2004-TOWN MEETING RECORDS - Laserfiche WebLink

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'J ,I However, that by-law was written primarily with residential condominium projects in mind and its .provisions are rather complicated and unclear about how a mixed-use project would be permitted. This amendment would simplify that process by allowing the same transfer of ' residential development rights into non-residential zoning districts provided under the OSID by- law, along with allowing the transferred residential units (and not any other uses) to be located in it a third story, but provide that the project would be by special permit from the Planning Board under the existing "commercial center"zoning provisions. The article also makes several minor t� "clean up" amendments to the commercial center by-law, removing references to the no-longer- t. existing C-1-SV and C-1-O zoning districts and a sentence regarding on-street parking which conflicts with the parking by-law amendments made at the October 2004 Town Meeting. Motion made to dispense with reading of article. Motion to dispense with reading of article passes at 9:44 p.m. ; Motion made by George Green. Motion: I move Article 12 be voted as printed in the warrant, with the exception of the phrase, or take any other action relating thereto". ! Planning Board voted at a Public Hearing held on April 7, 2004 5-0 for approval. ° r Motion passes by a 2/3rds vote at 9:55 p.m. Article 13 To see if the Town will vote to amend the Town Zoning By-Laws by both adding a new §174- 13.1. 74-13.1. Removal of obstructions within streets and public or private rights of way"; plus modifying the definition of STREETS by adding a sentence. The Definition of STREET in the following By-Laws of the Town of Mashpee is hereby amended by adding a sentence, printed in italics, so the STREET definition will read as follows: STREET—A public way laid out by the town under MGL C. 82, Section 21, or other authority or laid out by the state or county, which is open to travel by the general public and is on record at the Registry of Deeds, or a public or private way duly approved by the Planning Board under the Subdivision Control Stature, or a way on record at the Registry of Deeds which is approved by the Planning Board as a principal means of adequate access to abutting property. In addition, every public or private way shown on a Plan or Subdivision recorded prior to October 1, 2003, even if not approved by the Planning Board, is declared ad legally laid out and is a street; and if the recorded way extends to a shoreline, then access to the water is included within that public or private right of way. The proposed new By-Law is as follows: §174-13.1 Obstructions within streets and public or private rights of way and a procedure providing for their removal 19