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Page 14 THE MASHPEE ENTERPRISE• FRIDAY, SEPTEMBER 17, 2004 Legal Notices ■Continued B. Kennel License requirements. without relief from this provision and unless any necessary town or state curb cut permit is approved." prude 26 (1)Any owner or keeper of more than three(3)dogs,three(3)months of age or over, shall obtain a kennel license upon written application to the Town Renumber Subsections H and I to become I and J and insert the following new To see if the Town will vote to authorize the Board of Selectmen to enter into and Clerk. The residential kennel license application shall include the written Subsection H: execute a lease agreement for a period of ten years,in conjunction with the Town of approval from the Board of Health. All kennels shall comply with any Barnstable,for management and cultivation of cranberry bogs located on property applicable zoning requirements. Application for a commercial kennel shall "H.Any application for a special permit under this Section shall require the submission of known as Santult Preserve,or take any other action relating thereto. require written approval from the Board of Health and a special permit from ten(10)copies of the application,plans and documentation required under Section 174- the Zoning Board of Appeals. 24.C.3 for Special Permit applications to the Board of Appeals,plus any additional copies Submitted by Board of Selectmen required under Section 174-24.C.4. Upon submission to the Board,seven(7)copies of (2)The kennel license shall be on a form prescribed and furnished by the Town such application,plans and documentation shall be forwarded to the Building Inspector Explanation: This article will authorize the Board of Selectmen to enter into an Clerk and shall specify the name of the owner, the name of the property for review by Town departments following the Plan Review process provided under agreement for a term greater than what is allowed by State Procurement laws. This owner, the name of the kennel,the name of the keeper, the location of the Section 174-24.B.,Subsectidns(1)through(4). The recommendations developed under lease will allow for management of the cranberry bogs located on the Santuit Preserve kennel, proof of current rabies inoculation from a licensed veterinarian, and said process shall be forwarded to the Board of Appeals for review prior to the Board's property. any special conditions which may be imposed by the Zoning Board of Appeals decision on the application." and the Board of Health. or take any other action relating thereto. Article 27 (3)The license shall be renewed annually.The required fee shall be paid to the Submitted b Planning Board and Zoning To see if the Town will vote to adopt Section 298 of Chapter 149 of the Acts of 2004, Town Clerk at the time application is made for renewal of the license. If the Y 9 9 Board of Appeals which allows the town to replace the Cape Cod Open Space Land Acquisition Program owner or keeper fails to renew the license prior to the expiration date of the Explanation: This article would modify the accessory apartment zoning bylaw adopted with the Community Preservation Act and dedicate the three per cent property tax current license, fie/she shall be deemed to have forfeited the license and at the October 2003 Town Meeting by deleting the requirement for review by the Design surcharge currently being assessed through fiscal year 2020,along with state matching he/she shall apply for a new license according to license requirements. Review Committee and substituting staff-level reviews by Town departments specified funds that will be available to the town under the Community Preservation Act,to a under the Plan Review zoning by-law. It would also provide the Board of Appeals some special"Community Preservation Fund"that may be appropriated and spent for certain (4)All dogs kept in kennels shall have a valid,current license according to Article flexibility in allowing a second driveway or curb cut to provide parking for an accessory open space,.historic resources and affordable housing purposes,effective for the fiscal II, §79-6.. apartment. year beginning on July 1,2005,or take any other action relating thereto. (5)The Town Clerk shall issue, witl»ut charge, upon application and written Article 36 Submitted by the Board of Selectmen approval from the Board of Appeals and Board of Health, a kennel license to any domestic charitable corporation incorporated in the Commonwealth of To see if the Town will vote to amend the Zoning By-law by amending the zoning map Explanation: Acceptance of Section 298 of Chapter 149 of the Acts of 2004 means the Massachusetts exclusively for the purpose of protecting animals from cruelty, to include those parcels shown as Parcels C and D on a"Definitive Commercial Street Community Preservation Act shall effectively replace the Cape:Cod,Open Space Land neglect or abuse. The kennel must comply with any applicable zoning Plan of Land,Mashpee, Massachusetts"by Baxter,Nye and Holmgren;Inc.;revised date Acquisition Program. Therershall be no additional excise on real property levied other requirements. 5/23/03,which was signed by the Mashpee Planning Board on August 6,2003,along than the current 3 per cent levied for the provision of the Program. Acceptance of this C. Kennel activity. with the adjacent portion of the layout of Commercial Street,to its centerline,within section shall allow the community to access state matching funds-up to 100 percent of the C-1 Commercial zoning district and further revise the zoning map to,include all of the excise on real property currently levied,which was previcusly unavailable to the (1)All holders of kennel licenses shall maintain said kennel in a manner that parcel shown on the 2003 Mashpee Assessors'Maps as Map 81, Block 126 in the R- Town. Fund revenues may be used for open space(excluding recreational use),historic supportive of a healthy environment for the keeping of dogs.The dogs shall 3 Residential zoning district,and finally to delete any portion of these described parcels resources,and affordable housing. If passed at the October 2004 Town Meeting,a be kept wholly indoors. from the I-C Overlay zoning district,all as shown on a plan filed with the Town Clerk ballot question will need to be placed on the May 2005 Election Ballot as part of the entitled"C-1 Zoning Map Change—October 2004", acceptance procedure. §79-15. Inspection;regulation;suspension;revocation of licenses;penalties or take any other action relating thereto. Article 28 A. Inspection.The Animal Control Officer, g g the Health Agent,the Building . Submitted by Planning Board To see if the Town will vote to amend the Mashpee Code by striking the last tentence of Inspector or the Police Chief or his/her designee may at any time during normal Explanation: This article would amend the zoning to C-1 Commercial,from 1-1 Article I, 40-1 B and inserting in lace thereof the following language: business hours inspect or cause to be inspected any kennel. § ( ) 9 P 9Industrial,on the parcel that the Town has agreed to transfer to the Doreen Grace Brain Center for construction of an inn and conference center,along with an adjacent B- Suspension,regulation,revocation of license. "The Selectmen may Insert in the warrant for the Annual Town Meetings all articles and/ unbuildable parcel between it and the current C-1 zone,as well as clarifying the location or petitions signed by ten (10) or more legal voters which shall have been delivered to of the adjacent R-3 zoning district boundary. the Office of Selectmen," (1) Sanitary/humane conditions/inadequate record keeping.If,in the judgment of Animal Control Officer or the Health Agent the kennel is Article 37 or take any other action relating thereto. found not to be maintained in a sanitary and humane manner,or if Submitted by the Board of Selectmen records are not properly kept as required by the law,or where a violation To see if the Town will vote to amend Section 174-3 of the Zoning By-law by revising of.a special permit exists,the Chief of Police or his/her designee,at a the definition of"Half-story"to read as follows: Explanation: This change will require all petition articles to be submitted directly to public hearing shall by order revoke or suspend said kennel license.In the Office of Selectmen in order to streamline the Town Meeting Warrant process. the case of suspension of said license,the Chief of Police or his/her "HALF STORY—A story next beneath a sloping roof with a minimum pitch of 4 designee may reinstate such kennel license by imposing conditions and in 12,whose area having a height greater than four(4)feet vertically, measured Article 29 regulations upon the operation of said kennel, between the top of the floor and the intersection of the bottoms of the rafters with the interior faces of the wall,does not exceed two-thirds of the floor area of To see if the Town will vote to amend Mashpee Code,Section 27-3 by increasing the fee (2) Public nuisance. Upon petition of ten(10)residents in the neighborhood the story immediately below it. Any exterior wall of said half-story'shall be for Underground Storage from$2.50 to$25.00,or take any other action relating of the kennel,filed with the Chief of Police or his/her designee,setting stepped back a minimum of two(2)feet from the wail plane of the story thereto. forth that they are aggrieved or annoyed to an unreasonable extent by immediately below it and the total horizontal dimension of said exterior walls one(1)or more dogs at a kennel located in the town because of shall not exceed two-thirds that of the story immediately below it" excessive barking or vicious disposition of such d or dos or other " Submitted by the Town Clerk. 9 P qg. 9 conditions connected with the kennel that constitute a public nuisance, or take any other action relating thereto.- Explanation: Massachusetts General Laws,Chapter 148,Section 13, authorizes the the Chief of Police shall,within ten(10)days of the filing of such petition, town to set the fees for underground storage of fuel. Currently,the fees as outlined in give notice to all parties concerned of a public hearing to be held within Submitted by Planning Board section 27-3 only allows the Town Clerk to charge$2.50 for an underground storage ten(10)days after the date of such notice. Within seven(7)days after permit. the public hearing,the Chief of Police or his/her designee shall make an Explanation: This article is intended to clarify the meaning of"half-story". order either revoking or suspending such kennel license or otherwise Article 30 regulating the operation of said kennel,or shall dismiss such petition. Article 38 To see If the Town will vote to amend Mashpee Code,Chapter 120,Section 4.5.1,to (3) Within ten(10).days after re ivin such determrnption and order of the To see if the Town will vote to amend the Zoning By-law as follows. read Chapter 120,Section,12Q-3,ox,tak ..a the n thereto g, such r, a :,; ,,, _.. ,.:Sf)X.4,._ 14? F?141J.93... , -.� o., .. hearin officer the holder of eke h'W titcerise rna bnrti a etrtlon m The �- t,rr, : t„ ; -q District Court praying that such order be reviewed by the District Court. In Se i tsm ilttitst - -qubmitted by,the down Clerk and S.a .•u...A,�' rte;,:la a -'l_ :,. ., -- .. .�;. .' .�' .,`:: 1.� r ,.., .. .!; i`..: ,•, n. , ¢t'atu b74��uarld(�4he�oNo '�e� proper,alphabetical•order, .. (4) The Animal Control Officer mayo periodically inspect the premises where "AISLE,HANDICAPPED ACCESS—An accessible pedestrian space between Explanation: The original bylaw amendment article was submitted by petition back at the kennel license has been revoked and shall institute court proceedings handicapped parking spaces." the October Annual Town Meeting with the incorrect bylaw number. This article is if he/she finds that the kennel continues to be maintained on the simply correcting the bylaw number. premises. Add the following new sentence to subsection 174-35:"Handicapped parking shall also be required in conformance with all applicable Town,state and federal laws." Article 31 C. Penalties. Whosoever violates any provision'or portion thereof of this by-law shall be fined: Add the following new sentence at the beginning of Subsection 174-38 `Except for To see if the Town will vote to accept Massachusetts General Law 60A, §1, or take any handicapped parking spaces and handicapped access aisles designed and maintained in. other action relating thereto. (1) Twenty-five dollars($25)for the first offense. accordance with applicable Town,state and federal laws,the following parking space "l requirements shall appy. Submitted by the Town Clerk (2) Fifty dollars($50)for the second offense. width req . (3) Seventy-five dollars($75)for the third offense. In Subsection 174-40,delete the terms"C-1-SV"and C-1-O',',in the first sentence and be assessed on aper-dog-found-on-the-premises basis of said viola Explanation: In 1991 the Town of Mashpee voted to accept MGL, Chapter 60; §2, (4) One hundred dollars($100)for each subsequent offense,such violator. to. Eacch add the term"C-3"after"C-2'; which allowed the Town the ability to grant tax exemptions for vehicles owned and registered to former prisoners of war. Chapter 60A, 1, allows the Town to offer this day on which any violation exists shall be deemed to be a separate p p § offense. Add the following phrase to the end of the second sentence in Subsection 174-43: same exemption to the surviving spouses. "unless it can be demonstrated to the satisfaction of the permitting authority by means Article 32 §79-16.Enforcement. of data and studies from similar projects,that shared parking,staggered hours of operation or peak parking use and multi-purpose trips justify a reduced number of required spaces.,' To see if the Town will vote to amend the Zoning By-law as follows: Enforcing persons for this Article are the Animal Control Officer, Health Agent or the Chief of Police or his/her designee, in the first sentences of Subsections 174-48.A and B delete the phrase"C-1-SV add the following new definitions to Section 174-3.A.,in their proper alphabetic order,to Incentive and C-1-0 Incentive"and add the phrase"and C-3"in its place. read as follows: or take any other action relating thereto. "COMMERCIAL KENNEL—A kennel maintained as a business that advertises the Submitted by the Animal Control Officer or take any other action relating thereto. breeding,training, boarding or grooming of dogs or which sells dogs born and Explanation:Town meeting approval of this article will introduce a new level of animal Submitted by Planning Board raised on the premises from more than one(1)litter per year." control across the town. Currently the town has no official guidelines relative to the keeping and housing of multiple dogs. Acceptance of this by-law will provide dog Explanation: Handicapped parking facilities are required and regulated by Section "RESIDENTIAL KENNEL—A kennel within a residential zone with more than owners,non-dog owners and town officials with a written set of rules and regulations 100-1 of the Town's general by-laws, as well as the federal Americans with Disabilities three(3)dogs over three(3)months of age,associated with a detached dwelling designed to protect the publics'health and safety. Act and the state's Architectural Access Board/building code. This amendment would and not maintained as a business or a commercial kennel." recognize those other standards in the Zoning By-law's parking regulations. The article Article 34 also clarifies that reduced parking spaces can be permitted, under certain conditions, and add a new Subsection 174-25,A.(16)to read as follows: within projects to which the "commercial center" parking requirements apply, as they To see if the Town will vote to amend Chapter 79,Article II, §79-8, of the Mashpee currently do for other commercial projects. Finally,the article deletes certain references "(16)Residential kennel,provided that the dogs must be kept wholly indoors." Code,Licensing of dogs; Other Animal Regulations to read as follows: to the no-longer-existing C-1-SV and C-1-0 zoning districts in the parking and Design with the letters"PR"added under all zoning district columns of the Table indicati7ig that Review Committee sections of the by-law while inserting the C-3 zoning district created at the October 2002 Town Meeting. such use is allowed,subject to the Plan Review process described in Subsection 174- Submitted b 24-B.,in any zoning district, y the Animal Control Officer Article 39 and add the word"commercial"before the word"kennel"in Subsection 174-25.E. (7), §79-8 Fees. To see if the Town will vote to amend Town Bylaw Chapter 100 by adding the following or take any other action relating thereto. A. There shall be six(6)types of fees to be charged, new Paragraphs C and D to Section 100-1: licenses li d female cen (1) Neutered male and spayed "C.In addition to the requirements set forth in this bylaw,all handicapped parking Submitted by the Animal Control Officer spaces shall be designed and maintained in accordance with the requirements of (3) Male and female licenses the United States Americans with Disabilities Act("ADA")and the Massachusetts Explanation: This article would provide for separate zoning regulations of commercial (3) Transfer licenses(regardless of sex of the dog) Architectural Access Board("AAB'). To the extent that the requirements of this vs.residential kennels. (4) Substitute tags (5) Residential Kennel licenses bylaw,the ADA and/or the AAB conflict,the most stringent standards shall apply. Article 33 (6) Commercial Kennel licenses D.'The provisions of Section 100-1 shall be enforced by the Building Inspector.", To see if the Town will vote to amend the Mashpee Code,Chapter 79,Article II, B. The amount of the fee shall be determined by the Board of Selectmen Licensing o$Dogs;Other Animal Regulations,by adding the following sections: or take any other action relating thereto. C. The following licenses are exempt from fees: §79-14 Kennel license. Submitted by the Board of Selectmen A. Definitions. For therposes of this section p u ,the following terms shall have the (1) Dog specifically trained to lead or serve the blind. Explanation: The Town's existing Handicapped Parking bylaw contains standards meanings indicated: (2) Dog specifically trained to se which conflict with more recently adopted standards of the federal Americans with rve a deaf person. Disabilities Act and those of the state's Architectural Access Board,which apply under D. Once a do license the state building code. This amendment would recognize those other standards and D COMMERCIAL KENNEL-A kennel maintained as a business that advertises g ense fee has been paid to the Town, no part of the fee will be that the most stringent standards apply. It also clarifies that the Building Inspector is the breeding,rearing,training,boarding or grooming of dogs or which sells Refunded, dogs born and raised on the premises from more than one(1)litter per charged with enforcing handicapped parking space design,construction and signage year. or take any other action relating thereto, violations by mtlotorists e the lice Department is charged with enforcing handicapped parking KEEPER-The owner or person hired by the owner to provide for the care Article 40 of the dogs sheltered within the licensed kennel. Explanation: Town meeting approval of To see if the Town will vote to amend the Zoning By-law by amending the Section 174- RESIDENTIAL KENNEL-A kennel within a residential zone with more than fees required under the previous article thts article will add the new kennel license 31"Town of Mashpee—Land Space Requirements Table"by adding a reference to three(3)dogs over three(3)months of age,associated with a detached contained in the Town's General Code, to the current list of license fees already footnotes ll the heading of the"Maximum Building Height`'column,with said footnote dwelling and not maintained as a business or a commercial kennel, to read as follows" Article 35 OWNER-The person in whose name the kennel license is issued. "21 Except that hotels and motels(and not other uses)approved by the Planning Board under the provisions of Section 174-45 may be increased to 3 stories and 45 feet, if To see if the Town will vote to amend Section 174-45.4 of the Zoning By-law as follows:approved by the Board,provided that there is adequate access for Fire Department VETERINARY HOSPITAL-Shall not be considered a kennel unless it vehicles and equipment and that all Fire Protection Construction Documents required by contains an area for the grooming or selling of dogs or for the boarding of Delete the first sentence of Subsection E.Exterior Design. 780 CMR Subsection 903.1.1 of the Massachusetts State Building Code,have been dogs for other than medical or surgical purposes,in which case it shall " submitted tthe Planning Board FireD o e annng oarand Department part of the special permit as Amend Subsection G.to read as fellows: No new driveway or curb cut shall be created _ apply in writing to the Town Clerk upon certification of compliance with any to service the accessory apartment,unless the Board determines that,due to severe zoning requirements. topographic or other constraints on the to Continued on Next Page t,the required parking cannot be provided r