellant and to the municipal officers of the town in which the |
proposed wharf, weir or trap is to be located. This decision is |
binding on the municipal officers, who shall issue a license, if |
so directed by the decision of the court, within 3 days after the |
decision has been communicated to them. If the appeal is |
sustained by the court in whole or in part, the appellant will |
have costs against the appellee. If the appeal is not so |