|
r
<br /> MASHPEE PLANNING Bd-
<br /> x*
<br /> PUB LIC NOTICE �+
<br /> Chapter 40A,the Mashpee Planning n �'
<br /> Pursuant to Massachusetts General Laws,Chap j
<br /> Board will hold a publichearing on Wednesday,April 1,1998 at 7:00-p.m.,attfhe ,
<br /> Mashpee Town.Hall;16 Great Neck Road North,to review four zoning amend-
<br /> mentarticles'for action at the M. ay 4,1998 Annual Town Meeting.Summaries:of
<br /> the articles areas follows:
<br /> to the"Tae of Use Re'
<br /> This article would add a new Subsection 1741ot on8lots separate from thosegon
<br /> lations"which would,provide that parking
<br /> be allowed,by special
<br /> which;there-is a principal use requiring parking
<br /> Board,in commercial and industrial zones but are not
<br /> permit from the Planning Y,
<br /> allowed in residential zones. .,
<br /> This article would add a new subsection 174-25.B(15)to the`"Table of Use Regu- w
<br /> lations"`which would allow the development offor -profit golf driving ranges by
<br /> of
<br /> special permit in the industrial zoning district located in the northwestern part are re .�
<br /> the town off.Route 130,in addition to the commercial districts in which they
<br /> currently permitted. "
<br /> In order to allow time for the Town,to develop reasonable zoning regulations for Vi i
<br /> new wireless communications facilities,this article would create a new Section _v �y
<br /> 174-25.1 "Wire i
<br /> less Communications Facilities Moratorium", to be effective
<br /> through the'conclusion of the October 1998 Annual Town Meeting,which would
<br /> prohibit the placement,construction or modification Of,or the issuance of a per q
<br /> mit for,commercial wireless communications facilities or personal wireless ser- :Y 44,
<br /> vice facilities,as defined by 47 U:S.C. Section 332(c) ), includin8,but noti
<br /> limitec�to towers and antennae,but excluding plaction or molt-
<br /> ement,construc
<br /> fication of facilities by a federally licenseclamateur rffditl teratorprofected un
<br /> der M.G.L.Chapter 40A,Section 3.The proposed by-law does not apply to the t ',
<br /> placement,construction or modification of such wireless communications facili- r
<br /> ties,the antenna of which are proposed to be located upon an existing structure.
<br /> This article would adopt regulations,regarding Adult Entertainment Uses,as pro
<br /> Chapter 9A.It would amend Section
<br /> viddof for by Massachusetts General Laws,
<br /> 474-3 by.inserting the definitions for"Adult Entertainment Uses",,including
<br /> "AdultBookstore","Adult Motion Picture Theater","Adult Paraphernalia Store%
<br /> "Adult Vide o'Store"and"Establishment Which Displays Live Nudity for,its az
<br /> Patrons"which are contained in M.G.L,Chapter 40A,Section 9A.It would amend -
<br /> Section 174-25"Table of Use Regulations"by adding a new subsection 11)"Adult -„
<br /> entertainment uses"to subsection E) "Principal retail business and consumer .r
<br /> service establishments",and specifying,that such uses shall be allowed only by -' n
<br /> ial;permit in C-1,C-1-0,C-1-SV,and C-2 zones and shall be set back 500
<br /> Zfeet from the boundary of any residential zoning district,1,000 feet from any
<br /> school buildings,and 1,500 feet away from any other existing adult entertain- `
<br /> ment use as defined by this zoning by-law with those distances measured by a
<br /> straight line from the nearest property line of the premises of the proposed adult i
<br /> entertainment use to be located to the nearest boundary line of a residential zon-
<br /> ing district,or the building line of any school,or the property line of an existing
<br /> adult entertainment use.The artiple would also create a new Section 174-45.2
<br /> "Adult,entertainment uses"establishing rules and application requirements for
<br /> `r
<br /> the required special permit which,in addition to standard special permit applica-
<br /> tion requirements,require that the application provide the name and address of
<br /> the legal owner of the establishment, the legal owner of the property, and the
<br /> manager of the proposed establishment.The proposed Section 174-45.2 also re-
<br /> quires that:
<br /> •No-Special Permit shall be issued to any applicant,if any applicant,principal(s),
<br /> manager(s)have been convicted of violating the provisions of Massachusetts
<br /> General Laws,Chapter 119,Section 63,or Chapter 272,Sections l through 35A, k
<br /> or equivalent statues in other jurisdictions.Applications shall include authoriza-
<br /> tion for the Planning Board to confirm criminal record information through the
<br /> appropriate authorities.
<br /> •In addition to the Dimensional Requirements specified in s174-25(11),a twenty
<br /> (20)foot vegetative buffer containing adequate screening given the character
<br /> of the neighborhood and the intensity of the use shall be provided between
<br /> adult entertainment uses and abutting commercial uses,if any.
<br /> •All building openings,entries and windows shall he screened in such a manner
<br /> as td prevent visual access to the interior of the establishment by the public
<br /> •No adult sue shall be allowed to display for advertisement or other purposes
<br /> any signs,placards or othetlike materials to the general public on the exterior
<br /> of the building or on the interior where the same may be seen through glass or
<br /> Other like transparent material any sexually explicit figures or words as
<br /> defined by M.G.L.Chapter 6272,s31.
<br /> •No adult entertainment shall have any flashing lights visible from outside
<br /> the establishment
<br /> •No adult entertainment use shall have a freestanding accessory sign,
<br /> •No adult use shall be allowed to disseminate or offer to disseminate adult a
<br /> matter or paraphernalia to minors or suffer minors to view displays or linger
<br /> on-the premises.
<br /> •A Special Permit issued under this section shall lapse upon any transfer of
<br /> ownership or legal interest or change in contractual interest in the subject
<br /> premises or property:The Special Permit may be renewed thereafter only in
<br /> accordance with Section 174-24 C and the procedures outlined above.
<br /> •Special Permits issued hereunder shall lapse unless substantial use thereof is
<br /> made within six(6)months of being granted,exclusive of the time,if any,con "
<br /> sinned during any appeals pursuant to M.G.L.Chapter 40A,Section 17,except
<br /> for good cause shown.Any application for an extension of this period shall be
<br /> filed prior to the lapse of the Special Permit.
<br /> •A violation of any one of these requirements may result in the revocation of
<br /> the establishment's Special Permit.
<br /> The full.text of these articles may be reviewed in the office of the Town Clerk or
<br /> Town Planner at Mashpee Town Hall.,
<br /> Submitted by
<br /> Patrick J.Coffey,Chairman
<br /> Mashpee Planning Board
<br /> Publication dates:Tuesday,March 17,1998
<br /> Tuesday,March 24,1998
<br />
|