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THE MASHPEE ENTERPRISE • FRIDAY, APRIL 2, 2004 Page 15
<br /> Le.gal Notices
<br /> ■Continued passenger van to replace the existing senior van. Leases in excess of three years must be Zoning By-Laws; (1)To modify the definition of STREET to include all recorded public or
<br /> approved by Town Meprivate rights of way,The Town will be responsible for operating expenses,insurance ri
<br /> Article 3 p g y,(private ways exist in many Mashpee subdivisions)including those which
<br /> and maintenance, may provide access to the water.(2)To create a new By-Law which provides a procedure to
<br /> To see if the Town will vote to hear the report and adopt the Capital Improvement Program as implement removal of obstructions.
<br /> presented by the Capital Improvement Committee and to.see if the Town will vote to raise and Article 11
<br /> appropriate,borrow or transfer from available funds$351,691,to various department Capital • The purpose of this proposed Zoning By-Law is to provide property owners,associations of
<br /> Accounts(See Capital Requests),or take any other action relating thereto. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift,or purchase, property owners and individual residents an effective remedy to maintain their lawful travel over
<br /> or otherwise easements over land located on the westerly side of Great Neck Road South from rights of way by requesting the Town to remove obstructions,including fences,bulkheads at
<br /> Submitted by the Board of Selectmen Donna's Lane to the Children's Museum,as shown on a plan entitled"Great Neck Road shoreline,structures or impediments which are located in a street or public or private right of
<br /> Sidewalk"dated December 2003,by BNH which is on file in the Office of the Town Clerk,for way legally laid out. The Town may charge a maximum fee of$75;however it is,believed that
<br /> the purpose of constructing a bikeway/walkway along Great Neck Road South,or take any there will be only minor,
<br /> Explanation: This article is to appropriate funds for the Fiscal Year 2005 capital budget and to y ,if any,expense to the Town because construction or placement of '-
<br /> hear and accept the report of the Capital Improvement Committee to be distributed at Town other action relating thereto. obstructions in streets or rights of way is an occasional problem,and future obstructions would
<br /> Meeting for the ensuing fiscal year. Submitted by the Department of Public Works be discouraged, This By-Law,if approved,should minimize or prevent conflicts among
<br /> residents because the Town will be the impartial decision maker and remover of obstructions.
<br /> Recommendation. The Finance Committee recommends approval. Explanation: Approval of the easements will allow construction of a bikeway/walkway along
<br /> Great Neck Road South. The proposal also.prevents obstructions in rights of way,which lead to the shoreline,thus
<br /> FY2005 Board Of fulfilling Goal 2 of Mashpee's Comprehensive Plan.
<br /> CIP Committee Selectmen Finance Committee Article 12 GOAL 2: TO MAINTAIN AND ENHANCE PUBLIC ACCESS TO AND ENJOYMENT OF MASHPEES
<br /> Department Report Recommendation I Recommendation COASTAL RESOURCES WITHOUT DEGRADING THOSE RESOURCES.
<br /> To see if the Town will vote to amend the Zoning By-law as follows:
<br /> Police "I. To ensure that development and redevelopment does not interfere with existing public
<br /> Lease Of 6 Police Vehicles 3yrs) 1 69 530 . 69.530 69,536 Amend the first sentence of Subsection 174-45.S.B.by deleting the phrase"such center is access and traditional public rights-of-way to and along the shoreline or with public rights of
<br /> Lease of 2 Police Vehicles 4 yrs) 2 i4 425 14,425 14,425 approved as part of a mixed-use development under Subsection 174-46.1-1,or"; fishing,fowling and navigation,
<br /> Lease Of 1 Police Vehicle 4yrs) 3 8,736 .8736 8,736
<br /> Total 92,691 92r691 92,691
<br /> Amend Subsection 174-45.1.C.by deleting the phrase"approved as part of a mixed-use Article 14
<br /> School development under Subsection 174-46.1-1,or"in the first sentence and by amending the phrase
<br /> Computer Replacement 4 24,000 24,000 24l000 "C-1,C-1-0 or C-1-SV districts"in the third sentence to read"C-1 district"; To see if the Town will vote to accept the layouts as public ways of Albatross Circle,Barnacle
<br /> uashnet HVAC Re 15 40,000 40,000 40,000 Lane,Driftwood Way,Leeshore Drive,Sandy Way,Sextant Circle,Surf Drive and Tradewind
<br /> Total 1 64,000 64,000 64,000 Delete the fifth sentence of Subsection 174-45.1.1).regarding the size of on-street parking Drive as shown on a plan entitled"Road Easement Taking.Plan of Seabrook Village Subdivision
<br /> Fire I I spaces; in Mashpee,Massachusetts(Barnstable County)",dated December 13,2000 and prepared by
<br /> Rep[Brush Breaker 1967 6 30,00 30,000 30,000 The BSC Group,Inc.,which layout shall have been filed in the Office of the Town Clerk,not
<br /> Repi Utility Vehicle 7 ME 35,000 35,000 In the third paragraph of Subsection 174-45.1.F.,delete the word"commercial"before the word later than seven days prior to the date of the vote hereunder and to authorize the Board of
<br /> Total 65,000 65 000 65,000 "uses"in the second sentence; Selectmen to acquire by gift,purchase or eminent domain taking any land necessary for the
<br /> DPW purposes of such ways as so laid out,and to appropriate and transfer from available funds
<br /> Lease of 10 Wheel Dump Truck 8 50,000 -50 000 50,00 Amend Subsection 174-45,1.G.by adding the phrase"as well as any residential units $340,884.45 to the Seabrook Village Roadways Account and to raise said appropriation,the
<br /> Tractor Mower 9 55 000 55,000 55,000 transferred under the provisions of Subsection 174-46.H.(4)"at the end of the second Treasurer,with the approval of the Board of Selectmen,be aii1hnri7Prl to hormw at nnP lj e,ui
<br /> Total 10S,000 105,000 105,000 sentence; from time to time,under and pursuant to Chapter 44 Section 7 or8-or any other enabling
<br /> Harbormaster authority for such purchase or taking and layout including costs of constructing such ways and
<br /> Pickup Truck 10 25000 25 000 25 000 Amend the phrase"C-1,C-1-0 or C-1-SV districts"in the first sentence of both the first and legal financing and other costs incidental and related thereto;and further authorize the Board
<br /> Total 25 000 25 000 25 000
<br /> second paragraphs of Subsection 174-45.1.I.to read"C-1 district"; of Selectmen to assess betterments to the owners of the land abutting the ways,or take any
<br /> Grand Total351 691 351 691 351 691other action relating thereto.
<br /> Amend Subsection 174-45.1.I.by adding the phrase",except as provided below or specifically Submitted by Petition
<br /> Article 4 authorized elsewhere in this by-law,"after the phrase"but not including height"in the first
<br /> sentence of the second paragraph; Recommendation: The Finance Committee recommends approval.
<br /> To see if the Town will vote to appropriate$1,200,000 for the purpose of repair, Amend Subsection 174-45.11.by adding two new paragraphs after the second paragraph that Article 15 "
<br /> maintenance and/or construction of roadways and parking lots,including the payment of all read
<br /> costs incidental and related thereto and to determine whether this appropriation shall t To see if the Town will vote to authorize the Department of Public Works a Revolving Account
<br /> raised by borrowing or otherwise, Provided that such appropriation shall be contingent To residential units are to be transferred into the commercial center under the provisions through the Town accountant's office in accordance with Massachusetts General Laws, This
<br /> upon a vote at an Qlequire to exempt from the l of and
<br /> er G.L.C.59§ rro(Proposition of Subsection 174-46.H.(4),the Planning Board,as art of its
<br /> 2V2),the amounts required to pay the principal of and interest on the borrowing authorized9 P approval of the special will allow the oeparfinent of Public Works(DPW)to utilize revenues they collect when providing
<br /> under this article,or take any other action relating thereto. permit for said center,may authorize an increase in building height to three(3)stories services for privately funded road maintenance and conversions to replace DPW equipment.
<br /> and up to forty-five(45)feet to accommodate said residential units only.
<br /> / Submitted by the Board of SelectmenNo increase in height above that Submitted by Petition
<br /> which is allowed in the underlying zoning district may be
<br /> approved unless there is adequate access for Fire Department vehicles and equipment Explanation: Currently,funds collected for privately funded road maintenance and
<br /> Explanation: This article will fund necessary repairs to the following residential roads: Lowell and all Fire Protection Construction Documents required by 780 CMR Subsection 903.1.1 conversions are placed in the Town's General Fund. This article would allow funds collected
<br /> Road,Lovell's Lane,Quashnet Road,Ashumet Avenue,Cranberry Avenue,Highland Avenue, of the Massachusetts State Building Code,as it existed on May 3,2004,have been from providing services for private roads that utilize Town equipment to be placed in a
<br /> Highview Avenue,Hillside Avenue,Hilltop Road,Pine Crest Avenue,Valley Road,Wheeler Road, submitted to the Planning Board and Fire Department as part of the special permit Revolving account that would be used to replace DPW equipment,rather than relying
<br /> Woodland Avenue,Bayberry Road,Briar Patch Lane,Cranberry Lane,Deer Ridge Road,
<br /> Deerfoot Circle,Edgewater Road,Fawn Road,Mayflower Road,Santuit Road,Jackbon Road, application and the Board is satisfied that the fire protection standards of said Subsection will be completely on Capital Funds for equipment replacement. This should not create any additional
<br /> Quaker Run Road,Timberlane Drive,Dove Lane,Florence Avenue,James Circle,Jeanne met.'; cost to the Town.
<br /> Avenue,Owl Lane;Pond Circle,Robin Lane,Terry Avenue,and Sunset Circle as well as repairs Amend Subsection 174-46.H.'by adding a new subsection 174-46-H.(4)to read
<br /> to the Department Public Works Parking Lot,Transfer Station,and Coombs School Parking Lot. Recommendatiorr. The Finance Committee does not recommend approval.
<br /> This vote is the first step of approval. A ballot question to exclude this amount from Proposition "(4) As an alternative to the above provisions, residential units may be transferred.from
<br /> 21/2 is also needed, other parcels that will be preserved as open space to land within a commercial or industrial Article 16
<br /> zone as part of a mixed-use commercial center development permitted under the provisions
<br /> Recommendation. The Finance Committee recommends approval. of Section 174-45.1. The maximum number of units so transferred shall be determined by To see if the Town will vote to advise the Board of Selectmen the voters wish to have the
<br /> Article 5
<br /> reference to the incentive bonus provisions contained in Subsection 174-46.D.Any land set Mashpee River dredged
<br /> aside as open space as part of a transfer of residential units under this subsection shall also
<br /> be subject to the bounding requirements described in Subsection 174-46.C.(3), the Submitted by Petition
<br /> To see if the Town will vote to approve the annual regional school district budget for the Cape permanent dedication requirements of Subsection 174-46.C.(4), the declaration of choice
<br /> Cod Regional Technical High School District for the fiscal year beginning July 1,2004,in the and filing requirements of Subsection 174-46.C.(5) and the maintenance requirements of Explanation: This article requests Selectmen take appropriate actions to make the Mashpee
<br /> amount of$10,085,220 and further,to see if the Town will vote to raise and appropriate Subsection 174-46,C.(6)." River Dredge Project a reality.
<br /> $521,550 to meet its share of the cost of operation and maintenance of the Cape Cod Regional
<br /> Technical High School District for the fiscal year beginning July 1,2004,or take any other or take any other action relating thereto. Article 17
<br /> action relating thereto.
<br /> Submitted by the Treasurer by Planning Board see if the Town will vote to accept the following new chapter to the Mashpee General Code:
<br /> Submitted To s '
<br /> 1.
<br /> Explanation:-The-zoning by-law`currently allows mixed commercial and res' Chapter 38:..Public RetoMs and Open`Meetngs
<br /> ��.cdentia)
<br /> `!! ;�.
<br /> Explanation: Mashpee's share of the:Regional-Technical Hig School budget is$521,550 'dev�lopflient;rStZuding three story buildings,under the provrsans o the"b530"by-law. t ". -_-_ ,�_^�• ^^ "^� �T="^^'�_
<br /> There are 53 students from Mashpee at the Regional Technical Hlgh School,an increase of 13 However,that by-law was written primarily with residential.cpndominium projects,in mind and 38-1 Purpose '
<br /> students from last year, its provisions are rather complicated and unclear about how a mixed-use project would be
<br /> permitted. This amendment would simplify that process by allowing the same transfer of This bylaw shall be known as the"Public Records and Open Meeting bylaw." The purpose of
<br /> Recommendation: The Finance Committee recommends a residential development rights into non-residential zoning districts provided under the OSID by- this
<br /> approval. R g bylaw is to ensure open access to public records and meetings;to provide for adequate
<br /> law,along with allowing the transferred residential units(and not any other uses)to be located disclosure of matters concerning the public interest and the accountability of Town Boards,
<br /> Article 6 in a third story,but provide that the project would be by special permit from the Planning Board Committees and Commissions;and to provide for strengthened local control and enforcement
<br /> under the existing"commercial center"zoning provisions. The article also makes several minor of the Commonwealth's Open Meeting Law,Chapter 39,Sections 23A and B,and the Public
<br /> To see if the Town will vote to authorize the Leisure Service Revolving Account through the "clean up"amendments to the commercial center by-law,removing references to the no- Records Law,Chapter 66 of the Massachusetts General Laws,and any related regulations or
<br /> Town Accountant's Office In accordance with Massachusetts General Laws,Chapter 44,Section longer-existing C-1-SV and C-1-0 zoning districts and a sentence regarding on-street parking interpretations issued by the Attorney General or Secretary of State of the Commonwealth in
<br /> 53E 1/2,to be expended under the direction of the Leisure Service Department,in order to place which conflicts with the parking by-law amendments made at the October 2004 Town Meeting. effect at the time of adoption of this bylaw.
<br /> revenues collected from the various Leisure Services Child Development Programs,which shall
<br /> be used for the purpose of paying wages and benefits to conduct said Leisure Service Article 13 1. The Town recognized the importance of:
<br /> programs,and to.establish the limit on expenditures from said account for Fiscal Year 2005:at
<br /> $35,588,or take any other action relating thereto. To see if the Town will vote to amend the Town Zoning By-Laws by both adding a new§174- a) Open public meetings
<br /> 13.1. Removal of obstructions within streets and public or private rights of way"; plus
<br /> Submitted by the Leisure Services Department modifying the definition of STREETS by adding a sentence. b). Properly posted public meeting notices
<br /> Explanation: This article seeks to reauthorize the Leisure Services Revolving Account for fiscal The Definition of STREET in the following By-Laws of the Town of Mashpee is hereby amended c) Accurate documentation of the record of all public meetings
<br /> year 2005 that funds one full time staff person-Child Care Program Director. This account is by adding a sentence,printed in italics,so the STREET definition will read as follows:
<br /> used to collect fees that are necessary to carry out programs offered through the Leisure d) 1lmely preparation of minutes
<br /> Services Department. STREET-A public way laid out by the town under MGL C.82,Section 21,or other authority or
<br /> laid out by the state or county,which is open to travel by the general public and is on record at e) timely filing of approved minutes with the Town Clerk
<br /> Recommendation: The Finance Committee recommends approval. the Registry of Deeds, or a public or private way duly approved by the Planning Board under
<br /> the Subdivision Control Stature,or a way on record at the Registry of Deeds which is approved 0 Record retention in accordance with State regulations
<br /> Article 7 by the Planning Board as a principal means of adequate access to abutting property. In
<br /> addition,every public or private way shown on a Plan or Subdivision recorded prior to October 9) Audio sound(tape)recording of the meetings of key Town boards,committees,
<br /> To see if the Town will vote to appropriate and transfer$8,000 from the Cemetery Reserve 1, 2003, even if not approved by the Planning Board, is declared ad legally laid out and is a and commissions
<br /> Receipt Account to the Cemetery Maintenance Account,or take any other action relating street; and if the recorded way extends to a shoreline, then access to the water is included
<br /> thereto. within that public or private right of way, h) Enforcement of the provisions of this bylaw.
<br /> Submitted by the Cemetery Commission i
<br /> The proposed new By-Law is as follows: 38-2 Jurisdiction
<br /> Explanation: This article proposes to use funds received from the sale of plots at the I
<br /> cemeteries for operating expenses related to their maintenance. Currently,one half of the §174-13.1 Obstructions within streets and public or private rights of way and a procedure Because regulatory authorities subject citizens to fees,fines and regulations,and the Town to
<br /> funds received from sales are deposited info the Cemetery Reserve Receipt Account,an providing for their removal possible litigation'the Town's interest is best served by requiring the following to comply with
<br /> account set up specifically for the collection of fees for maintenance. all provisions of this bylaw. The Board of Selectmen,the Board of Assessors,the Planning
<br /> A property owner,an association of property owners,or a resident may file a written request to Board,the Board of Health,the Zoning Board of Appeals,the Conservation Commission,all
<br /> RecOmmendadofn The Finance Committee recommends approval. the Town for removal of one or more obstructions on any street or public or private right of hereinafter referred to as"Regulatory Authorities."
<br /> ways legally laid out in order to allow full and easy travel free of all impediments. Items
<br /> Article 8 constructed by the Town, County or State in the interest of the general public are not 38-3 Requirements
<br /> obstructions, nor are poles, pipes or wires which provide public utility services. Obstructions
<br /> To see if the Town will vote to appropriate and transfer from available funds$55,375 to the include the existence of gates, rails, bars or fences, or any other man made obstructions, 1. All Regulatory Authorities are required to:
<br /> Waterways Maintenance Account to be used for maintaining Mashpee Waterways as directed by except naturally occurring indigenous vegetation,in any street including a public or private right
<br /> the Board of Selectmen,or take any other action relating thereto, of way legally laid out, which may include access to the shoreline. Note MGL Chapter 86, a) Post notices of meetings in compliance with Chapter 39 Section 23B of
<br /> Section 5,allows removal of obstructions. MGL Chapter 183,Chapter 58: Real estate abuttingMassachusetts General Laws.
<br /> Submitted by the Waterways Commission a way, watercourse, wall, fence, or other monument, including (b), prevents valid claims of
<br /> Explanation: This money is needed to perform annual maintenance dredging of the
<br /> ownership to the center orf a right of way under many specified conditions. b) Post a copy of the agenda at the Town Clerk's Office one day prior to such Popponesset Bay and Waquoit Bay navigation channels,to repair and maintain Town owned The procedure to remove an obstruction shall follow the following sequence: meeting and supply to the public sufficient copies of the agenda at each meeting,
<br /> docks and equipment,and to buy replacement navigational aids.
<br /> Request 1- A property owner, an association of property c) Document all meetings by written report in the form of minutes pursuant to
<br /> R u P perty owners or a resident may file a written Chapter 66,Section 3,4,5A and 6 of the Massachusetts General Laws. Such
<br /> Recommendation: The Finance Committee recommends approval. eq for removal of listed obstructions in a named way or street with the Town's minutes must be approved at the next scheduled meeti
<br /> Zoning Officer,who shall investigate to determine the facts based on recorded Plans of ng,oras soon as possible
<br /> thereafter,and be filed with the Town Clerk within two(2)business days after
<br /> Article 9 andSurveys.developments Anapprovals Subdivisions showing streets and rights of way, Property Deeds approval.
<br /> Ys. y pprovals granted by the Town to build within a recorded right of
<br /> To see if the Town will vote to accept the layout of Algonquin Avenue as a public way,as way shall be ignored. The Zoning Officer's decision shall be published within 60 days d) Audio sound(tape)record all meetings. Such tapes must be filed with the Town
<br /> shown on the plan entitled"Taking Plan of Land in Mashpee,MA"dated August 15,1997,by from date Request is received by issuing a determination. A maximum fee of$75 may perk at the same time as the written minutes are filed.
<br /> Eagle Surveying and Engineering,Inc.,which layout shall have been filed in the Office of the be charged by the Town for processing this Request. This $75 fee shall include all
<br /> Town Clerk,not later than seven days prior to the date of the vote hereunder and to authorize subsequent appeals within the Town. 2. Waivers of compliance may be granted with respect to 38-3 1)(b)and(d)for reasons
<br /> the Board of Selectmen to acquire by gift,purchase or eminent domain taking any landwhich the Town Clerk deems valid and which are not inconsistent with Massachusetts
<br /> necessary for the purpose of such way as so laid out,and to raise and appropriate and/or 2 If the Zoning Officer determines an obstruction exists within a street or right of way General laws.
<br /> transfer from available funds for appropriation $263,388 to the Algonquin Avenue Roadways then the Zoning Officer shall notify all abutters within 300 feet by certified mail, return
<br /> Account to effect the conversion of Algonquin Avenue from a private way to a public way and to receipt, that unless the structures are removed, or the request to remove is appealed 3• The Town Cleric shall be required to maintain the audio tape records for a period of
<br /> raise said appropriation the Treasurer,with the approval of the Board of Selectmen,be within 25 days to the Zoning Board of Appeals,the Town shall direct the Department of three(3)years. If,in the opinion of the Town Clerk or Board Chairman,retention is in
<br /> Public Works to remove such obstruction within the next 45 days. All notification shall the best interest of the Town,a longer period may be stipulated.
<br /> authorized to borrow at one time,or from time to time said sum,under and pursuant to
<br /> Chapter 44,Section 7 or 8 or any other enabling authority and to issue bonds and notes of the be assumed to occur 5 days after mailing of notice via certified first class mail. Copies
<br /> j Town therefore;and to further authorize the Board of Selectmen to assess betterments to the will be sent to the requester,or his agent. 38-4 Other Provisions
<br /> owners of the land abutting the ways,or take any other actions relating thereto,
<br /> 3- If the Zoning Officer determines there is no obstruction, he shall promptly notify the 1. All other town boards,committees,and commissions,not specified herein,may elect to
<br /> Submitted by the Board of Selectmen requester via certified mail, audio record their meetings. If such election is made to audio record,some or all
<br /> matings,the filing requirements herein shall also apply.
<br /> 4- If the
<br /> Explanation: This article will authorize the conversion of a private way to a public way, requester or any abutter(s) disagree with the Zoning Enforcement Officer's
<br /> Algonquin Avenue has become a matter of public safety. The Code of the Town of Mashpee decision,an appeal may be filed with the Zoning Board of Appeals within 25 days after 2• All other town boards,committees,or commissions not specified herein,must post
<br /> allows for the Board of Selectmen to convert private roadways and assess betterments to the mailing notification of decision. The appeal shall be heard within 65 days and the Board notices of meetings and record the business of their meetings in accordance with this
<br /> abutting Property owners, shall determine whether the appeal is valid within 65 days from their fist hearing,and bylaw and Massachusetts General Laws.
<br /> Promptly notify the requester and appellant via certified mail.
<br /> Recommendation•. The Finance Committee recommends approval. 3. Regulatory Authorities shall not be required to provide audio tape recordings of
<br /> 5- Any objection to the decision of the Zoning Board of Appeals,or their failure to issue a workshop meetings and meetings held in executive sessions.
<br /> Article 10 decision within 65 days, may be appealed in writing by either the requester(s) or
<br /> abutter(s) to the Board of Selectmen within 25 days. The Sdecbnen shall hear the 38-5 Administration
<br /> To see if the Town will vote to authorize the Board of Selectmen to enter into and execute a appeal at a public hearirig within 65 days. Selectmen shall accept written and verbal
<br /> lease agreement pursuant to M.G.L.c,30B and c-40,sAA with the Cape Cod Regional Transit Comments form all interested parties, and decide by vote within the next 65 days This bylaw shall be administered by the office of the Town Clerk,who may designate a
<br /> Authority for a ten passenger van,and for expenses incidental thereto,upon such terms and whether to sustain or reject the Request to remove obstruction. If the Selectmen deny person(s)to be the administrator(s)of public records. The Town Clerk shall promulgate such
<br /> conditions as the Selectmen shall deem to be in the best interest of the Town,or take any other. Section 17 Judicial the appeal,the decision may then be appealed per MGL Chapter 40A,Srules and regulations as are necessary to administer this bylaw with the approval of the Board
<br /> action relating thereto. review-
<br /> of Selectmen who shall hold a public hearing after providing seven(7)days notice of such
<br /> Submitted by the Council on Aging Submitted by Petition hearing. The Town Clerk shall have the full power of enforcement to bring civil or criminal
<br /> action to enforce the provisions of this bylaw. The Town Clerk must discover or have been
<br /> Explanation: This article allows the Town to enter into a five-year lease with the CCRTA for a Explanation: The Article,if approved at Town Meet made aware of a violation and shall not take action until:
<br /> ng,provides for two amendments to the Continued on Next Page
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