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<br />Article 13. To see if the Town will vote to raise
<br />and appropriate the sum of $150 for Seed-Quahaugs to be
<br />planted in the closed area of the Waquoit Bay to be
<br />expended providing the State co-operates or take any
<br />other action thereon.
<br />Not recommended by Finance Committee.
<br />Indefinitely postponed
<br />Article 14. To see if the Town will vote to raise and
<br />appropriate the sum of $400 for a shellfish warden or
<br />take any other action thereon.
<br />Recommended by Finance Committee.
<br />Amended to react S 200 o"
<br />?rticle 15. To see if the Town will vote to authorize
<br />the Selectmen to reopen the Popponessett Bay for
<br />Quahaug fishing and to take the necessary steps with
<br />the State Department of Health for approval or take
<br />any ot::er action thereon.
<br />Recommended by Finance Committee.
<br />Voted as read
<br />Article 16. To see if the Town will vote to request
<br />the Selectmen to charge $2.50 for Shellfish permits for
<br />non-residents for family use or take any other action
<br />thereon. .
<br />Not recommended by Finance Committee.
<br />indefinitely postponed
<br />Article 17. To see if the Town will vote to raise and
<br />appropriate the sum of money for the support of School
<br />and State Aided Vocational or take any other action
<br />thereon.
<br />Recommended by Finance Committee.
<br />Voted as read
<br />Article 18. To see if the Town will vote to accept
<br />and adopt the following proposed By -Laws and Zoning
<br />Ordinances for the Town of Mashpee or take any other
<br />action thereon.
<br />Not recommended by Finance Committee.
<br />Ind6finitely postponed
<br />NEW PROPOSED ZONING BY-LAW `
<br />Notice is hereby given that a pub- the time of the acceptance of this
<br />lic hearing will be held on Monday,
<br />by-law by the inhabitants of the
<br />February 17, 1941, at 7:30 o'clock Town of Mashpee.
<br />P. M. in the Town Hall in Mashpee,
<br />Section 2. This by-law and any
<br />Barnstable County, Massachusetts amendments hereto shall not apply
<br />upon the adoption of the proposed to existing buildings or structures,
<br />By -Law and Zoning Ordinance for nor to the existing use of any build -
<br />the Town of Mashpee.
<br />ing, structure or land to the extent
<br />Steven A. Peters,
<br />of which W is used at the time of
<br />Theodore Jonas.
<br />the adoption of this by-law.
<br />no building or premises shall be
<br />Section 3. Classification: For the
<br />purpose of this by-law the Town of
<br />For the purpose of promoting the Mashpee is divided into four
<br />types
<br />health, safety, convenience, morals of districts designated as follows:
<br />and welfare of its inhabitants the
<br />1. A District -Residential
<br />following by-laws are hereby estab-
<br />2. B District -General Residential
<br />lished for the Town of Mashpee,
<br />3. C District -Business and In -
<br />pursuant to the provisions of Gen-
<br />dustrial
<br />eral Laws (Ter. Ed.) Chapter Forty,
<br />4. D District -Unclassified
<br />Sections Twenty-five to Thirty A
<br />Said districts are as shown, de -
<br />and amendments thereto,
<br />fined and bounded on the map ac -
<br />Section 1. Definitions. In this or
<br />,other by-laws hereinafter adopted
<br />companying this by-law entitled,
<br />"The
<br />by the inhabitants of the Town of
<br />Zoning Map of Mashpee,
<br />Mass., dated January, 1941, drawn
<br />• Mashpee the following words shall
<br />by Whitney and Bassett", signed by
<br />have the following meanings:
<br />the Selectmen and on flle with the
<br />(a) Family: Any number of in-
<br />Town Clerk and said map and all
<br />dividuals living and/or cooking to-
<br />explanatory matter thereon are
<br />gether on the premises as a single
<br />made a part of this by-law.
<br />housekeeping unit.
<br />Section 4. Residential A District.
<br />(b) Dwelling: Any building used
<br />In a residence A District no build -
<br />in whole or in part for habitation.
<br />ing shall be erected or altered and
<br />(c) Single Family House: A dwell-
<br />no building or premises shall be
<br />Ing designed for and used by a single
<br />used for any purpose except:
<br />family.
<br />1. Detached one -family dwelling;
<br />(d) Apartment: A dwelling de-
<br />2. Private club not conducted for
<br />signed for and used by more than a
<br />profit and not containing more than
<br />single family.
<br />five sleeping rooms;
<br />(e) Hotel or Lodging House: A
<br />3. Church;
<br />hotel or lodging house is a building
<br />4. Educational use;
<br />or combination of buildings design-
<br />5. Farm, poultry farm, garden, or
<br />ed for and/or used for paying
<br />nursery, selling only produce or
<br />guests, permanently or transiently,
<br />plants the major portion of which
<br />where more than five (5) rooms are
<br />is raised on the premises, and ex 'd
<br />used for such purposes.
<br />eluding any use injurious, noxious i
<br />(f) Lot: (1) That area of land
<br />or offensive to the neighborhood;
<br />used in connection with and adja-
<br />6. Mugicipal recreational use;
<br />cent to any building or buildings at
<br />7. Accessory use on' the same lot
<br />the time of the adoption of this
<br />with and customarily Incident to any
<br />by-law; and
<br />.
<br />of the above permitted uses and not
<br />(2) That area of land described
<br />detrimental to the residential neigh- .
<br />in an application for a permit af-
<br />borhood. The term "accessory use"
<br />ter the adoption of this by-law.
<br />shall not include:
<br />(g) Accessory Building: A building
<br />(a) A garage for or storage of
<br />customarily used Incident to and
<br />more than three automobiles unless
<br />located upon the same lot with an-
<br />authorized by the Board of Appeals;
<br />other building.
<br />(b) Storage of more than one
<br />(h) Unclassified Land: All land
<br />commercial automobile except on a
<br />within the Town of Mashpee not in-
<br />farm.
<br />cluded in an A, B, or C District at
<br />(c) The taking of lodgers_
<br />173
<br />(d) Advertising signs except those such application the Selectmen may
<br />pertaining to the lease, sale or use
<br />classify the land described in the
<br />of a lot or building on which they
<br />petition in such manner as they
<br />are placed, and not exceeding a
<br />deem for the best interests of the
<br />total area of six square feet.
<br />town.
<br />Section 5. Residential B District.
<br />Section 8. Lots.
<br />In a residential B District no build-
<br />(a) In an A District no lot shall
<br />ing shall be erected or altered and
<br />be laid out, nor any sub -division
<br />no building or premises shall be
<br />made unless such lot or lots in said
<br />used for any purpose except:
<br />subdivision shall have an area of
<br />1. Any use permitted in a resi-
<br />not less than 20,000 square feet of
<br />dente A District;
<br />land, and no building shall be erect.
<br />2. Dwelling, including apartment
<br />ed on any such lot the width of
<br />or tenement house but not a hotel;
<br />which is less than 100 feet measured
<br />3. Private club not conducted for
<br />through that part of the building
<br />profit;
<br />where the lot is the narrowest. No
<br />4. Any of the following uses, pro-
<br />part of any dwelling shall be placed
<br />vided it is not injurious, noxious or
<br />within 30 feet of any public or pri-
<br />offensive to the neighborhood, and
<br />vate way, nor within 15 feet of the
<br />only if authorized by the Board of
<br />side line of any lot, and no part of
<br />Appeals:
<br />any garage shall be placed within
<br />(a) Alterations otherwise prohib-
<br />40 feet of the front line nor within
<br />ited, of a dwelling, existing at the
<br />15 feet of the side line of the lot
<br />time this by-law is adopted for
<br />on which the garage is built.
<br />.more than one family;
<br />(b) In a B District no lot shall be
<br />(b) Aviation field;
<br />laid out, nor any subdivision made
<br />(c) Cemeteries;
<br />unless such lot or lots in said sub -
<br />(d) Golf Club;
<br />division shall have an area of not
<br />I (e) Gravel, loam, sand or stone
<br />less than 7500 square feet of land,
<br />removal;
<br />and no building shall be erected on
<br />(f) Greenhouse;
<br />any such lot the width of which is
<br />(g) Hospital, convalescent home,
<br />less than 50 feet measured through
<br />sanitarium, institution, or Phil=-
<br />that part of the building where the
<br />,thropic use;
<br />lot is the narrowest. No part of any
<br />(h) Ice harvesting and storage on
<br />dwelling shall be placed within 30
<br />the same premises;
<br />feet of any public or private way,
<br />(i) Municipal use;
<br />nor within 10 feet of the side line
<br />(j) Riding stable;
<br />of any lot, and no part of any gar -
<br />(k) Telephone exchange, not in-
<br />age shall be placed within 40 feet
<br />cluding a service station or outside
<br />of the front line nor within 5 feet
<br />storage of supplies.
<br />of the side line of the lot on which
<br />Section 6. C District -Business
<br />the garage is built.
<br />& Industrial. In a business and in-
<br />(c) No way shall be laid out or
<br />dustrial district no building shall
<br />dedicated to the use of any person
<br />be erected or altered and no build-
<br />other than the owner of the fee
<br />ing or premises shall be used for
<br />therein and his immediate family
<br />any purposes injurious, noxious or
<br />and guests, unless such way is at
<br />offensive to a neighborhood by rea-
<br />least 40 feet in width, excepting
<br />son of the emission of odor, fumes,
<br />that this requirement shall not ap-
<br />dust, smoke, vibration, or noise or
<br />ply to the areas designated as
<br />other cause.
<br />Monomoscoy and Seacomett on the
<br />Section 7. D District -Unclassified.
<br />Zoning Map.
<br />Any part or all of any unclassified
<br />Section 9. Permit. On and after
<br />District may be classified and be-
<br />the date when these by-laws become
<br />come a part of an A, B, or C Dis-
<br />effective, a permit issued by the
<br />trict as designated in these by-laws.
<br />Selectmen shall be required for the
<br />Application for classification shall
<br />erection or alteration of any build -
<br />be made to the Selectmen in writ-
<br />Ing or other structure within the
<br />Ing. The Selectmen shall order such
<br />Town of Mashpee subject to statu-
<br />notice as they deem for the best
<br />tory exception. The Selectmen may
<br />interests of the town and shall hold
<br />require such information relative to
<br />a public hearing or hearings on such
<br />the erection or alteration of any
<br />application. After a hearing upon
<br />building as they may deem neces-
<br />sary for the best Interests of the
<br />or more detrimental or objection -
<br />town. Applications for building per-
<br />able to a neighborhood.
<br />mits shall be accompanied by a plat
<br />3. Limitation on Restoration. No
<br />of the lot in duplicate showing the
<br />building which has been damaged by
<br />actual dimensions of the lot and
<br />fire or other cause to the extent of
<br />the location and size of the build-
<br />more than three-quarters of its
<br />ings already upon the lot, and of
<br />value shall be repaired or rebuilt
<br />the building or structure to be erect-
<br />except in conformity with this by -
<br />ed, together with all streets or ways
<br />law unless the Board of Appeals so
<br />adjacent to said lot. A record of
<br />authorizes.
<br />such applications and plats shall be
<br />Section 13. Enforcement. These
<br />kept on file in the office of the
<br />by-laws, and any amendments there -
<br />Selectmen. The Selectmen may
<br />of, shall be enforced by the Board
<br />waive the strict compliance with
<br />of Selectmen. They shall issue no
<br />this regulation if it appears to their
<br />permit for the erection or alteration
<br />satisfaction that it imposes a hard-
<br />of any building or structure, or part
<br />ship on any person or persons.
<br />thereof, unless and until they are
<br />Section 10. Height of Buildings.
<br />satisfied that the plans and specifi-
<br />No dwelling in an A or B District
<br />cations and intended use are in con -
<br />"shall exceed two and one-half star-
<br />formity with this by-law,
<br />ies in height and shall not exceed
<br />Section 14. Board of Appeals.
<br />)thirty-five feet in height. This lim-
<br />There shall be a Board of Appeals
<br />itation of height in feet shall not
<br />of three members appointed as pro -
<br />apply to chimneys, tanks, pent-
<br />vided in section thirty of chapter
<br />houses, or other necessary features
<br />forty of the General Laws, as a -
<br />i usually carried above roofs.
<br />mended, which shall act on all mat -
<br />Section 11. Sanitation. No outside
<br />ters within its jurisdiction under
<br />privy shall be erected or maintained
<br />this by-law in the manner prescrib-
<br />within 10 feet of any lot line, nor
<br />ed in said section and subject al -
<br />within 25 feet of any private or pub-
<br />ways to the rule that it shall give
<br />lic way, nor within 50 feet of any
<br />due consideration to promoting the
<br />well or other source of water sup-
<br />public health, safety, convenience,
<br />ply. No septic tank shall be placed
<br />and welfare, encouraging the most
<br />or maintained within 10 feet of any
<br />appropriate use of land, and con -
<br />building, lot line or road line. No
<br />serving property values, that it shall
<br />part of any so-called surface drain
<br />permit no building or use injurious,
<br />from any septic tank shall empty
<br />noxious, offensive, or detrimental to
<br />within 25 feet of any lot line or
<br />a neighborhood, and that it shall
<br />road line, or within 50 feet of any
<br />prescribe appropriate conditions and
<br />well or other source of water supply.
<br />safeguards in each case.
<br />No cesspool shall be built or main-
<br />Section 15. Penalty. Any person,
<br />tained within 15 feet of any lot or
<br />firm or corporation violating any of
<br />road line, nor within 50 feet of any
<br />the provisions of this by-law shall
<br />well or other source of water supply.
<br />be fined not more than twenty dol -
<br />Section 12. Non -Conforming Uses.
<br />lars for each offense. Each day that
<br />1. Continuation of Non -Conform-
<br />wilful violation continues shall con-
<br />ing Uses. Any lawful building or use
<br />stitute a separate offense.
<br />of a building or premises or part
<br />Section 16. Validity. The invalidity
<br />thereof existing at the time this by-
<br />of any section or provision of this
<br />law or any amendment thereto is
<br />by-law shall not invalidate any
<br />adopted may be continued although
<br />other section or provision hereof.
<br />such building or use does not con-
<br />All persons interested are reques-
<br />form to the provisions thereof, and
<br />ted to attend said hearing. '
<br />such building or use may on ap-
<br />proval of, the Board of Appeals be
<br />extended throughout such premises,
<br />LEO H. PETERS,
<br />provided such use has not been dis-
<br />continued for a period of one year.
<br />2. Change of Non -Conforming
<br />THEODORE JONAS,
<br />Uses. The Board of Appeals may
<br />permit any non -conforming use to
<br />Selectmen of Mashpee.
<br />be changed to any specified use not
<br />,
<br />. substantially different in, character
<br />January 24, 1941
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