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THE MASHPEE ENTERPRISE if FRIDAY, SEPTEMBER 16, 2005 Page 17 Legal Notices Submitted by Manning Boaand ts and Water District Commission The Board ofSeleclmen the Finance Committee recommend approval. In Continued - Plan drawings anal he prepared at a scale"1 inch=20 feet on a sheet not to exceed 24 inches by 36 Explanation: Tits amidwe has been submitted al the request of the Mashpw Water District to create a neArticle 17 Groundwater Protection District to poled the zone IP recharge area of the Didricrs'Mwhpee Vklige"wall. inches. To see if the Town will vde to authorize Ne Board of Selectmen to acquire from the Carmronweltuh Elec m The Board of Selectman recommends approval. Company,by gift,purchase"eminent domain,the fee interest,&SUM other*forest Six Me Sefectsssn mssy SS84-5. CONTROL MEASURES n deem necessary and appropriate,in the Panel of real property adjusted on the westerly side of Orchard Road, The Finance Committee ro make reeahmenNllon ct Town Meeting. comprising one Ihatand four hundred square feet:more a less,being apomon"the tats identified as`Peroal A, Measure,to prevent the erasion of soils from the property and The sedimentation it ion of Pr structures 2"in the deed dared May 1;1963,recorded at the Bamstatie County Registry of Deeds in Book 1199,Page 497, and adjacent wetlands throughout all phases of'construction and at the completion of Project shall, _ at a minimum,include the following: MashpeeVillage Well , , to nsacti authorize the Se any tit Other negactim re and execute any agreements or instruments necessary to complete this ` ARTMLE 74 Jransadion,or lake any riper acts.related mereb. Groundwater Protection District (7) Stabilization of Geared areas within fourteen days of tlearinga extended inedivdY ,'v v� �� 3 o T.®� \, � - - Submitted by The Board of Sefectinen in construction(fourteen days or more)by planting of temporary vegetative cover, Explanation: This amide authorizes the SmrdofSelectman to acquire by gill a parcel of lets owned by mulching,use of erosion control mats or similar measures: 2 Stabilization or coven of soil stockpiles at the antl of each workday; 1 $ y Commonwealth Electric named to layout,and construct gee signiduallion of ma Rrmle 28/OrMard Road 1 ) n9 a A U® .- intersection - - (3) Prevention of bbwrng of dust or sediment ham the its by mulching,sprinkling(water), ,vis t1 p g g $ lit ii38� ®., ±. spraying of adhesives cr mlwm chloride,use of sane,particularly along construction r�,,T $log $da�$ � $o \• The Beard of Selectmen and the Finance Committee recommend approval roads,a providing wind barriers:and (4) Provisions for the maintenance"the.erosion and sedimentation control measures, vf' Article 18 including cleaning a drainage structures and affected pubflrJPnvat ways. a 4, p: a 4a tlo n3 a,paA, "x°- SWtNroRr g p >* To see if the Town will vote to amend Ne Zoning Bylaw by adding a reference b footnote 22 In the heading of the 53846. INSPECTIONS - - s r si. g p St'g P 4 r°) p ___ "Front'column under'Minimum Building Setback to Lot Linea"in me Section 17d-31 Land Space Requirements B °�$ t g T-" Table and adding gr,following new,footnote 2210 the foolaes to said Table: A. The Director of Public Works or his tlesgnee may enter upon the property Of the applicant for the a .J� - purpose of conducting regular inspections b ensure compliance with the approved Erosion and f • - v7✓So E em CB mar S# c_, i 22 Minimum front Wil ting setback within me Mashpee Center Overlay District shell be 20 feet and maximum Sedimentation Cartrol Plan and the provisions of this Bylaw. These mspecums Shall be performed j �. a Sa$ $4' Zy -F ng principal structure on a lot shall be 40 feel.`, at a minimum at the following intervals: t allowed buYtli setback for the ae (1) Prior Ion the star of construction; t sit x+� i J:\ �.p A tl rrS�$ )j tars m °j`., T or take any other adios relafing Missile. (2) Upon completion d site grading; w w s' e 4 1' Submitted by Planning Board (3) At close of construction season or prior to any other long-term SIPS in mnstrucbon } ``•�.,.. 1 ffi \7 - T ` (more than 2 weeks);and jx • 'h �� /� r K vh i t of Explanation: This article would wired a duplication oficle aprr numbering in the r 2002iTow requirement tale (4) Upon completion of final landscaping f , it 4 $' r i of the Zoning By-law which was created by a petition article approved al the October 2002 Town Meeting,which + inadvertent) replaced a reviousl approved fo"mt 20 now Ypreviously Pero ( proposed as towhee 22)with a different foodnde S. The applicant shall contact the Department of Public Works(DPW)to schedule these inspections. j- _3 20. The fcomcte proposed provides In m r reduced setbacks(20 ft. 40 ft.maximum)in Mashpee :i Other inspections may M performed at the discretion of Me DPW,including prior to or atter a stoma, '. g - _ % - Center Overlay Zone,antl was previouslyadopted under Article 29 oflhe October 1999 Town Meeting _ . event •err 7W. t -�%- _ - h '.. The.Board of Selectman and the Finance Committee recommend approval. C. During the inspections,me effldveness of the control measures in place shelf M evaluated and t1 ° Article 19 - additional central measures may be required it deerned necessary by the DPW. ,n $Or To se¢if Me Town will vote to amend the Zoning By-lew by SS84-7. ENFORCEMENT - - Article 15 Adding the following definition under the definition W'ApmerenC in 174-3.A.:- A. Violations To we if the Town will vote to amend the zoning bylaw by ameMng Subsection 17449.B.to add a new subsection (5)ACCESSORY APARTMERT-an apartment created within a single-family residential structure uMer the - Any activity that has commenced or is conducted!in violation of this Bylaw may he (7)as follows:restrained by Provisions of Section 17445:4"; written order of the Director of Public WorkS,by injunction or otherwise abated in any manner "(7)Beginning at the shore of Mashpan Pond at the nrxthemmosl corner of the parcel shown on the FY 2004 provided by law: Mashpee Assessors'Maps as Map 20,Bock 5; Amending We definition of'Accamory Oiveling'contained in Section 1743 A W read m follows: B. Notice of Violation (7)DWELLING.ACCE,$SORY-Aresidence Insisted under the provisions of.Sectron 17"6.8.(1),containing no Thence minersierTy'and southerly along the-nerBhwestm and weslem properly fines of said Parcell its more than one,(1)bedroom,which may have kitchen and bathroom heaMres and Other rooms which are When Ie Department of Public Works determines that an activity is being caned out in violation of southwest corner, not bedroars,either attached to or detached from a pinceplerresdens,m the same lot and not owned the requirements of this Bytes,h shall issue a written notice of violation to the owner of the property separately fromithe lot or principle residence. Such dwe lings may not be occupied by more than ti Thence southerly along the western property line of Map 20,Bkxdr 42I the southwest comer d mid parcel; rsons" and the person responsible for implementation of the plan.The notice of violator,shall contain: � Pe Thence southwesterly in a straight line to the southwest miner of Map 20,Block 25; Amending the first sentence IfSubw.17445A.C.to read as follows: (1) Name and address a the owner and the person responsible for implementation of Ihe _ 9 m plant Thence southwesterly in a Straight line to the westernmost Point"Map 20,Block 55; -The design,installation,use of an accessory apartment shall be secondary and Incidental to the principal use of (2) Address of property upon which the violauan is occurring; the structure as the owner s home and the apartment shall be located within this,same Nmcture as said home.'; (3) Statement of the violation; , Thence Southwesterly at a Straight fine to me southeast comer of Map 20,Block 56; (d) Description of the remedial measures necessary to bring the activity into compliance with this Bylaw and a Schedule for me completion of war mmWial action; Thence soulhwestenyn a straight line to the southernmost comer of Map 27 Block 156; or take any other action reading thenal: - (5) Statement of the Penalty or penalties that shall or may be meessed against the person - Submitted by Planning Board to whom the notal of violation is directed: Thence southerly in a stragM Ilne ke the swthemmml comer of Map 35,Block 13; - Explanation: This article would dan Hthat accesw ry apartment are to he located within the some strurNra as. C. Stop Work Orders Thence Southerly in a Straight.litre to the.northernmost!comer of Map 43,Block 4; taw principal residence with which they are associated and Met they are notthe same as'aasssay dwellings" -pentated under the OSID by-law Persons receiving a notice of violation will he required I haft all construction activities.This`stop Thence southerly in a straight line to the northwest comer of Map 44,Stock 113; work order'will be in effect until the Department of Public Works confirms thattre devetopmml The Board of Selectmen and Me Finance Committee recommend approval. activity is in compliance and the violation has been satisfactorily addressed.Failure to address Thence swmerly in a,Straight Jim T,the northema"I comer of Map 44,Block 115; - a nolice of violation in,a timely manner may result in civil,criminal,a monetary Penalties in - Article 20 accordance with the enforcement measures of this Bylaw. Thence southerly in a straight line to the southernmost tamer of Map 43,Block 18; To see ff the Town will Vote to amend the Zoning By4avi by annealing fire Mad semerrce of the first Paragraph D. Penalties Thence southedy in a.saaght Ione toa pant.die soumesslem property line of Map 51,Block 6 that is located 500 Section 174-38 W land!asiallows: - feet from the sm l easlem comer of mid parcel; - -Any other required parking dads maybe nine(9)bet In width,if approved by the permitting authority,where it is The penally for the is,violation of this Bylaw shall M$100. The penalty for the 2w violation shall be demonstrated that the use Served will not involve high parking turnover,this.use of shopping carts,or frequent use $200. The penaltyfor the 3m and Subsequent violations shall be$300. Each day that a violation Thence southeasterly In a straight line to:hr,wassa most point of Map 52,Block 11k ocahm or continues shall constitute a sepamt offense. by lege vetcles such as ppmp truck;,vans y moron of h vel Ism except that rbs or et maraYel Parking spaces may be Sig ht(8)feel Infivldlh(m8yie11 lf/jg any portion of travel lanes,gutters,curbs or benht)when adjacent to Therm shown o the 2004 Ad cosors'M long the property Nne"said parcel n it ktm¢dion with the side line of travel lanes of at least 10 feet m wnd0i or take any other adxah relating thereto E, .iton-Criminal Disposltlon me way shown on the 2006 Asseswrs'Map as Lovelfs Lam(dherwise known as AshersPam); Submitted by Pinning me 8mrd As an alternative to criminal prosecution or civil action,Me Town of Mashpee may elect to UM.the Thence northerly in a straght line to me northwest comer of Map 52,Block 129, - ESP ls.Milan;_Thksarti w wwM clarify mat the mquned 8 fool width of on-strest Parallel parking Spaces is in non-criminal disposition procedure setimh in Article If of Chapter 1 of the General Bylaws of me addition to the width of any adjacent travel Ines.Battle,curbs or.berme. Town of Mampee. - Thenen northerly in a straight fine to the inletecon of the northern property line of Map 44,Block 130 with me side line d leme Equestrian Aye.: The Board of Selectmen and me Finance CommHte recommend approval. F Reetoratlon of Lands Thence nodherly in a straght line to the southwest comer"Map 41,Block 119: - - Any violator may be required to reasons,land to it undisturbed conddion.In the event mat resloreton Article 21 ' is net undertaken within a reasonable time alter notice,the Department of Pudic Works may take Thenen northerly in along the western properly line of said parcel 10 AS northwest miner; necessary corrective awonthe coil of which shall become a Ir,n upon the property unit paid,in To we n the Town will vote 10 MOM the zoning by law by replacing She mrrent language of Subsection 174-79.8. accordance with me applicable provisions of General Law Thence orm¢rl�acrom OuasMet Road so sr,soulheaat comer of Map 44,Block 88; (2)wimthefolbwing: arok .0 nu - r=n:r?m -'s nitanl habuANn t-. ro axWAn;gxs cod,lin:,y il[a1a meb6 prlBeaM O Holds on Certificates of Occu hanc�r ehvsJ dnuee.Wel sin o menti.ma,kms sn1 claws Thrl the eastern property line of said parcel to its northeast comer, y a18nfMYfdRteNArl8tf4fiarh W &r AiiYMssot'Maps as Map Occupation certificates shall net be ranted b antl Som to 4as�a Enforcement Mid any The nag '` '9"'^" 25' '•!,'i9dkig'ts'9� � 1h6pY4 $;11YS"oro a �mvdw ' wz P 9 Y Y Pe Y northerly in a straight line to the ws,etrnmml cannel of Map b,Block 110 � x , mnrective actions hereunder have been'made p Y Dep, "9"•'^'. ThaAcia`lithedy almh�tfr�}�pihflihe'MNtNwiibinn d[�mrblsaii26;" "'10. '". Thence northerly in a straight line to the easternmost miner of Map 35,Block 19A, SS846: SEVERABILITY - - o Thence northerly in a straight line to me southwest comer of Map 35,Bionic l 27 Ifhence southerly along a straight line to the southwest coma of Map 27•Black 22:- The invalidity of any section or provision of this Bylaw shall Trot invalidate shy aher section a- Theme southerly along a straight line to the nom+emmoa coma of Map 34,Block 8; th provision thereof: Theme northerly n a Straght line to the southwest miner of Map 35,Block W; Theme northerly in a Straight line to the northwest coma of Map 27,Blwk 48A : Thence southerly along a straight line b the northernmost comer d Map 43,Block 3, or take any other action relating therein. t Thence northerly in a straight fine to me northwest coma of Map 27,Block 11 B, Thence southeasterly along a straight line to the southernmost comerael panel, Submitted by the Department of Public Works - Thence easterly along the northern property line of mid parcel to its northernmost miner; Thence southeasterly in a straight line to the northern intersect.of the properly lienof Map 51,Block 24; Explanation: This article proposes to add a new chapter to the Town's General Bylaws. The proposed Erosion - and Sedimentation Control Bylaw will allow me Town to oversee large development projects wheresignificant landThence northeasledyn astraight line to me Southwest comer"Map 27,Bock 93; - Thence Southeasterly and nonnea;lerly along the nmhe n properly Hasof said Parcel to its northernmost comer, clearing or alterationndfawill resou Theseactivities eroding potentially have a negative impact onadjacent Properties, roadways,antl/or natural resources from erodico soil,windblown dust,sedimanttion of drainage areas or Therm northeasterly in a straight line to the northernmost comer of said parcel; Thence northwesterly in a straight line to the sou0immosl corner of Map 34,Block 10; wetlands,etc.. Construction of a Single family dwelling and emergency activities would be exempt from the Bylaw Adoption of the Bysw,is also a condition of the Town's peral under Ne U.S.Environmental Projection Agency's Thence northwesterly and northerly along Bre snore of Mashme Pond to me pant of beginning',or take any other Thence northerly along the western properly line of Sold panel to its northernmost comer.' National Pollutant Discharge Elimination System program, action relating thereto.. ]Thence northerly los point on the northern property line of Map 26,Bkhdr 12 located 440feet measured along Submitted by Planning Board and Water Distinct Commission said property fine,from the side line of Ashman Road; The Board of Selectmen and the Finance Committee recommend approval. Explanation:This article has been submitted al the request of the Mashpee Water District to creat a new Thence northerly in a straight less to the mstanmmt comer of Map 26,Block 14; Groundwater Protection District W prole"me-Zoon ll`recharge area a me DistrkI's brew"Belcher well.. Article 13 Thence wrthedy in,straight line to the Southwest comer of Map 19,Block B The Seem of Selectman recommends approval To we if the Towd will vole toamend Section 174-31 of the Zoning Bylaw,the tats Space Requirement Table, Thenen neMedy,loco the"stem sideline of said Parcel to ns northwest earner; by adding a rotrence to fmnote 23 an the head of the-Rea,`and'Side'Setback columns ant by adding the The Finance Committee W make reeommandal_ion_at Town Meeting. _ _ Therm northerly in a straight lin to the westernmost comer of Map 13;Block 47, allowing new footnote 23' '23 Minimum required setback from rear or side property lines shall hefive(5)flux for Sheds asimilar non-habiible ARTICLES 21315 P41 and BELCHER WELLS Thence northerly in a straight line to the westernmost comer of MOP 13,Black 41' structural net exceeding 120 square fall in pcor area a 12 feet In height", GROUNDWATER PROTECTION DISTRICTS Theme northwesterly in a straight line to a pant.the ncdhem Property line of Map 73,Block 51 located 360.41 or take any"her action relating Memo. feel,measured along said property line,west of the northeast miner of mid parcel, Submitted by me Pinning Bmrd xr Therm northwesirly in a straight line I a pont an the nortlnvaslem property line"Map 9,Bkxk 1 located 680 Explanation: Currently sheds must meet the sideline requirement of either a fifteen(15)or twenty five(25)foot fcet,measured slag mid property line,from me westernmost carrier of mid Parcel, "Mack from the rear or side line. It becomes difficult on small lots to locate small sheds,either because the setback requirement would place the Shed in the mkdnde of their yam,over their sopfic system or require them to _ Thenen northerly alonga straight line to me northernmost cornet of Map 9.Block 6,which se Icetal at the appy to the Board of Appeals for a Verlance. Allowing,five(5)fool Setback from the rear or side Property line will Mesmpee I Sandwich town line. .. ease me restriction on small structures(sheds)where 9 is impossible to most current setback requirements. Thence northwesterly.along said loop line to the point of beginning.- The Board eginning,"TheBoard of Selectman and the Fl nance Committee recommend approval. or Wks any"her action reading Neral. T� Submitted by Manning Board Article 14 e /' Explanation: This article amends an existing Groundwater Protection District boundary to rated the approved To see 4 US Toxo will vole to amend the zoning byte.by amending Subsection 174-79.8.to add a new subsection T MASHPEE "Zone II"recharge area of the Mashpee Water District's`P-11"well (6)as follows: y�V ` MOND The Board of Selectmenrecomm„ndse approval- '(6) pproval'(6)Beginning at the more of John's Pond at the northernmost caner of the parcel shown on the FY 2000 Mashpee Assessors Maps as Map 58,Block 22; /- The Finance Committee to make mono mandxlion M Town Meeting. Thancesoutheastrly along astraight line to the mmhwestern comer of Assessors'Map 58,Black 24; ,ti`,,//c OTIS > - P-11 and BELCHER WELLS Thence southeasterly along the western Property line of said parcel to it intersection with Cayuga Avenue, ANGS ARTICLES 21 315-f� - GROUNDWATER PROTECTION DISTRICTS b Thence southeasterly in a straight Me to the scuthmsl corner of Assessom'Map 58,Block 7 Thence southeasterly m a de Bine of W it the Smth rive; t pant of FY 2000 Melrose Assessors'Map 86,Block 6, which is on the northern side line of Wampanmg9rive; Thence southeasterly,southerly and westedy along the northern and eastern side line of Wamparmil Drive; Thence Soumeastetly,southerly and westrty along the eastern side line of Amex Circle to the Southwestern comer / of FY 2000 Valises Asmssom'Map 66,Block 30: Thence Southwesterly to the southwest turner"Said parceC L MA, PEE Thence Southwesterly in a Straightline Inme easternmost comer of Assessors 73,Block 31, _ - �/ 7 ��\ / POND Thencaweshdy in a.negh,Jim to a point on the eastern side line of the layout of Old Barnstable Road located 250 feel northeasterly along mid side line from the w,,w.most caner of MOP 73,Block 46; a OTIS > Thence northwesterly in a straight line to the southwest comer of FY 2000 Mashone Assessors Map 65,Block - pitta 39A; Thence nathwestrly in a straight line I the northwestern comer of said parcel; Thence northwesterly n mMm mPOND a Straight line to the westecorner of Map 65,Block 44: ac POND a.c - ``•;.. . Thence northwesterly in a mughl JIM to me southeast comer of Map 65,Black 48;. p Theme northwesterly in a Straight line to the Southeast comer of Map 65,Blmk 119F; Article 16 Thence MMwesirty in a straight line to the southeast corner of Map 65,Stock 119J; To see d the Town will veto to amend tie zoning bylaw by adding a new Subsection 174-25.H.(10)to read as Thence wasterly so ma southwest caner of said parcel; follows. l Thence noMwestedy to the northwest corner of Map 65,Block 126; - "(10)Parking or savage for mom man 30 days of Seared J fired material handling and min-moving Vehicles ant other construction equipment and any other vehicles ria eligible for unrear ed travel over public reads,in Thence nordmi esiM in a straight One to the Southeast comer of Map 65,Block 101: of aver-the-road trailers,sloragethiMing contaknam,temporery freestanding buildings or construction trailers j 0 or similar mnetruction related equipment.on any residentimly-zoned parcel for which a building Permit has not r Thence northwesterly in a straight line to the southeast corner of Map 65,Block 99;. - been received a has lapsed,or on anon aiddenfial property,on which a building permit has not been received or o a has lapsed or.which Said or storage has not been specifically permitted by the Town.or Parking or storage for Thance northwesterly in a straight line to the northwest comer of said pao el; mise than 30 days of mipxbw.Gides oreguipment within a publica privet most layout which is not actively under. Thenen noMweslerlynaslreigMnel Jim me southeast tuma"Map 65, Bleck 97; construction Nmuant w eaubays m approval or other valid. rsauedby the Town or me Commaiwealm." Thence northwesterly In a straight line I the northwest corner of said panel. and to indicate by no designation under all zoning district columns that soch um is net Pemitted,a take any other ' action relating themki. .JOHNS est Thence mmhwestdy in a straight line W the southwest comer of Map 65,Black 2; - POND 61L Submitted by the Planning Board -� ®. Thance northeasterly along the Spee of John's Pots to the pdntof heginning." .Explanation: TNs artkle is int Wed to pmhiM bhp-term storage of amearedion vehickes and equipment not - - or take any other scion misting Mamie. related to active construction skies or not otherwise specifically Permitted. _ - Continued On NeXt Page