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i ' THE MASHPEE ENTERPRISE a FRIDAY;APRIL 2,2004 Lel Notices ■Continued — - passenger van to replace the existing senior van. Leases In excess of three years must be Article 3 ; 'approvetl by Town Meeting:The Town will be responsible for operating expenses,Insurance and maintenance. To see If the Town will vote to hear the report and adopt the Capital Improvement Program as presented by the Capital Improvement Committee and to see if the Town will vote to raise and Article 11 appropriate,borrow or transfer from available funds$351,691 to various department Capital To see If the Town Will to authorize the Board of Selectmen to acquire Accounts(See Capital Requests),or take any other action raiding thereto. W by gift,or purchas or otherwise easements over land located on the westerly side of Great Neck Road South frog Submltted'by the Board of Selectmen Donna's Lane to the Chlklren's Museum,as shown on a plan entitled"Great Neck Road Sidewalk"dated December 2003,by BNH which Is on Ole In the Office of the Town Clerk,.for Explanation: This article Is to appropriate funds for the Fiscel Year 2005 UP161 budget and to the Purpose of c9nspucting'a 4lkeway/walkway along Great Neck Road South,or take any hear and accept the report of the Capital Improvement Committee to be distributed at Town other mon relating thereto. Meeting for the ensuing fiscal year. Submitted by the Departmental Public Wori Recommendardom The finance Committee recommends app§Pv,�l. Explanation: Approval of the easements will allow construction of a bikeway/walkway along --; - - Great Neck Road South. FY20a5 Hoard OF . CIG Committee selectmen Flnamx Comminals Article 12 Department Re rf Recommendat/an Recur meMat/on Polite 1'osee tf the Town will vote to anrentl the Zoning.By-law as follows: Lease 0!6 PoIke Vehltles 3 rs 1 69.53 69,5301' 9 530 Amend the first sentence of Subsection 174.45.1.8. deleting the Lease 012 PUICe Vehltles 4 2 425 44 4 5 14 925 n9 phrase"writ tenor IS Lease Of l PWke VehlUe 4 3 736 8736 873 aPProvedaspartala mixed-use development under Subsection 174.46.H,or'; School Total 92,691 92,691 92,591 Amend Subsection 174.4S.1.C.by deleting the Phrase"approved as part of a mixed-use Computer Replacement 4 development under Sub;ecllon 174-46.H,or"In the first sentence and by amending the phrase 24 000 24,000 000 `C-1;C-1-0 or GI-Sv districts'In the third sentence to.read"C-1 district uashnet HVAC Repi 40 000 40 ODO '40,000 Total 64.000 U.000. :_ 84 no Fire the flftn senterxae of Subsection 174-4S.I.D.regarding the size of on-street parking ��; Reel Brush Breaker 1967 6 30,000 � 30.01110 30 Real Utility vehicle 7 3.000000 35,0001 35 Total 85 SA In the third paragraph of Subsection 17445.1.F.,delete the word"commercial'before the won DPW To65 000 65 0 •useO In the second sentence; . Lease of 10 Wheel Dum Tmde T 50 DOI 50.000 50 Amend Subsection 174.45.1.G.by adding the phrase'as well as any residential units Tractor Mower 9 55 000 55 000 55.00011 transferredunder the provisions of Subsection 174.46.H.(4)"at the end of the second Harbormaster Total 105,000 105,000 105.0001 sentence; PIckUD Trude 10 25,0001 25,00101 5 Amend[be ph Total rase"C-1,C-1-0 or C-1-SV dLtiTrids'In the first sentence of both the first and 25 000 25 000 15 000 second paragraphs of Subsection 174.45.1.1.to read-C-1 dlstrid"; Grand Total 51691 51891 51691 Amend Subsection 174.45.1.1.by adding the phrase",except as provided below or specifically Article 4 authorized elsewhere In this by-law,"after the phrase'but not Including height"In the'flrst - sentence of the second paragraph; To see if the Town will vote,to appropriate$1,200,000 for the purpose of repair, Amend Subsection 174-45.1.1.by adding two new paragraphs maintenance and/or construction of roadways and parking lots,Including the payment of all read ' n9 ce 9 Phs after the second paragraph then costs Incidental and related thereto and to determine whether this appropriation shall be " ralsed:by borrowing or otherwise. Provided that such appropriation shall be contingent 'Where residential units are to transferred Into the con, center under the upon a vote at an election to exempt from the provwlslons of G.L.C.59§21C(Proposition provisions 21h),the amounts required to pay the principal of and Interest an the borrowing authorized. of Subsection 17446.H.(4),the Planning Board,as part of Its approval of the special under this article,a take any other action relating thereto. permit.for said center,may authorize an Increase In building height to three(3)stories and up to forty-five(45)feet to accommodate sold residential units only, / Submitted by the Board of Selectmen- NO Increase in helgbt above that which Is allowed In the underlying zoning district may be approved unless there Is adequate access for Fire Department vehicles and equipment 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 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 Hlghview Avenue,Hillside Avenue,Hilltop Road,Pine Crest Avenue,Valley Road,Wheeler Road, submitted to the Planning Board and Fire Department as part of the specialperml[ Woodland Avenue,Bayberry Road,Briar Patch Lane,Cranberry Lane,Deer Ridge Road, appllcatlonand the Board s satlstled Ural the tyre protection standards of said p Deerfoot Circle,Edgewater Road,Fawn-Road,Mayflower Road,Santult Road,Jadkbon Road, Subsection will be met"; Quaker Run Road,Timberline DrIve,.Dow Lane,Florence Avenue,James Circle,Jeanne ' Avenue,Owl Lane,pond arae,Robin lane,Terry Avenue,and Sunset arde,as well as repairs A Subsection 17446.H.by adding a new Subsection 17446-H.(4)to read to the Department Public Works Parking Lot,Transfer Station,and Coombs'!l pool Parking Lot . . This vote Is the first step of approval. A ballot question to"dude this amount from Proposition "(4)As an alternative to the above provisions, residential units may be transferred from 2 Va Is also needed. , ,.other parcels that will be preserved.as open space to land WMn acommercial Or Industrial -- zone as part of a mixed-use commercial center development permitted under the provisions RemmmendaNOm The Finance Committee recommends approval:.. of Section 17445.1. The maximum number of units so transferred shall be determined by _ ;.reference to the Incentive bonus.provisions contained In Subsection 17446.D.Airy IBM set Article 5 - .aside as open space as part of a transfer of residential units under this subsection shall also be subject to the bounding requirements described In Subsection 174-46.C.(3), the To see If the Town will vote to approve the annual regional school district budget for the Cape Permanent dedication requirements of Subsection 17446.C.(4), the decWratlon of rholce Cod Regional Technical High School District for the fiscal year beginning July 1,2004,In.the and fling requirements of Subsection 17446.C.(5) and the maintenance requirements ce amount of$10,085,220 and further,to see If the Town will vote to raise and appropriate Subsection 174-46.C.(6).' of $521,550 to meet its share of the cut of operation and maintenance of the Cape Cod Regional I ' Technical High School District for the fiscal year beginning July 1,2004,or take any other for take any Other action relating thereto. action relating thereto. • Submitted by Planning Board Submitted by the Treasurer � - . - YPII natlon: The zoning by-law arremiy allows mixed commercial and resi�enGal Explanation: Mashpee's,share al lthe,Aeglwnlsathnkal.HghSclwoFbeMyat b'yrati55D Op.L4 :tis pD�uIR110g54 under the provlslor�s�0%ti{e^ s,g by-law._ Thereare 53 students from Mashpee BR I e�teglonal Technical HI§Ii;SCKooI,an Inaease'�f`(3 er,thatt y-law was written primarily with resldenbal condominium Projects In mind and. -.' students from last year. , , _ ,. 1 provisions are ralH4r mmpllcated and unclear abouthow,a.mlxed-Tae Project would be h. filed. Thls amendment would simplify that Process by allowing the same transfer Of Recommendatbm The Finance Committee recommends approval. ;Tenn development Hghts Into non-residential zoning districts provided under the OSID by- 1 on with allowing the transferred residential units(and not any Other uses)to be located Article 6 I lhlyd story,but provide that the project would be by special Permit from the Planning Board • `u the existing"commercial center"zoning provisions. The article also makes several minor To see If the Town will vote to authorize the Leisure Service Revolving Amount through the n up'am Indments to the commercial center by-law,removing.rekrences to the no- Town Attountant�s Office In accordance with Massachusetts General laws,Chapter 44,Se vn to !�^fl niWIl1h-V and C-1-0 zoning dIWr and a sentence regarding on Wed parking 53E his,to be expended under the direction Of the Leisure Service DePartment,'in eider to parking bylaw amendments made at the October 21)04 Town Meetl revenues collected from the parlous Leisure Services Child Development Programs,which shall ng. be used for the purpose of paying wages and benefits to conduct said Leisure Service .Art Ie 13 Programs,and to establish the limit On expenditures from said account for Fiscal Year 2005 at ' $35,588,or take any other action relating thereto. To Iseq if the Town will vote to amend the Town Zoning By-laws by both adding.a ft's, 13.1. Removal of obstructions within sheets and public or prorate rights al way'; Plus Submitted by the Leisure Services Oepartrnent - fli �the definition of STREETS by adding a sentence. Explanation: This article seeks to reauthorize the Lelsure'Servkes Revolving Accol far fiscal The flnition of STREET in the following By-Laws of the Town of Mashpee Is hereby amended year 2005 that fundsone 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: used to collect fees,that are necessary to carry out programs offered through the Leisure Services Department. 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 ReCOrnmendatfom The Finance Committee recommends approval. the Registry of Deeds, or a public or private way duly approved by the Planning Board under the Subdivision Control Stature,ora way on record at the Registry of Deeds which Is approved Article - 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 SUbdIVI51on record Prior to and To see If the Town will vote to appropriate and transfer 0,1300 from the Cemetery Reserve 1,,2QD3,.even If not approved by the Planning Board, Is declared ac legally laid out and Is e Receipt Accountbt the Cemetery Maintenance Account,or take arty Other action relating street; and If the recorded way extends to a shoreline,then access to the water Is Included thereto. within that public or private right of way. - Submitted by the Cemetery Commission The proposed new Bylaw,is as follows: Explanation: This article proposes to use funds received from the sale of plots at the 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 funds received from sales are deposited into the Cemetery Reserve Receipt Account,an •providing for their removal account set up specifically for the collection of fees for maintenance. A property OVmer,an association of property owners,or a resident may file a written request to RecOmmendatiom The Finance Committee recommends approval. the Town for removal of one or more obstructions on any street or public or private right of ways legally laid Out In order In allow full and easy travel free of all Impediments. items Article 8 constructed by the Town, County or State In the Interest of the general public are not- obstructiors, nor are poles, pipes or wires which provide public utility services. Obstructions To see if the Town will vole to appropriate and transfer from available funds$55,375to the Include the existence'of gates, rails, bars or fences, or any other man made obstructions, Waterways Maintenance Account to be used for maintaining Mashpee Waterways as directed by except naturally occurring Indigenous vegetation,In any street including a public a private right the Surd of Selectrnen,or take any other action relating thereto. of way legally laid out, which may Include access to the shoreline. Note MGL Chapter 86, Section 5,allows removal of obstructions. MGL Chapter 183,-Chapter 58: Real estate abutting Submitted by the Waterways Commission, a way, watercourse, wall, fence, Or other monument, Including (b),prevents valid claims of • - ownership to the center orf a-right o!'way under many specified conditions. Explanation: This money Is needed to perform annual maintenance dredging of the , ' Popponesset Bay.and Waquoit Bay navigation channels,to repair and malntaln Town Owned The procedure to remove an obstruction shall follow the following sequence: docks and equipment,and to buy replacement navigational aids. 1- A property owner, an association of property owners or a resident may file a written Recommendatlom The Finance Committee recommends approval. Request for removal of listed obstructions In a named way a street with the Town's Zoning Officer,who shall Investigate to determine the fads based on recorded Plans of Article 9 developments and/or Subdivisions showing sheets and rights of way, Property Deeds and Surveys. Any approvBLs granted by the Town to build wlthin•a recorded right of way shall be Ignored. The Zoning Officers decision shall be published within 60 days To see If the Town will vote to accept the layout of Algonquin Avenue as a public way,as from date Request Is received by Issuing a determination. A maximum fee of$75 may shown on the planendtled'Taking Plan of Land In Mashpee,MA"dated August 15,1997,by be charged by the Town for processing this Request. This $75 fee shall Include.all Eagle Surveying and Engineering,Inc.,which layout shall have been flied In the Office of the subsequent appeals within the.Town. Town Clerk,not later than seven days prior to the date of the vote hereunder and to authorize the Board of Selectmen to acquire by gift,purchase or eminent domain taking any land 2If the Zoning Of ice'r determines an Obstruction exists within a street or ht of way - necessary for the purpose of such way as so laid out,and to raise and appropriate anti/or then the Zoning Officer shall notify all abutters within 300 feet by certified mall,return transfer from available funds for appropriation $263,388 to the Algonquin Avenue Roadways receipt, that unless the structures are removed, or the Account to effect the conversion of Algonquin Avenue from a private way to a public way and to request re remove p appealed raise said appropriation the Treasurer,with the approval of the Board of Selectmen,be within Works t r the Zoning Board of Appeals,the Town shall direct the Department nenh of authorized to borrow at ane time,or from time to time said sum,under and Public Works to remove such obstruction orf no the next 45 days. All ss main. C shall pursuant es be assumed o ere 5 days ager mailing of notice via certlfled first class mall. Copies Cnapter'44,Section 7 or 8 or any other enabling authority and to Issue bonds and notes of the well be sent to the requester,crisis agent ' Town therefore;and to further authorize the Board of Selectmen to assess betterments to the owners of the land abutting the ways,or take any other actions relating thereto. 3-- If the Zoning Officer determines there Is noobstruction, he shall promptly notify the requester via certified mall. Submitted by the Board of Selectmen 4- If the requester or-any abutter($) disagree with the Zoning Enforcement Officer's Explanation: This article will authodze'the conversion of a private way to a public way. decision,an appeal may be filed with the Zoning Board of Appeals within 25 days after Algonquin Avenue has become a matter Of public safety. The Code of the Town of Mashpee decisimailing notificationn appeal of be i The appeal shall be heats within 65 days and the Board allows for the Board of Selectmen to convert private roadways and assess betterments to the - appeal Is veal hall b 65 days from their fist hearing,and abutting property owners. ' shall determine whether the e promptly notify the requester and appellant via certified mall. Recommendatlam The Finance Committee recommends approval. 'S- Any objection to the decision of the Zoning Board of Appeals,or their failure to Issue a Article 10 decision within 65 days, may,be appealed In writing by either the requester(s) or abutter(s) to the Board of Selectmen within 25 days. The Selectmen shall hear the appeal at a public hearing within 65 days. Selectmen shall accept written and verbal leasee If the Town will vote to authorize the Board of Selectmen to apteC d and execute si comments form all Interested parties, and decide by vote within the next 65 days lease egreemenf pursuani to M.G.L.c,30B and c.40,s.4A with the Cape Cod Regional Transit whether to Sustain or reject the Request to remove Obstuctlon. If the Selectmen deny Authority for a ten passenger van;and for expenses Incidental thereto,UP06 Such terms and the appeal,the d&rtiori may then be appealed per MGL Chapter 40A,Sectlon 17 Judicial conditions as the Selectmen shall deem to be in the.best Interest of the Town,or take any other review, action relating thereto. Submitted by the Council on Aging Submitted by Petlgon Explanation: This article allows the Town to enter Into a fiw.year lease with the CCRTA fora : explanation: The Article,If approved at Town,Meeting,Provides for two amendments to the