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Legal Notices Legal'Notices
<br /> TOWN OF MASHPEE
<br /> TOWN CLERK
<br /> MASHPEE,MASSACHUSETTS
<br /> Edward W. Brooke June 26, 1963
<br /> Attorney General
<br /> State House, Boston, Mass.
<br /> Dear Mr. Brooke;
<br /> On March 4th and 5th, 1963 the Annual Town Meeting was held in the Mashpee
<br /> Town Hall with a quorum present. The following articles were acted upon as fol-
<br /> lows:,
<br /> Article 53. To see if.the Town will vote to amend the present By-Laws by add-
<br /> ing to Chapter ill;'the following article V, to read as follows:
<br /> ARTICLE V
<br /> REMOVAL OF SOIL, SAND AND GRAVEL AND SAND PITS
<br /> Section 1. No top soil, sub soil, gravel, sand or other earth may be removed
<br /> from.the Town of Mashpee without first having obtained a permit from the Select-
<br /> men: A permit with conditions imposed where necessary may be issued for the
<br /> removal of top soil, sub soil, gravel, sand, and other earth if the Selectmen, after
<br /> 3 public hearing, shall so order, provided that no such permit shall be granted ex-
<br /> cept upon written application and after a public hearing of parties interested and
<br /> consideration of their evidence by the Selectmen; notice of said hearing being giv-
<br /> en:by publication of the time and place thereof in a local newspaper not less than
<br /> fwd"Weeks before said hearing, the expense of publication to be borne by the peti-
<br /> tioner.7AfteG such,a..hearing, the Selectmen shall render a decision in writing, stat-
<br /> mg rhe.decisionsand the reason thereof to the applicant. Such permit may be re-
<br /> moved. ,,
<br /> Section 2.`No,fop soil or sub soil shall be removed from place to place within
<br /> the Town of•Mashpee" from an area of ground consisting of more than 500 square
<br /> feet''
<br /> eet unless the person removing such top soil or sub soil shall replant annually the
<br /> entire area 'of such removal with rye, vetch, wheat, legumes or other soil plants,
<br /> orplant with-a permanent cover crop or reforest the area.
<br /> Section 3. No sand or gravel shall be removed from place to place within the
<br /> TowndfMashpee; except that a sand gravel pit may be opened and used for such
<br /> purposes, if it is,located 100 feet or more from a street line and no more than one
<br /> entrance and one exit can be used. If such sand and gravel pit is opened and used,.
<br /> the owner'shall burn or cart to the town dumping area all dead trees and stumps
<br /> when any area thereof amounting to more than 5,000 square feet becomes unsuited
<br /> for,furtheY use,,1hd'in such case,,such area shall be replanted with trees or shrubs
<br /> to pr,'eVent,solI erosion.
<br /> Section 4.',T)iel:foregoing By-Laws shall not apply to land In public use nor
<br /> shalt-fliey apply;to'ihe'case of materials removed or excavated for the purpose of
<br /> rViproifing g ading,"landscaping.or cultivating the lot in which the soil, sand, gravel
<br /> or.ether_' earttr is:ilocated, nor'for construction of buildings and the making of pub•
<br /> Iiq oe:privafe"improvements.
<br /> e' Section Z. Any person violating the provisions of this By-Law'shall be punished
<br /> 2 by-.a fine lfof to exceed $20.00 for each offense. Action: Motion made and seconded
<br /> toIai:6 ar}1cle as`read. Voted 29 for,3 opposed.
<br /> �. ARTICLE:.56 To,see if.the Town will vote to amend the"Town Zoning By-Laws by
<br /> t extending the present business area Southwesterly for one thousand feet on Route
<br /> n 28, beyond the.,present business.area at the Mashpee Rotary Circle..
<br /> ACTION. Motion',ma.deiand seconded to accept as read. Voted 23 for, none opposed.
<br /> ARTICLE: 57','6:s'ee if the Town .will vote to amend-Article 11, of Chapter 111,
<br /> t Zoini 9"By Laws'by .adding to Section' F, Subsectional, R-75 Residence District the
<br /> following, (c) .Front Yards: No building shall be erected within twenty (20) feet
<br /> at:fhp side line .a street;'nor .closer than (10) feet to the side lines or near
<br /> reaW fines gf',the:lot: ,
<br /> ACTION: Motlon'"made and seconded to accept article as read. Voted 21 for, none
<br /> apposed. .
<br /> ARTICLE. 58 Under authority granted by Article 21 of the Annual Town Meeting
<br /> Warrant of the Town of Mashpee, 5 March 1962, the Board of Selectmen submit
<br /> the following: To see if the Town will vote to amend the present By-Laws by add-
<br /> ing�.fio,Ghapter:'tlls to read as follows:
<br /> c. ARTICLE IV
<br /> RULES;AND .REGULATIONS, RELATIVE TO THE DREDGING OR FILLING
<br /> WATERWAYS AND MARSHLANDS WITH THE TOWN
<br /> Sectionr 1. All'applications for a permit to dredge or fill must conform with
<br /> State.;and Federal.statutory dules or requirements :Ith, --- - �- :arable
<br /> Section-2. -All,applications must be in writing or on a form prepared by the
<br /> Board of Selectmen• and available at the office of. the Town Clerk and shall be
<br /> accompanied by a-filing fee of ten dollars.
<br /> Section 3.,An,:application for a permit shall state:
<br /> a .The name and address (s) of the owner (s) and occupant (s) of the land
<br /> effected1 11 .:
<br /> b. The exact area sought to be dredged or filled, Identify by land marks
<br /> or'monuments or'by:an accurate plan or survey of the land, marsh, or waterway
<br /> effected.
<br /> Section 4. A" public hearing shall be held on every application; which hearing
<br /> Shall be advertised at least seven days before the date of the hearing.
<br /> Section$. Any person violating the provisions of this By-Law shall be punished
<br /> by a fine hot'to;'exceed $20.00 for each offense.
<br /> ACTION:.Motion made and seconded to accept article as read.Voted 28 for, none
<br /> opposed.
<br /> ARTICLE 59. To see If the Town will vote to amend the Zoning By-Laws by add-
<br /> inq !he following sub-paragraph to paragraph C, 1:
<br /> f:.Public or.private facilities for recreation, such as uses customarily Inci-
<br /> dent thereto.'. '
<br /> ACTION: Motion made and seconded to accept article as read. Voted 24 for, none
<br /> opposed. '
<br /> ARTICLE 60.To see if the Town will vote to amend the Zoning By-Laws, Chapter
<br /> Ill, Article.il, by adding thereto the following section M, entitled, AREA REGU-
<br /> LATIONS, Namely: _
<br /> M. AREA REGULATIONS
<br /> L. Filled-Land. No person,shall fill any area In theTown of.Mashpee with
<br /> earth, concrete, or other-material to a depth in excess of five (5) feet without a
<br /> -permit,.from-_the-:..Board of_Selectmen. Saida.Board„may..requtra_an;..aPAUcant for -
<br /> -such permit to furnish such plans or specificaTlons as the Board may deem neces-
<br /> sary and any permit issued hereunder may contain such provisions, conditions or
<br /> limitations as the Board may.deem proper. Any person aggrieved by any action
<br /> of the Board of Selectmen hereunder shall have the right to appeal to the Zoning.
<br /> Board of Appeals under the applicable provisions of the Zoning Laws.
<br />- .ACTION: Motion made and seconded to accept article as read. Voted 21 for, none
<br /> opposed.
<br /> ARTICLE 61. To see if the Town will vote to amend the Zoning By-Laws by in-
<br /> serting the following sub-paragraph at the end of paragraph "F”.
<br /> "F" V. CLUSTER ZONING DISTRICT
<br /> (1) If a. plan of land, containing 100 or more acres In a single parcel or con.
<br /> tiguous parcels.(disregarding streets, public or private easements, and creeks or
<br /> other natural barriers), of which not less than 60 acres is registered land, is sub-
<br /> mitted to the Board of Appeals upon petition under Section 9.3; if the Board finds
<br /> that development of the land shown on the plan on the cluster zoning principle
<br /> will fulfil the spirit and intent of this By-Law with substantial detriment to the pub-
<br /> lic good; and if a portion of the registered land, sufficient to constitute a dom-
<br /> inant tenement, is deed to the Town of Mashpee by a deed which states that the
<br /> land thereby conveyed is benefited by restrictions imposed thereby upon all of the
<br /> land shown on such plan, which restrictions: (1) run, with respect to their burden,
<br /> with all of the landshown on such plan; (11) are noted on or in the certificate or
<br /> certificates of title to the registered.portions of such land; (III) have a stated dur-
<br /> ation of not less than the maximum period permitted by section 27 of Chapter 184
<br /> of the General Laws of the Commonwealth of Massachusetts; (IV) contain the
<br /> provisions for extension described in said section; and (V) have the effect, when
<br /> considered in the aggregate, of:
<br /> (a) Permitting no more than three dwelling units times the number of
<br /> acres of registered land, and "
<br /> (b) Permitting no more than 870 square feet of area (including In such
<br /> computation the sum of the floor areas of any building but excluding customer
<br /> parking areas) times the number of acres of registered land to be devoted to com-
<br /> mercial uses, other than recreational uses.
<br /> THEN, all other provisions of this Section F, including but not limited to pro-
<br /> nibitions on use and minimum lot size and frontage requirements shall .not be ap-
<br /> plicable to the registered land so long as such restrictions are enforceable, ex-
<br /> cept that no-part of such land may be used for industrial or obnoxious uses. If
<br /> any of the unregistered land is subsequently registered and effectively subjected
<br /> to the foregoing restrictions in favor�of the dominant tenement, it shall thereafter
<br /> be treated; for all purposes of this Section F; as if it has been so registered and
<br /> subjected at the time of approval of.the plan.
<br /> (2)For the purposes of this section F.V., a "dwelling unit" shall not include
<br /> detached buildings on any lot utilized solely for non-paying guests of the person
<br /> or persons occuppying the principle dwelling unit on the same lot, but It shall in-
<br /> clude each individualroom or suite of rooms in any hotel or,motel.
<br /> ACTION: Motion made and seconded to.accept article as read. Voted 25 for, none
<br /> opposed.
<br /> Sincerely,
<br /> Bernice L. Grant
<br /> Town Clerk
<br /> Boston, Mass., July 26, 1963
<br /> The foregoing amendments to by-laws and
<br /> zoning by-laws have been approved, with
<br /> the exception of the stricken words in
<br /> Article 58, which have been DISAPPROVED.
<br /> Edward W. Brooke -
<br /> Attorney General
<br /> 0, true copy -
<br /> Attest:.
<br /> (Seal)
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