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THE MASHPEE ENTERPRISE•FRIDAY, SEPTEMBER 17, 2004 Page 15
<br /> Legal Notices
<br /> discuss projects,in which case it shall follow the requirements of the Boards'/Committees/Commissions'approval and shall remain on the website fora period
<br /> ■Continued "Open Meeting Law",or it may establish procedures under which,for of not less than six months
<br /> application and.the Board is satisfied that the standards of said Subsection will be met.", certain types of uses,the members may file individual recommendations
<br /> with the Building Inspector,who shall compile Submitted by Petition
<br /> regarding a project p p'le the
<br /> or take any other action relating thereto. Committee's decision or recommendation letter,provide it to the
<br /> Submitted by Planning Board applicant and,if appropriate,to the special permit granting authority,and Explanation: As the purpose of the original bylaw was to ensure open access to public
<br /> record it with the Town Clerk.", records and meetings;to provide for adequate disclosure of matters concerning the
<br /> public interest and the accountability of Town Boards,Committees and Commissions;
<br /> Explanation: This article would allow the Planning Board to authorize an increase in
<br /> height for a hotel or motel as part of the special permit required for such projects. and to provide for strengthened local control and enforcement of the Commonwealth's
<br /> thereto. Open Meeting law;as this bylaw provided for accomplishing the above through written
<br /> Adequate access for fire equipment would be required,and all fire protection documents or take any other action relating reports/agendas and through audio sound records;as this bylaw was passed on May 3,
<br /> required for such projects by the state building code would have to be provided as part Submitted by Planning Board 2003 by the Town Meeting;as the Town and residents are increasingly using the Town
<br /> of the special permit application materials. Website for dissemination of information and for communication,the proposed
<br /> Explanation: The Zoning By-law currently provides that certain uses shall require amendment to General Bylaw 38-3-1 adds the town website as a required location for
<br /> Article 41 "Plan Review"approval via individual departmental reviews filed with the Building posting Town Regulatory Board,Committee and Commission agendas and minutes.
<br /> 9 of the Zoning By-law by Inspector. The process has not been consistently followed. In addition,for a number of And you are hereby directed to serve this Warrant by posting up attested copies thereot,
<br /> To see if the Town will vote to amend the Subsection 174-3
<br /> one at the Town Hall,one at the Post Office,and one each on the bulletin boards,thirty
<br /> replacing the current requirement for number of parking spaces shown in the table in years the Town has hada"Technical Review Team",consisting of virtually the same days s at least before said meeting.
<br /> said Subsection for motels,hotels and inns with the following two categories: departments involved in the Plan Review process,which has met informally with
<br /> developers prior to their filing formal applications for new projects in order to advise Hereof fail not and make return of this Warrant with your doings thereon to the Town
<br /> "Motels,hotels and inns without restaurant,lounge or meeting/function facilities—1 1/2 them as to what regulatory requirements will apply to their project. This article would Clerk at the time and place of said meeting.
<br /> for each rental unit merge the two procedures into a formal `Plan Review Committee"and also provide that
<br /> the Committee would review and make recommendations to the Planning Board or ZBA Given under our hands this 13th day of September in the year of two thousand and four.
<br /> Motels,hotels and inns with restaurant, lounge or meeting/function facilities in the on special permit applica.Vgs.
<br /> same building—2'/2 for each rental unit", Article 43 Per order of
<br /> Board of Selectmen
<br /> or take any other action relating thereto. To see if the Town will vote to amend Section 174-31 of the Zoning By-law,the Land
<br /> Submitted by Planning Board Space Requirements Table,by adding Preference to footnote 21 at the head of the John J.Cahalane
<br /> "Rear"and"Side"Setback columns and by adding the following new footnote 21: George F.Green,Jr.
<br /> Wayne E.Taylor '
<br /> Explanation: The current requirement for parking for hotels motels and inns greatly, -21 Minimum required setback from rear or side property lines shall be five(5)feet for Kenneth E.Marsters
<br /> exceeds actual parking needs for such facilities as indicated by the Institute of Don D. Myers
<br /> Transportation Engineers"Parking Generation"guide(2nd Edition). This article would sheds or similar non-habitable structures not exceeding 120 square feet in floor area or
<br /> reduce parking requirements to levels similar to the maximum parking occupancy for 12 feet in height.
<br /> such uses shown In that publication. or take any other action relating thereto.
<br /> Article 42
<br /> Submitted by Planning Boa
<br /> To see if the Town will vote to amend the Zoning By-law as follows. Explanation: Sheds must currently meet the same 15 or 25 foot setback from
<br /> after the word"
<br /> difficult on
<br /> In Subsection 174-24.A.(2)add the phrase"or change of use use"and smlines
<br /> all lotpertyto locate small residenceses to large
<br /> all shleds either be ause thesetb ck r requirement would place th
<br /> amend the phrase"as a right"to read"as of right". shed in the middle of a yard,or over the septic system,or require a variance from the
<br /> In Subsection 174-24.A.(4)add the phrase"or change of use"after the word"use"in Zoning Board of Appeals. The proposed amendment allowing a 5 foot setback for such
<br /> the two instances where it appears in the first sentence.
<br /> small structures is intended to resolve those problems.
<br /> In Subsection 174-24.B.(1)replace the second and third sentences with the following:
<br /> Article 44
<br /> "A minimum of eight(8)copies of such plans and documentation shall be submittedTo see if the Town will vote to amend the Town By-law by adding the following n
<br /> , e
<br /> Chapter 51:
<br /> along with any fees that may be established by the Board of Selectmen for such plan
<br /> review. Upon submission of an application he determines to be complete,the Building ..Chapter 51
<br /> Inspector shall file.a notice bf the date of said complete filing with the Town Clerk..
<br /> Unless the proposal is the subject of a special permit application for which a public ALL TERRAIN VEHICLE USE
<br /> hearing has been advertised,the applicant shall also transmit, by registered or certified
<br /> mail,a notice of said application to any direct abutters(as they appear on the most §51-1. Definitions.
<br /> recent applicable tax assessment list)and to the owners of any residence or non-
<br /> residential structure any portion of which lies within three hundred(300)feet of that The following words shall have the indicated meanings for the purposes of this Chapte
<br /> portion of the structure or site which is the subject of the plan review and,shall provide
<br /> receipts for said mailings to the Building Inspector." All Terrain Vehicle. Any motor vehicle_designed or modified for use over
<br /> unimproved terrain if used for recreation or pleasure off a public way,as defined in
<br /> Replace Subsection 174-24.6.(2)with the following:
<br /> Mass.G.L.c.90,specifically Including,but not limited to,"four wheelers","three
<br /> "The Building Inspector shall forthwith transmit copies of such application,plans and wheelers",and"dirt bikes". Vehicles,including,but not limited to,automobiles,trucks
<br /> documentation to the members of the Plan Review Committee established under Sectior,and buses,which are legally registered,licensed and insured motor vehicles for the
<br /> purpose of driving on public ways,including limited access highways,shall NOT be
<br /> 174-48.1." considered an All Terrain Vehicle for the purposes of this Bylaw.
<br /> Replace Subsection 174-24.B.(3)with the following: Operator. The person riding in or on and in control of the operation of the All Terrai
<br /> "The Plan Review Committee shall review said plans with regard to those items related Vehicle,or the person possessing title to the All Terrain Vehicle and entitled to the use
<br /> to the fields of expertise of its members and to determine whether they are consistent or possession thereof. Any.person observed by a law enforcement authority to be in
<br /> control of or exercising possession over an All Terrain Vehicle shall be considered to be
<br /> with applicable state and town regulations,bylaws and plans and will not adversely
<br /> the Operator the vehicle for the purposes this Bylaw. Persons not have to be
<br /> affect public health or safety,will not significantly decrease surface or groundwater
<br /> quality or air quality, will not have a significant adverse impact on wildlife habitat, observed.actually driVln4 or operating the vehicle to be considered thhee Operator
<br /> estuarines steltts;ti'afflcffnw,Yr�iffirnSet��Wa7�nvey�pfieharies{c�ultilfe9arwlsic nA �,
<br /> C` y i •Y .77.n.. )14i.,in orifi i I�--i�.ni 9!1
<br /> neighboring properties and will not destroy or disrupt any species listed as rare, Property Owner. The person or persons whose name appears on the current Deed o
<br /> endangered or threatened by the Ma§$Wthusetts Natural HeritageProgram or any known Record as the owner of real property,or such agent or lessee of the Property Owner
<br /> historic or archaeologic site. A determination shall be made by the Committee that the who has been authorized by the Owner to exercise care,custody and control of the
<br /> application may be approved,that the application may be approved subject to certain subject real property.
<br /> specified conditions or changes,that the application shall be denied for certain specified
<br /> reasons or that additional specific information is required. Unless an extended review Public Road. Any road or portion thereof which is owned by,or under the care,
<br /> period is agreed to in writing by the applicant,failure to make said determination within custody and control of the United States of America,the Commonwealth of
<br /> 21 days shall be considered an approval with no conditions or changes. Any decision of Massachusetts, Barnstable County,the Town of Mashpee or any subdivision,department
<br /> the Committee shall be filed thereafter with the Building Inspector and recorded with or agency thereof.
<br /> the Town Clerk. In those cases where the Committee is acting in an advisory capacity
<br /> to the Planning Board or Zoning Board of Appeals regarding a Special Permit application, Private Road. Any road which is owned by,or under the care,custody and control of
<br /> the Committee shall forward its determination forthwith to said Board. The an entity or entities other than the United States of America,the Commonwealth of
<br /> determination of the Committee will not substitute for,or otherwise eliminate the neec' Massachusetts, Barnstable County,the Town of Mashpee or any subdivision,department
<br /> for,any permits required under other provisions of this chapter or required from the or agency thereof.
<br /> departments or Boards represented by the members of the Committee."
<br /> §51-2. Land Owner Permission Required.
<br /> Replace the second,third and fourth sentences of Subsection 174-24.8.(4)with the
<br /> following: The operator of an All Terrain Vehicle on any real property within the geographical
<br /> boundaries of the Town of Mashpee shall be in violation of this Bylaw UNLESS one Of
<br /> "The applicant shall submit such information to the Building Inspector,who shall the following circumstances apply:
<br /> transmit it to the Committee. The Committee shall review said information and again
<br /> make its determination within twenty one(21)days of the submission of all of the A. The Operator is the Property Owner or a duly authorized Lessee,or immediate
<br /> required information or be deemed to have recommended approval of the application family member of the Property Owner or Lessee of the subject property;
<br /> with no further conditions or changes. The applicant is encouraged to confer directly
<br /> with any of the Committee members requiring additional information to ensure the B. The Operator has in his possession while operating the All Terrain Vehicle,a written
<br /> sufficiency of any response-thereto." document,signed by the Property or Road Owner or Lessee,or their authorized
<br /> agent,specifically permitting the operation of the All Terrain Vehicle on such
<br /> Replace Subsection 174 24.6.(5)with the following: property by the Operator;or,
<br /> "Any building permit,occupancy permit or other applicable permit for the use,structure C. The All Terrain Vehicle is on public or private property
<br /> or site which is the subject of the plan review application may be approved by the which has been posted by the Owner or Lessee thereof with signage
<br /> specifically Road
<br /> other Building Inspector
<br /> licable codes and regulations and if it is consistent h this Zoning f the Committee lrecom recow,the mmendsapproval of e and stating that All Terrain Vehicle operation is permitted on said properly oeaofiaadlly
<br /> PP 9
<br /> the plan review application without conditions or changes or approves by default. §51-3. Enforcement
<br /> Where conditions,changes or denial are recommended,the applicant shall be provided
<br /> an
<br /> ty to amend the
<br /> cation to comply. When any application is
<br /> t shall again be transmitted for rreview by the Committee following the procedures of ot eP authorizedhrovisions flawrsenfor enforbe cement officeorced by the Mashpee Police Department or any
<br /> r.
<br /> Subsection B(3)above,and no application may be approved and no permits may be
<br /> issued until the Committee recommends approval of the amended application." §51-4. Violations and Penalties.
<br /> Replace Subsection 174-24.C.(4)with the following: A. Any person violating any of the foregoing provisions of this Chapter shall be
<br /> For applications to the Board of Appeals,at least eleven(11)copies of all application punished by fines for each offense asspecified below. The provisions of MGL C.
<br /> materials shall be submitted,of which one(1)shall be transmitted to the Design Review the§pers21D,on
<br /> providing for noncriminal disposition of violations,shall ri applicable and
<br /> Committee and eight(8)shall be transmitted to the members of the Plan Review the person taking cognizance of an), written
<br /> as an alternative to Criminal
<br /> Committee. Where the application involves structures proposed to be located in tidal Proceedings, may give the offenderawritten notice as provided for in said§21D.
<br /> areas or waterways, copies shall also be submitted for review by the Shellfish B. Fines for the violation of this Bylaw shall be applied as follows:
<br /> Commission, Harbormaster and Waterways Commission. The Board of Appeals shall
<br /> consider any comments of the Design Review Committee, Plan Review Committee, First Offense:
<br /> Conservation Commission,Shellfish Commission, Harbormaster and other town officials Second Offense: $100,00
<br /> and boards in making its decision, provided that such comments are received at or $250.00
<br /> before the required public hearing. Third Offense: $500.00
<br /> Fourth Offense Confiscation of the Vehicle",
<br /> In Subsection 174-24.C.(5)replace the phrase"thirteen (13)"in the first sentence with §51-5. Scope of Bylaw. This Bylaw is intended to be construed and implemented in
<br /> the phrase"fourteen(14)",delete from the second sentence the phrases"Board of accordance with and consistent with provisions of applicable Massachusetts General
<br /> Health,"and"Conservation Commission,Town Planner,Superintendent of Streets, Laws, and the Regulations promulgated thereunder,relating to the operation of All
<br /> Building Inspector,Fire Chief,Police Chief,"and insert in the second sentence after the Terrain Vehicles, including,but not limited to,the provisions of G.L.c.906
<br /> phrase"Design Review Committee"the phrase"and each of the members of the Plan 323 C.M.R 3.01,et seq.,as amended.,
<br /> Review Committee". ,§§20-35 and
<br /> And add the following new Section 174-48,1: or take any other action relating thereto.
<br /> "§174.48.1. Plan Review Committee Submitted by Board of Selectmen
<br /> has A. A Plan Review Committee shall be established to perform the functions E eplaaion:all-terrain he Tor n vehicles on Cons d a
<br /> b
<br /> P significant and growing problem illegal
<br /> described in Subsection 174-24,to otherwise advise the Building properties. This article is intended to prOcleforlclear aand nd enforceable public and private
<br /> Inspector,Board of Selectmen, Planning Board and Board of Zoning terrain vehicle use in the Town.
<br /> Appeals on matters related to the areas of expertise of its members,and rceable regulation of all-
<br /> to provide informal advice and review to prospective applicants for
<br /> permits under this chapter.
<br /> Article 45 To Subscribe Call
<br /> B. Membership of the Plan Review Committee shall consist of the Building
<br /> Inspector, Hbalth Agent,Town Planner,Conservation Agent, Fire Chief To see if the Town will vote to amend the
<br /> Police Chief, Director of Public Works and Town Manager or their Pertaining to Public Records and Open Meetings,
<br /> Bylaw of the Mashpee General Code dAdA Q
<br /> designees. The Committee may organize itself in any way it deems follows: e)Regulatory Boards,Commissions 9s,38-3-1 to add subsection e)to read as 1-800-286-. 7"12 or 508-548-4700
<br /> appropriate and establish rules and procedures it deems necessary for to their sche uled meeting an agenda for ns'and Committees shall post 24 hours prior
<br /> the performance of its functions. The Committee may meet as a group to business days following each meetingthe that meeting to the town website. Within 10 Ask For Circulation
<br /> Town's website in draft format. Finav minutes of the meeting shall be posted to the
<br /> ersions shall be posted to the website after the
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