Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the town of Orleans is hereby authorized to establish by by-law that if its conservation commission has failed to hold a hearing within twenty-one days of filing a notice of intent under such by-law, or if said commission, after holding such hearing has failed within twenty-one days therefrom to issue an order, or if said commission, upon a written request by any person to determine whether such by-law is applicable to any work, fails within twenty-one days to make said determination, or where an order is issued by said commission, the applicant, any person aggrieved by said commission's order or failure to act, or any ten residents of the town of Orleans may within twenty-one days of said commission's order or failure to act, appeal therefrom to the second Barnstable division of the trial court by filing a complaint with said court and by sending a copy thereof, certified mail, return receipt requested, to the town clerk and the conservation commission of the town of Orleans and if the appellant is other than the petitioner, to the petitioner, all within twenty-one days of said order or failure to act. The court shall hear all evidence pertinent to the authority and findings of said commission and determine the facts, and, upon the facts so determined, annul such decision if found to exceed the authority of said commission or make such other decree as justice and equity may require, and said court shall have equity powers sufficient to enable it to enforce the provisions of this act.
SECTION 2. This act shall take effect upon its passage.