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<br />Article 43. To see if the Town will vote to accept a By -Law regulating and re-
<br />stricting the height of structures or objects of natural growth in the vicinity of the
<br />Otis Air Force Base by the creation of airport approach protection regulations estab-
<br />lishing the boundaries thereof: _
<br />MODEL AIRPORT APPROACH BY-LAW
<br />In pursuance of the authority conferred by Chapter 90, Sections 40A through 40I
<br />Inclusive of the General Laws and for the purpose of promoting the health, safety
<br />and general welfare of the public by preventing the creation, establishment andi'matn-
<br />tenance of airport hazards, thereby protecting the lives and property of users of the
<br />Otis Air Force Base and of the occupants of land in its vicinity and preventing
<br />destruction or impairment of the airport and the public investment therein;
<br />Section 1. This by-law shall be known and cited as the "Airport Approach Pro-
<br />, ` tection By -Law of the Otis Air Force Base."
<br />Section 2. As used in this by-law, unless the context otherwise requires:
<br />(a) "Airport",, mean the Otis Air Force Base. - -
<br />(b)"'Airport Approach Zone", means any airspace above the areas defined and
<br />shown on a map entitled Map of Approach Zones, Otis Air Force Base, Town
<br />of Mashpee, Massachusetts, dated February 12, 1957 and which is attached
<br />hereto and made a part hereof.
<br />(c) "Airport Hazards", means any structure or tree which extends into any air=
<br />port aproach zone.
<br />(d) "Administrative Agency", means the Mashpee Planning Board (Board of
<br />Selectmen) which is hereby designated as the agency charged with administer-
<br />ing the regulations herein prescribed.
<br />(e) "Person", means any individual, firm, partnership corporation, company; also-
<br />ation, joint stock association; and includes any trustee, receiver, assignee or•
<br />the similar representative thereof.
<br />(f) "Structure", means any object or structure installed by man, including any,
<br />object regulated or licensed under any other provision of law.
<br />(g) "Tree", means a tree. or, the object of natural growth.
<br />Section -3. It is hereby declared that the existance of any airport hazard endangers
<br />the lives and property of the users of the Otis Air Force Base and the occupants of the
<br />land in its vicinity, and effects a reduction of the area available for the landing, taking
<br />off and maneuvering of aircraft, thus tending to impair the utility of the airport and -
<br />the public investment therein. Accordingly, it is necessary in the interest of public
<br />health, safety and general welfare that the creation, establishment or maintenance of
<br />airport hazards be prevented by exercise of police power, without compensation to any.
<br />person, except as herein specifically provided. -
<br />Section 4. Except as otherwise provided in this by-law no structure may be
<br />erected or altered or any tree permitted to grow or be maintained to a height which
<br />would exceed the elevation as shown and indicated on the map referred to in Section 2.
<br />Section S. The limitations prescribed in this by-law,shall not be construed to re-
<br />quire removal, lowering or other change or alteration of any structure or tree not,con-
<br />forming to these regulations as of the effecting date thereof or otherwise interfere
<br />with the continuance of any such non -conforming use. Nothing herein contained shall
<br />be construed to permit any such non -conforming structure or tree to be substantially
<br />altered or repaired, rebuilt, allowed to grow or replanted so as to become a greater
<br />hazard to air navigation than it was on the effective date of this by-law.
<br />Section 6. The Mashpee Planning Board (Board of Selectmen) is hereby designated,
<br />as the Administrative Agency charged with the duty of administering and enforcing the
<br />regulations herein prescribed. The duties of such Agency shall include that of iheati4
<br />and deciding" -all permits under. Section 7. :ir,.�-"��•
<br />Section .7, Any person desiring to erect or increase the height of any structure;
<br />01 .to permit'the growth of any tree, in a manner not conforming to the Airpois Xp+
<br />;&,proach,Protection Regulations as herein established, or to establish the right so to do
<br />able
<br />apply
<br />to the Mashpee Planning Board for a variance from the regulations appllc
<br />property. Such variance may be allowed where a literal application:.oi
<br />:,enforcement of such:, regulation would result in practical difficulty or unneeessaiq -•'-
<br />.h'ardship and the relief granted would not be contrary to public interest. Any permit'
<br />or variance granted under' this section shall be conditioned as to require the owner -'.of
<br />the structure or tree'to permit'the Otis Air Force Base at its own expense to:instaA„
<br />Operate and maintain suitable obstruction markings or obstruction lights thereon::,', r ,
<br />Section S. This by-law shall have full force and effect from and after the l;d8te,
<br />of its adoption.
<br />Action; 87 for, 1,opposed. A quorum was present.
<br />&.`true .copyi :. "q
<br />t� r< i Elwood O MIUs, Sr„ Town' Clerk _ gni
<br />r� Boston, >�ada. � Y
<br />(� �� ��,�'�+.l�e6Ru?g Air�prt..ApProaoh Hy-LaW. i4 hereby app'rov@d. May�l ;
<br />t�,• lig: +br s t4Ei Nn,'.., t . �� •Ir f� r' .>., `i .:iCiEO•Ri(>F rA@y, �CBn
<br />227
<br />Legol lYot►ces
<br />NOTICE, OF PUBLIC HEARING
<br />Relative t.9 Airport Approach Regula-'
<br />tions withinthe Town of Mashpee affect-
<br />ing the Otis, Air- Force Base.
<br />Notice is: hereby given that the Select-
<br />men in and for the Town of Mashpee will
<br />hold a Public Hearing on February 27,
<br />1958, at 8 p.m, in the Town Hall, Mashpee,
<br />Massachusetts, in accordance with Ghneral
<br />Laws, Chapter 90, Section 40C, . for the
<br />purpose of submitting to said Hearing,
<br />and later 'to 'wregularly called Town Meet-
<br />ing, certain Airport Approach Regulations
<br />to be adopted at said Town Meeting, reg=
<br />ulating.and restricting the height of-strue-
<br />'tures or objects of. natural growth in the
<br />vicinity of the Otis Air Force Base by the
<br />creation ofj airport' approach protection
<br />regulationsd establishing the boundaries
<br />hereof. Said regulation to be set out in
<br />detail at"said public hearing.
<br />Frank E,'Hieks, chmn.
<br />Clara L. Bigelow
<br />William W. Mills
<br />BOARD OF SELECTMEN
<br />TOWN OF-MASHPEE
<br />2%10/58
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