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'Apply for a, QlAin>� 'permit And' Stam 'hove r;' be Permitted a$ en ec {}t "
<br />O'peratiana for rbatar ng r rebuiiding o p ssotY no roe#lil e'sfAitd:dn,',"acCes boy usif p
<br />4Iv n use, sign ertainin t a home bcccu, tie', Stared' nears fO th'e street .Ile
<br />!d}Nkriuchicetaatilto�he Thip gectlon entail pbtl° as herein• specified, Shell be per- the, 69104gg of the' setback of•:,
<br />not. a�ply iq:,Businesa i$ ri ta. mltte ,provided suchfeet signs be n0 '?"t on' -a ,tot no •.thele os 'If' tttigCa.,, .a
<br />g� n' all ,Dletrictsl thr9e' {3) square Meet In ,area, t lib'.
<br />4UIId no on e, lot \ fiezt thereto, en
<br />{a} Prbvided'th9 'Board 'of'-Appeais Offices for profOssirnai, use and cus.' the Seib 13 all be• twenty (20)•:foot'
<br />,first grant$ a special permit, therefor, tomary hams occupations such aS arts; unless there is a present exists
<br />crafts service businesses, antique and ng'-seb
<br />Ift2tyAg�e�Ubh non •conforming building or gift shops, q back, In s all Cass the •prsso existing
<br />0fll{t1Ci may be altered Or increased p . ar any use determined to be setback shall prevail, except:
<br />Cl It dr any such nonconforming use of a almllar character, sato determinafion (i}' Na building in the business
<br />8y `'Cxe' extended over all or any pert to be made by the Board of Appeals area on both sides of Routes, 28, 130,: or
<br />q}, t �a premISO$ upon which the same following a petition of the, land owner IS shall be nearer than fl
<br />y or owners and a s permit granted to the street line. tt9't50) feat
<br />ia. i 'fft1f8d at the time this by -low is Pec(�i
<br />ado tldv, it Is the intent of this para• therefor, including only uses conducted '111, MARINE AREA DISTRICT
<br />grppp filet On[
<br />lyyI� ppsubatantial•alterations re. In dwellings or In accessory buildings
<br />tgffr�uIiara odaspermit+edrnat) thandlaaoretlmnioof sons IIlvlvingonnlyethe,servicmises sand of pert to(ithestbuildng,$salerlrentall,,a istorag
<br />i thaliiding Inspector, more than one (1} rther employee, ex- and repair of boats and for the sale
<br />No such non-conformin use that cept that the occasf$nal of marine supplies.
<br />(,kl �).; •i g presence of
<br />I j itch discontinued for three Years additional employees on the premises iV� INDUSTRiAL XREA 'DISTRICT-
<br />-established D re•eatablished unless first au- shall not be prohibited, and further exF (1) In any (ndusirlal District, no
<br />t tharized by special permit from the Board cepting physicians, surgeons and den. building, structure or premises shall be
<br />i of , Appeals, , tlsts, which professions require clerical used and no alteration, enlargement or
<br />i „(e) The Board of Appeals May per. and medical assistants. Such permitted extension of an existing building or
<br />mit any non -conforming use to be cheng. accessory uses shall not entail any ex. structure shall be designed, arranged,
<br />ed to any specified Use not more dem- ternal changes In the structural form Or contructed which Is Intended or de -
<br />mental to a neighborhood, of the building. Permitted uses shall be signed to be used In whole or in part restricted to such as are not offensive except for one or more of the follow
<br />E. ACCESSORY USES - RESIDENCE by reason Of the emission of rdo:r, dust, Ing purposes:
<br />DISTRICTS smoke, gas, noise or vibration, or other- (a) Any use permitted in a bust -i
<br />t'I.a c es or uses pcstomaarril Id In ncident wise obnoxious such as by reason of ness district.
<br />par" the accumulation of materials or debris. (b) Lumber, fuel, feed and Ice es=
<br />residence district and not -lair!- (3) The taking of not more than tablishments, and contractor's
<br />mento a residential particular
<br />shall six (6) lodgers in an yards.
<br />A"
<br />J,ticulta,ir�
<br />:dlstrpletmitted In that particular resident¢ Y dwelling. use,(c) Any manufacturing or industrial
<br />(b) Size of Lots -No building, ex -
<br />2. The term Accessory Use" shall sept one-story buildings cf accessory use, (d) Automobile dismantling or used
<br />not include: shall be erected on a lot less tylan one 'parts yards and junk yards, 11 authorized
<br />(a) Any use not on the same loft hundred (100) feet frontage acid con- by a sPsciai permit granted by ,
<br />.the
<br />With the building to which it is accessory taining not less than ten thousand, (10,000) Board of Appeals. : -
<br />liiiless'authorized by the Board of Ap. square feet, provided that one (1) one- (e) No building permit shalt:,;<be
<br />goals: family dwelling and its accessory build. granted under this' section for any' se'
<br />Ings may be erected on a^ which might {y1�
<br />{IS} ' A*garage or storage for •tam- Y !rf which 9ht grave njurious #d "ge
<br />r erciai vehicles unless authorized by at the time this by.taw is adopted is safety or welfare of the immedlatg,
<br />-- ^rythe\ Board of Appeals. separately, owned. neighborhood, and destructive Of ;grope&
<br />R'I kTICLE 48 (c) Advertising sign's except those (c) Front Yards -No building enact ty values\ because; of any_ eXdessive
<br />CH)'. T@ LAWS pertaining to the lease or sale of a lot be erected within twenty (20) feet from nuisancecases where the
<br />1 the side Eine of the road, nor -loser
<br />1. shpee .- t or building on which they are placed, h type of business
<br />`•„t„ t F ',_. A CN�Ietts and not , exceeding twelve (12) square 1Kan fifteen (15) feet from lids lines or
<br />Or industrial operation' necessarily' pro,
<br />feet in total area; provided that on a rear lines of the lot. duces noise, dust, or air-polEutfotr which
<br />la is let occupied by a dwelling house there 3. R-150 Residence, District: might adversely affect other owners or
<br />la "Th Y,pU�peh ;Ith chase b and gen, (a) Use•No.�uilding shall be erected Occupants in the neighborhood, It shad
<br />tpt;.Pramgo lip may safety, may not be more than two (2) signs be the duty of the Building inspector
<br />to , •, Welfare of ,,the, inhabitants of the with a total area of not more than or altered and no building or premises to refuse to issue a building
<br />Mashpee:to protect and conserve three (3) square feet, pertaining to the shall be used for any purpose except: without prior a g 'permit
<br />th& al' e' .e{ ;property Within the town, use of or accessory use of such build- (1) Detached one -family dwelling. withAppout
<br />and a proval decision of etbBeoard, ,of'
<br />4 t, tp amenities of the town, Ing. (2) No building shall be used for of Appeals a Board
<br />- to"blicraasa ,;• from fire, congestion 3• in business and industrial areas, the purpose of taking lodgers except approving the lssuance 'of
<br />and to secure safety no advertising signs shall exceed a width a bulldin
<br />Ot eon4ustbnl' all in accord with the where such use of a building lawfully g permit under this seHfon bf
<br />General :t 660'ws. chapter 40A, Sections one greater than one-half of the building exists at the time this by-law Is adopted. the by -taw shall not Issue unless: the,
<br />(t): to 49NentytWo (22), inclusive, as frontage, nor a depth exceeding twelve cept(b one-story Of buildings oflldano, ex -'said Board has a prior written opinion
<br />(12”) Inches. The use of neon or similar Y from the Board of Health wherein '.the
<br />J aMended" gases is prohibited for advertising pur- Board of Health may
<br />B. ESTABLISH aEN Aas OF DISTRICTS
<br />Rhereby poses, as is also the use of continually one hundred fiftyte(150) feet! wide Land proposed business or comment
<br />on
<br />1. The entitled flashing tights. lv = containing not less than twenty-two tion and make. such recommendations
<br />divided, as shown on the Map thousand five hundred (22,500) square as to, It may seem desirable. The' re.
<br />"Zonng Map, Town of Mashpee, Massa- F. 70NING DISTRICTS feet, provided that one (1) Onefamii qu)rement of a prior written opinion from
<br />t Town Clerk, into the I. RESIDENCE DISTRICTS: dwelling and its accessory buildings may the Board of Health shall be .,deemed
<br />chusetts", dated; November 3, 1459, and 1. R•7S Residence District: Y P
<br />filed • with' he be erected on any lot which, at the to be waived, however, !f. the 'same
<br />following districts: R -7S Residence D!s- tai Use, In a R-75 Residence D(s- time this by-law is adopted, is separately be delayed for more than seven, days
<br />tract, R-100 Residence District, riot, trict, no building shall be erected Or owned. beyond the data of the hearing held
<br />Residence. District, • Business District, altered and no building or premises (c) Front Yards -No building shalt before the Board of Appeals.
<br />Marine Area ,District; and industrial Die• shall be used for any purpose except: be erected within thirty (30) feet of a G. ADMINISTRATION
<br />tract, Sold .map, ;and .such amendments (1) Detached one or two-family street line, provided that no butldEng 1. Board_ of Appeals=AA Boardr of
<br />to tY as, shall be duly enacted, shall be dwelling need be set back more than the average Appeals shall be appointed by the Select -
<br />considered an integral part of this BY (2) The taking of not more than men. The Board shall consist of thine'
<br />t of ins setbacks of the buildings on the
<br />_ law, Boundarfes'of Yoning districts Shawn ten (101 cadgers by a family resident in members and each shall be appointed.
<br />on Said map, obeli ,I�a assumed to be tots next thereto on either side, a ore PP
<br />the dwelling. cant lot one hundred (100) flet or more to the Selectmen to hold office for, the
<br />accurate. {3) Any of the following uses, pro- fn width or a lot occupied by a build• term Of three years, or untiii his sUc-
<br />C• PERMITTED USES are permitted vided the Board of Appeals authorizes Eng set back more than thirty (30) censor is appointed and qualified. In
<br />t. The following ' a special permit therefor: Hotel, board- feet. case of vacancy, Inability to act, , or
<br />in all Districts: se farm. agricul- ing house, lodging house, apbrtment (d) No building to be erected closer interest on the part of a member of
<br />{a) General\ purpo house, or dwelling house, otherwise not than fifteen (15) feet from sidelines or the Board, the Chairman of the Board
<br />ture garden, greenhouse or nursery, permitted. of Appeals may designate an associate
<br />seili�l9 only produce or plants the major P i1. BUSINESS DISTRICT protem to act In his pfaee:
<br />setllbportion of which is raised locally in the (b) Size of tats — Na building, ex- member
<br />portio of Mashpee or on property owned cept one-story buildings of accessory use, (a) Use: Any use permlM;' in $.Three associate members shall also be
<br />by.a resident or residents of the Town shall be erected on a lot less than Residence District, subject to, is lot appointed by the Selectmen, to hold
<br />by a resident
<br />or excluding any use in- seventy-five (75) feet wide and contain- area, c setback,
<br />in the eiine, and re - lin Office under the \same conditions as
<br />jf iMsr noxious, -or offensive to the fig less Than seventy-five hundred (7500) 1 regular members.
<br />square feet, provided that one (1) one- tr)ct. 2. The Board of Appeals may In
<br />neighborhood• family dwelling and its accessary build- (b) Any other business, storage, appropriate. cases and ,subject to .lap,:
<br />(b) Church use. Ings may be erected on any lot which warehousing, or light manufacturing op- Propriate conditions and safeguards make
<br />(e) :Educational use, provided that, on the date these by-laws are adopted Orations, provided that the Board of exceptions to the terms of the . zoning
<br />+� in.,the case of,noq•religious educational Is separately owned, the owner thereof Appeals shall find: by-laws In harmony with their general
<br />usad:..they shall be non -Profit enterprises not owning adjacent 'land. (1) That adequate provision will purpose and Intent.
<br />of a tyl subject to regulation by the 2. R-100 Residence District: be made for off-street parking, loading 3. Special permits.
<br />State Departlnent'of Education. (a) Under all sections of the zoning
<br />e Munkikal, municipal recreation or aa) Use;
<br />endo building building or b premed circulation;'dunloading, and handling of vehicylar by-law where the granting of special
<br />or :water SUIP , .use• �P?rmits Is specified, a petition shall \ be
<br />(e}, Hosppital , or sanitarium use. shall be useafor anyn-family se dueling, so designedhaa d ¢ Aerated that itiitwt 11 Jtlad with the Board of Appeals.; , >,
<br />-' D. NON;-.0OiJFORMING USES(b) A decision of the Board of: Ap-
<br />1t Any.'lay@ful-building or lawful use except that alterations of single family not be flkely to be obnoxious, Injurious, peals on a petition for special -'permits
<br />Of 'a building or premises or part there- units may be permitted, to allowgranting or ha(3) d us to the
<br />combnaorhood; et 'shall be by a majority vote of the Board
<br />_ of, jn:,t ie: Town: i#,Mashpee existing at as a two-family unit b the backs and screening by planting t. and shall be \ based on consideration of
<br />the 3Eme this by-laW is adopted may be of a spedal Iternllt. the following factors:
<br />trntlnued. alfhoiigh, Such building or use (2) in addiction to accessory yeas structures will be such as to insure (1) Whether or not the, petition
<br />does nof•cotdorm to. the Provisions here- permitted under Paragraph E . of thio against any detrimental affect upon ex- falls within the category , specifically
<br />.. by-law the following vacs maY be Per- Isting or potential use of adjoining prop- excepted by the by-law.
<br />of.2..-Any :,such -0 fire building miffed, subject to the -operator living ertles. A junk yard or yard for storing, (2) An evaluation of. all the evi-
<br />Which ha$, been (lmafted by fire or other upon the premises and to the limitations wracking or dismantling non - operable dente presented at the hearing by: the
<br />cause for any ektenfi may be repair stated harem, A btilboard, R ignixlard motor vehicles shalt be considered to petitioner and interested partfeV as.., it
<br />or Pebullti butt,the ,fetal floor area Sha F or advertising sign shall cads be adequately screened only if v is relates to the fulfillment of the spirit
<br />not .ha' increasadl tkss first a Rhoriz be permitted as an accba U xcept entfaty surrounded by sight -impervious and Intent of the by-law without:', sub
<br />by jai: r. "frpm the Bdard as heain �$pKHled. TheIf
<br />act of a fence .or evergreen planting. stanttai detriment +o, the •public, \good,
<br />tApi afs; af}ei,'plo'fid-ft4 said owner $h t "For Sale' or "For ROnto,sign shall, (c) No building shall be erected and (c)' A special permit 3 aS=, brtegms
<br />void it eat made use of In ;tf)e' .an=
<br />-. - • tended manner �withini,tvretye.,(12
<br />Entorcemeht:•, \ ,. `5
<br />(a) -The -c-mill 84 Police,'
<br />.k pncatlon'., of the Inspector - ot_.0
<br />or a member of the Board at,
<br />shall cause compl6int-to. 'he' ta„ .
<br />- tore the orover court for ahy.r_. at , -
<br />fined not more than twenty ($20,00)
<br />dollars.
<br />(b) The Board of Selectmen, upon
<br />application of the inspector of Build.
<br />Ings, shall institute proceedings to en-
<br />_ force this by -taw and to \ enjoin the
<br />— — — construction, alteration, enlargement,.re-
<br />.yStit _.rr�sa of eny building, or
<br />hereoufse M any premises in violation
<br />(c) The inspector of Buildings may
<br />require any plans, documents or written
<br />statements under penalties to be filed
<br />with his office to verify the intended
<br />use of the premises.
<br />(d) The use of one (1) remedy
<br />shall not preclude a resort to any
<br />other remedy for the same violation.
<br />H. BUILDING INSPECTOR
<br />I. An inspector of Buildings \ shall
<br />be appointed and may be removed by the
<br />Board of Selectmen, who shelf fix his
<br />salary and provide for reimbursement
<br />for his incidental expenses In the per-
<br />formance of his duties.
<br />2. The Inspector of Buildings shall
<br />enforce all laws and regulations relating
<br />to the construction, alteration, repair,
<br />removal, demolition, equipment, use \and
<br />occupancy, location and maintenance of
<br />buildings and structures, except as may
<br />be otherwise provided. He shall inspect
<br />all building operations within the town,
<br />and shall have the. right of entry at
<br />reasonable hours. He shall require that
<br />all workmanship and all building ma-
<br />terials shall be of good quality, and
<br />that types and methods of construction
<br />shall be in accordance with generally
<br />Lice in accordance with Section fit Chap-
<br />ter 143 of the General Laws of the
<br />Commonwealth of Massachusetts. in case
<br />of violation of these regulations, he shall
<br />order, In writing, the suspension of the
<br />work, which notice shall state the con-
<br />ditions under which the .work may be
<br />resumed.
<br />1. RECORDS AND REPORTS
<br />1. The Inspector of Buildings shall
<br />keep records of applications, permits
<br />Issued, reports and notices or orders
<br />issued. He shall make a report to the
<br />Board of Selectmen annually, and at .
<br />such other times as requested by said
<br />Board.
<br />J: APPLICATION FOR PERMITS'
<br />1. It shall not be lawful to construct
<br />alter, remove, demolish or change the
<br />class of occupancy of any building or
<br />structure without first filing with the in-
<br />spector of Buildings an application In
<br />writing and obtaining a permit.
<br />2. An application for a permit shall
<br />be submitted In such form as the In -
<br />Spector of Buildings may prescribe, and
<br />shall be made by the owner or, his
<br />duly authorized representative.
<br />3. Applications for permits shalt be
<br />accompanied by such pians, 'drawings
<br />and other data as the Inspector of Build -
<br />Ings may require.
<br />4, In existing buildings minor repairs
<br />may be made without filing or obtain-
<br />ing a permit.
<br />K, PERMITS, INSPECTION FEES
<br />1. it shall be the duty of the in-
<br />spector of Buildings to act upon ap-
<br />piications for a permit or plans with-
<br />out unreasonable Dr unnecessary delay.
<br />2. The Inspector of Buildings shall in.
<br />spect all buildings or structures during
<br />construction to see that the provisions
<br />of these regulations are compiied with
<br />and the construction prosecuted safely.
<br />3., The fee for a building permit shall
<br />be establlshed k the Board of SeIKt-
<br />men.
<br />L. UNSAFE BUILDINGS
<br />Upon notice of an unsafe building the
<br />Inspector of Buildings shall proceed in
<br />accordance with the provisions of Gen-
<br />eral Laws, Chapter 143, Section 6 to
<br />12, Inclusive, and any amendments there-
<br />of.
<br />(If any provision of these zoning by-
<br />laws shall be declared unconstitutional
<br />or illegal by competent authority, thel
<br />validity of the remaining provisions of
<br />the by-laws shall not be affected there-
<br />by.)
<br />TOWN OF MASHPEE
<br />TOWN CLERK
<br />MASHPEE, MASSACHUSETTS
<br />March 16, 1961
<br />Attorney General
<br />State House
<br />Boston, Mass.
<br />Att: Mr, Richard M. Dray, Esq.
<br />Dear Sir:
<br />At the Annual Town Meeting held on
<br />March 6, 1961, the followigt Article
<br />was voted upon:
<br />Article 48, To see If the Town will
<br />vote to adopt the following Zoning BY -
<br />Laws for the Town of Mashpee, or to
<br />any other action thereon.
<br />ACTION: Article accepted as read.
<br />'Voted 36 for, 3 opposed.
<br />ATTEST:
<br />(s) Carol A. Lopez
<br />Carol A. Lopez
<br />Town Clerk
<br />Boston, Mass, March 30, 1961
<br />The foregoing zoning by-laws are
<br />hereby approved.
<br />t (s) E. J. McCormack, Jr.
<br />Attorney General
<br />
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