1988-TOWN MEETING RECORDS - GREEN

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Page Five-A Page Six-A sk FDr Classifieds The Enterprb! CLAS! 700 759-%42 - 477-4770 P.O. Box 647 Deer Cyc ssing, RFD 1 Box B - 3 FalffaA, MA 02541 Mm", MA 02649 LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE Health for in,allalwasof sewage disposal iysuni,an independent regincredvivilar acwtzsry� i Commission that the Permit has been 0 recorded. Town of M.'h;wc engineer willbe retained by the Board of Health to conduct a review of the planned:ewam disposal ,W in and related hydrologic data regarding the impact of the proposed discharge AD Special Town Meeting ground and surface waters. To offset the cost of this review to the Town.Me applicant will be Section 4.3.8 Regulations --- assessed.fee deter mined by the Board of Health and based upon the estimated rest,of the, After a politic notice and public hearing the Commission shall promulgate rules a." review. Payments will be made at the time of appfication. regulations to effectuate We purposes of this bylaw and may from time to time amend f Submitted by Board of Health and t them. palatally We Commission to promulgate such rules and regulations or a legal Sewer Committee declaration of their invalidity by a(Oult Of law Shall 001 ad to suspend or invalidate the effect of this bylaw, Article 17 Section 43.9 Deffindfical, a To sen 9 the Town will vote In authorize the Town to reserve for future appropriations at special in on.]town meeting,all receipts from Sewage Disposal System Review Fees assessed The following definitions shall apply in t1matter,rewtion and implementation of this bylaw. BARNSTABLE ss Greetings by the Board of Health pursuant US SwIum 4,1,16 of the Town Ity-Laws The term Person Shan include any individual,group of individuals ease- 21.1987,or Mks any Other utKup lat.1ing thereto retroactive to December To the Constables of the Town datiM.Partnership,corporation.company,business orRannation.VUSE.estate,the Submitted by Bond of Health and Commonwealth in Political subdivision thereof to the extent Subject to Town bylaws, In the name of the Com monweRJ(h Of Massachusetts you are hereby directed to notify and Sewer Com uniftee ad ministrative agency.public or quanipublic corporation or body,this municipality, of and any other legal entity.its legal representatives,agents w acftgxls� Summers the inhabitants the Town of Magnper who are qu.idwd I.vote in the elections to meet At the M.mpiw Middle School on Monday, the first day of February 1988 at 7 30 Pm for the 8: following purposes: Theterm after shall include without limitation,the following Activities when To we if the Town will vote to delete Aroma 43 Rules and Regulations Regarding Wetlands undertaken w.upon,within or affecting resource mesa protected by this bylaw,as To ect on the Articles contained in the following Warrant: of Me Town By-laws And Insert a new Article 4.3,entitled Wetlands Protection as follows: defund by Section 4.3.2: Article 1: ARTICLE 4.3 WETLANDS PROTECTION a, Perusal.micanoation or dredging of sea. and.grave;.or aggregate materials of any kind; Section 4.3A Purpose To see if the Town will vote to appropriate and transfer$43.[70 from the Revenue Available I for Appropriation Account to fund a contract between the Town of Martine and Mumpee I ls� Changing of preesisfing drainage characteristla.fluminq characteristics, Permanent Firefignus Association,Local 2519.for the period beginning July 1.1987,with said , --1 , The purpose of this bylaw is W protect the wetlands,related water rescuroes,and salinity distribution,sedimenfinicas pallunt,flow patterns.or flood m- f,mcf,wbelameated.sfolhows FirefightewiSainy Account,118.000:Firefighters Wages Account, adjoining Ind areas in this municipahtylby price review and controlof activities deemed million charaiderostiel.; $19.770; Fire Department Expenses Account,$4.900:and Employee Education Account,$500.or by the Conservation Commission likely to haw significant"cumulative cited Upon, lake any other action relating thereto, AoUlatud value,.including but not limited to the following: public or private water sup- c, Change or drainage or other disturbance of water level or water table: ply,groundwater.flood control,Mosian and Sedimentation control,incirm damage Submitted by Board of Selectmen prevention,water Pollution,fisheries,shellfish,wildlife habitat.recreation,aesthetics d Dumping,discharging in filling with any material which may degrade Agriculture.and aquacantural values(collectively, the wetland values protected by this wow quality;, byte.'), Article 2 e. Driving of piles,erection or gerior repair of buildings,or strubstures of any kind; is Sedion 4.3.2 Jurisdiction To see iffine Town will vote to autborize the Board of Seteamen In sell a fire truck referred a to as We how truck.notwithstanding the Provisions of Article 15 or Me Town BY-Laws and that I L Placing of fill; funds received from the Safe be reserved for appropriation,in take any other action relating Except as permitted by the Conservation Commission or as provided in this bylaw,no R Driving of piles,erection"exterior repair of buildings,or Structures of thereto. Person Shall remove.fill,dredge,build upon.or alter land within 100 feet of We following resource uses: freshwater wetland,coastal wetland,marab,wet mead.bog.or swurp; Any kind: bulk.reach,dune in flat;river,pond,Stream,estuary.or the man:and land under said Submitted by Bond of Selectmen U waters;or my Ind subjed to flooding or foundation by groundwater.Surface water tidal h. Placing of obstructions or objects in water; wines,or coastal flowage, Article 3: i. Destruction of plant fife,including cutting of woug 4 Section 4.3.3. Enaptiwx� To See if the Town will vote to transfer and appropriate$6.006 to the Selectmen a Eipense j. Changing water tamperature,biochemical oxygen demand.or Other or The permit and application required by this bylaw all 11 not be required for physical or chemical characteristics of water; Account from We Revenue Available for Appropriation Account,or my other available funds, 1. 11 maintaining repairing or replacing,but DOI substantially ch:nRing or enlarging,an existing I lake an,other action relating thereto. and lawfully located structure or facility used in the service of the public to provide eledric. I k. Any activities.changes or work which may cause or tend W contribute to am,water.wlephone,telegraph or other communication Services,provided that written Pollution of my body of water or groundwater:and Submitted bv Board o(Selemman. notim has been given to the Commission prior to wrimencement a work.and or,,vided that I 1, Apxn=�uxa of pesticides o,herbicides. i. the work conforms to performance standards in regulations adopted by the Commission, 1, Article 4 The permit and application required by this bylaw shall not apply W emergency Elcorpt as otherwise provided in regulations promulgated by the Commission. projects necessary for the protection of the health or safety of the public,provided that the all other definitions shall be as set forth in General Laws.Chapter 15 1.Section 40. To see it the Town will vote to appropriate and transfer from Revenue Available for work is to be performed by or has ban ordered to be performed by an agency of the Appropriation Account.or other available funds,$2.367.42 1.Day the following bills of prior fiscil Sedwail.3.10 Security yews I Commonwealth or a political subdivision thereof,provided: As put of a permit issued under this bylaw,in addition to my security required by Joint Center of Owneyngolory(Board of Selectmen) 3 50.00 a. That advance notiols,"at in written,no basis given to the Commission prior in my other municipal or gate bond,agency or official,the Commission may require that the the Commission prim to the commencement of work or within 24 hours after performarall and observance of Me conditions noticed hereunder be secured wholly or in Falmouth Hospital(Board of Selectmen) 2160,42 commencement; put by me or mine of the methods described below Cape Cod Egs.Nose and Threat Asm.Inc,(Board or Selectmen) 8000 F Day Radiology Associates:Inc. (Brand of Selectmen) 22.00 b, That the Censervatilot Commission"its agent certifies the work As an emu- John H.Lewis Medical Center(Board of Selectmen) 55bO A, gency project & By a propaw limit with sureties Satisfactory in We Commission payable to the I - Town or deprefit of money or negotiable securities W be held by the Town or take Say the,adion relating thugo. qx� Toll or other undertaking of financial responsibility sufficient in the opinion c. That the work is Performed only for the time and place Modified by the COD- of the Commission to Secure compfiance with the"der of conditions, Sues bond Submitted by Board of Selectmen servation Commission for the limited purposes necessary to abate the or deport shall be released upon issuance of a certificate of dompfince:or emergency:and d. That a permit application shall be filed wish fin:Commission for review as P, By a conservation restrintion.camment or other coverwit onformable in a court Article 5: provided in this bylaw� of low.execoned and duly recorded by the owner of record,running with the land W the benefit of this municipality whereby the Permit conditions shall be per- To am 9 the Town will vole.notwithstanding MY Provisions of the Town BY-Laiss,to the Rpm failure to meet these add other requirements a the Commission,the formed and observed bar=Any let may be conveyed other than by mortgage rxxnorwy�to Accept the layout and definition of Bowdoin Road with boundarms,and measurements deed� A partifite of compliance may extimmish my such restriction,easement. Commission may Older all such work stopped and after mail=and a public hearing,revokc! as shown Do a plan entitled Definition Plan of Bowdoin Read, dated Clocker 13,1987 prepared By or other corromant. William M.Warwick A,Anne,Inc,a copy of which is on file in the Office of the Town Clerk,in cor mocifify an emergency project approval dad Order rewoution and mitigation measures. authorim the Bond of Selectmen to acquire by eminent domain on behalf Of the Town-of Mashpsw sC Other than as stated in this Section the exception,provided in me Wetlands Pro- Sanctions 43.11 Enforcement the land within the sidelines a said layout fee this purpose and on appropriate and transfer$1,000 a from funds donated for this purpose for an award of damages under dureakin of the Bond of a Indian Am.Massachusetts General Laws,Chaptar 13 1,Smotion 40,shall net apply. Selectmen.or take Any other action relating thereto. The Commissions,10 Agents.officers,and employees shall have the authority to eater upon privately Owned land for the purpose of Performing thew duties under this bylaw and Z Secdon 4.3.4 Application forPermits and Requests for Determination may make or causs,Up be made such examinations.surveys or sampling as the Commission Submitted by Bond of Selectmen I I 11 V, iL L deems nervismary. Written application shall be filed with the Commission to perform activities resu- rated by this bylaw greeting resource and Adjacent a.,provided by this byhow. The Arlid.6! is -, '.' i .4 applicatom WAR include such information.andplans as use required by the Rulessnal Permits issued Wereunder by violation notices.administratiaii orders.and civil and aiminal To a if the Town will yow In a Pt gift of Ind from Marwis,Marcionette.said land is Regulations of the Cconmission and,such applicallon shall be amended to melts"such court safters. it further information=it plans as may sub Sequenfly be deemed necessary by the show we A3swsser a Map 83A.as Plot 45,And as Lots 856 to 859 inclusive and Lot 860 as showilf Commission upon review to describe proposed activities=it their effects on the nvtron- Uposix request of the Commission,the Town Counsel/Board of Selectmen shall take An a Plain of Ind see.Clttuit,Mass drawn by N.L Crocker,Civil lingmen,dated Much 28M. .- moust. No Activities shall cummence,without receiving and complying with a permit issued legal samism for We enforcement under civit law, Upon request of the Commission.the Chief 1912 and recorded with Barnstable County of Died,in Plan Book 24 Page 135.or take Only Other pursuant to this bylaw A negative determination id applicability hall be deemed ill be a of Police shall take legal adjust for the enforcement under criminal Im. &cum relative thereto. 14 Permit for Inc purposes of this Section 4.3.4. 1 Submitted by Board ofSelectmen A . The Commission in an appropriate case may accept as the applicition and plans under Municipal boards and officers.including any police officers or other officer having 4 this bylaw the Notice of joint and pins filed under the Wetlands Protection Act,General police powers.shall have authority W assist the Cmimission in enforcement. 4 Laws,Chapter 13 1.Section 40. Any person-who violates any provision of this bylay,regulations thereunder,or Article 7: 1 Permits issued thereunder.shall be punished by a fine of not more than$300.00, Each day I Any perient destring to know whether in not proposed adivity or an use is Subject to or portion thereof during which a violation��ues shelf curnsixtute a separate offense, To we if the Town will vote to mothorn,the Board of Select men to take Av r rairwrit do..,. this bylaw may in writing request a determination from the COMMonakift. Such a request for and each prevision of the bylaw,regulations.or�permit violated shall conflitune a wpauts 9.72.,,of land shown as Open Space I on a plan of land entitled. Seabrook Pines,Subdivision determination shelf contain dau and pins Specified by the regulations of the Commission. offense, of Pin of Land Prepared for Prime Properties,Irw,in Mashpine Mass.,Scale,I -80 Date November 19,1986 Holmes and McGrath,Inc.Civil Engineers and Land Surveyors.200 Main At the time of an application in request the applicant shall pay a filing fee specified Section 4.3.12 Burden of Proof Street,Falmouth,Mg, 02540.a copy of which I$on file with the Town Clerk. in regulations of the Commission.ThiMfee is in addition to Wet required by the Wetlands Protection Act,General Law,,Chapter 13 1,Section 40. The Commission may waive the filing The Applicant for.permit sheik have the burden of proving by a preponderance at Submitted by Board of Selectmen credible evidence that the work proposed to the Application will not have unacceptable fail on an application or request filed by a government Agency. significant or cumulative effect upon the wethand values protected by this bylaw. Failure to provide evidence In the Commission supponing this burden shag be sufficient mow for the Article 8: Section 4.3.5 Notice and Hearings Commission W deny a Permit or grant a permit with conditions. a. Section 4.3.13 Relation to the Wetlands Protection Ad To we if the Town will vote to purchase.rent.lewc-or lease with option to purchase five Any Were filing application in a request for determination with the Comes,53 special.classrooms.to furnish same,and for site preparation,installation and utilitv connections Shall,within 5 days thereafter give notice thereof.by certified and,return receipt of same.and that to Accomplish said purpose,and for expenses incidental and related thereto.the requested,to all Shutters and We Owners of property within 300 feet of the boundary or the This bylaw is adopted under the Home Rule Amendment of the M.s3whusett, Thin vow to appropriate and transfer a sum of money,or to appropriate and incur indebtedness property cal which work is proposed.according to the most recent records of the Agai Constitution and the Home Rule statutes,independent of We Wetlands Protection Ad. of a so in of money. it to raise such an appropriation,the Treasurer.with approval of the Bond including those access a way or a body of water and in another Municipality. Said notim General Laws,Chapter 13 1.Section 40,=it regulations thereunder. of Selectmen,be authwiwd to borrow at one ii me.in from time to ti Me.U SUM Of money under shall be I..for in a prescribed by the Cum mission,all"describe the proposed activity and and pursuant W Chapter 44.Section 7,Subsedion 9 of Massachusetts General Laws,or any other We location thereof ad Shall state wJw,e We application and plus may be eiamined by Section 4.3.14 Severxbifity eng,ting authority.and to issue bonds or notes of the Town therefore.and further to see if the interested parties. Town will vote to appropriate and transfer from available funds a sum of monev to%fte Modular .1 The invalidity of Any sedion in provision of this bylaw hall not invaltdate my other 0assroom Project Account to provide interest pavmeols and debt issuance expenses or lake any When the fiber of a request for determination is other ill=the owner.the notice and section in provision thereof. other action relating thereto. copy of We request shall Ann be maned in the Owner. Submitted by Conservation Commission The weron Affadavit of the applicant,or his representative.as In such notification, Submitted by School Com mittel, _12gher with a copy of the notice.a fist of addresses and return receipts shall be filed with b monev,lon"war to the bearing. Article 19 Article 9 TbeCommission shallorrofilit.p.bimhuring within 21 days after receipt of a To we 9 the Town will vow In amend the Zoning By-JLa.by changing the phrase"April To me 9 the Town will vote in appropriate and transfer 11 000 from the Tait Bill Printing complete application or request for determination Notice thereof,at the expense of the 1987 in the first Sentence of Subsection I I BA I to read January 1988, and by replacing Account to the Treasurer a Wages Account,or take any other action relating thereto, applicant,shall be published in.baueparn of general circulation In the Town not less than Subsection 11 1AA.1 with We fullowng; five business days prior to the hearing. Submitted by Treasurer 4.4A Including all of the land within We following described Ross: Again 10 No such applicatuon shall be deemed complete until all other local permits and ficannas for the prepared activity have been issued and copies thereof filed with Me Beginning at the point where the mothers showe line of Agin met Pond intersects the To we if Was Town will vow on transfer and Appropriate from available funds$5.000 to me C.Unin....D 1.the event of a demonstrated hardship,the Commission may waive this Mash,we/Falmouth Town line: Witter Gumassiosents Expease Account,or take any other adion relating therte. requirement upon request of the applicant. Tbenoa Southeasterly and easterly along the MagPice/Falmonut Town Line to We Submitted by Water Commissioners The Commission shall issue it,determulation or an order of coluditsoms concerning the westerly sideline of Falmouth Read Honda 28): proposed Activity within 21 days after the close of Me public bearing, The public During Theness,northerly and westerly by the eastern property line of the 1987 Mashpec may be continued by the Commissioni-with the=sent of the applicant.to a dam certain Awassaws,Map 87, Plots 4 and 5.Map 88.Plot 40 and Map 8 1,Plot I to the Article-I I! announced at the hearing.for the receipt of additional information or plans deemed Southerly line of fins,New Bedford Gas and Electric Light Cum pary easement where necessary by the firm mission from the applicant or others in for comments and it intersects the western property line of Map 8 1,Plot 6, To we if We Two will vow to autherowe We Town to reserve for future Appropriation by recommendations of boards and officials as provided in Section 4.3.6. In the event Mat an Thence westerly 1567 fftt�more or less to the easterly sideline of existing special or Annual two meetings all remitom from Systems Development Charges assessixed by Me applicent Objects to a continuance in rinlems to furnish information requested by the Water Commissioner,.retroactive to November 9,1987,or mile my other action rxilaunig Wereto. Commission.the hearing shall be closed and the Commission shall am upon such information Whilings Read; as is before It Submitted by Water Commissioners Thence,northerly by the easterly sideline of existing Whitings Road to its intersection with the moth sideline of the Nathan S.Ellis Highway(Route 15 1) The Com mission in an appropriate case may combine Me hearing under this bylaw with that conducted pursuant to the Wetlands Protection Act,Massachusetts General Laws, Chapter 131 Sectuni 40 Th..westerly by the southern sideline of the Nathan S.Ellis Highway(Route 15 1) Article 12: a W Ill intersection with the Childs(He'rring)Riyer% S, To we if the Town Will VOW W Appropriate and transfer$6.698.88 from the Dispatcher a Tince northerly along the ormarline of the Childs Rivu and westerly and northerly Wage A�t fee the Purpose of funding a full-time Police officer position that was created at the Section 4.3.6. Coordination with Other Boards along the Abuse line of Johns Pond to its intersection with the northern May 5.1996 Annual Town Meeting with said funds to be apportioned a follows: Patrolman and Any person filing an application in a request for determination with the Commission property Rise of Assessors Map 57.Plot 44A; Sargessits Salary Account.$2.065.74; Polml Wage Account. 178657�. Pefice Expents, Account. shall provide such notice thereof at the same time to Town agencies as prescribed by $2.000; Employee Medical Insw�Austin%.$964.80:Group lasurmosi Account,$13.90;and. regulations of We Commission. The applicant or his representative shall furnish a worn Thence ocardwellely along the northern property fine of Assessors Map 57 Plot Pearion Reserve Account.$757.97; And Medicare Acouguld. $109.90; or take W other action affidavit as to Audi notification. 44A a distnm of 609 feet,Down or less to its Intersection with the eastern miguns them sideline of Hosuppole Road; Submitted by Chief of PDHM Section 4.37 Permits,Determinations.and Conditions Thence vast northwesterly in a straight line to the Intersection of the northern Property fine of Assessors Map 57,Plot 42 and the shore line of Ashumet Pond: If the Commission after a public hearing determines that the activities which we the Axtbile 13: subject of the application are likely to have significant or cumulative effect upon the I Theduce westerly along the slime line of Ashu met Pond in the point of beginning at wetland values protected by this bylaw.the Commission,within 21 days of the dow of the the Mashpee/Falmouth Town Line, To sm if Was Town will vote to appropriate and transfer$3.500 from the Dispatchu's Salary hearing,Stan issue or deny a permit for the activities requested, If it issues a permit.the A=mt On the Police Espeorse Account for the purposes of matiallbut a radio 8111alfive ranging in the Commission shaft impose condition,which the Commission deems necessary or desirable to and by replacing paragraphs;6,7,,B,9.10.11,12.13 and 14 of Subsection 113.4.4 5 with the courganto�o[Twn,�take antriftherasdion I&Uug narrow. protect those values.and all activities shall be done in accordance with there conditions. following: Submitted by Chief of Police The Commission is empowered to deny a permit for failure to meet the requirements Thence northerly,easterly and southerly along the shoreline of Sanwit Pond to the Article 14: of this bylaw:for failure to submit necessary information and plans requested by the rowthsomtern ownwr of the 1987 Mashpae Assessors Map 30. Plot 138: CDoxamssion:for failure to meet the design gnairicadons,performance standards.and other To a"a the Town will vow to transfer and appropriate 45,000 to the Department Of public requirements in regulations of the Owninissiow for failure to avoid or prevent unacceptable Thence northeasterly along We warthern property line of Map 30.Plot 138 to the Works Road Maintenance Account with said funds to be transferred from Me orr more significant or cum ulative effeds upon the welland Valuer protected by this bylaw:and Magpee-Barnstable Town Line, Department of Public Works accounts,Air take any Other assfiODIMIRting,thereto. where no conditions are adequate to protect those values. Unless a Certificons of Compliance is issued,a Permit shall expire three years from the Thence northwesterly along We Masbpee-Darnstable Town Lincto the intersection Submitted by Direaspar or Public Works date of issuance. Notwithstanding the above.Me Commission in its discretion may issue a of the Magpee,Barnstable and Sandwich Town Linea permit expiring five years frolu the date of issuance for recuming or continuous Therse westerly along the Maslipee-Sarcivich Town Line to We northwest bound of maintenance work.provided that Annual notification of time and location of work is given Plot 5 as Shown on the 1985 Mulips,Arm.See. Map 16, Plot 5 and the pint of Article 15: totheCDminismon. Any permit maybe renewed once fix an additional one year period,or beginning. in the Cum missions dism.Uon a longer Period of timer provided that a request for renewal To a"if Me Town ill vow to amend the Town Bry-Lans,by deleting the btat two isentences is received in writing by the Commission prim to expiration. or take any other Action thereon. of Section 1.1.4 so that said Section shall read AS follows: Articles in Warrant. The articles shall be considered in the Order in which they Appear in fire waidifirt, or take my other action relating For giant can"the Commission may revoke or modify a permit issued under this Submitted by Town Planner thereto. bylaw after public notice and purfic hearing and notice to the holder of the permit. The Per"der or Submitted by Bond of Selectmen time requirements specified in Stoaion 4.35,shall be applicable. The Commission in an appropriate use may combine the permit or other action on an application issued under this bylaw with the order of conditions issued under the Wetlands Article 16: Proledion AM, B.jean Thomas,Chairman Nice M.Lawrence To s�e if the Town will vote tu�amend Article 4.1 of the By-Laws by adding the following No work proposed in any application shall be undertaken until the permit issued by Willard L.Hanson Jeremy M Carter new senflon: the Commission with resped to such work has been recorded in the Registry of Deeds,A,d Andrew R,Gottlieb the land affected thereby be registered land.in the registry district of the land cout for the Semi=4.1.16 Prim to the i33U"W of disposal"its construction permit by the Board of distrid where in the land Res and until the holder of the permit certifies in writing to the BOARD OF SELECTMEN