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PAGE FIFTEEN
<br />Legal Notices Legal Notices
<br />TO'NN OF CHATHAM LEGAL NOTICE
<br />Board of Appeals TOWN OF HARWICH
<br />Public_ Hearing PUBLIC HEARING
<br />c _ _ the Chatham Upon the petition of the Cape & Vine-
<br />=-- - - a- s 'Mbe held in tnz Yarc Electric Company and the New
<br />--_- - e C -a -ham Fire ST.- En^,land Telephone and Telegraph Com-
<br />- P1A. Wednes- pant for permission to install one (1)
<br />- on ae zppEzl Joint ale on Chatham Road or Old
<br />_ o =_ '-_ - L'riEl Christie, Cou.n y Rozd, South Harwich. Chatham
<br />-^ =_-er River Cct- Road or Old County Road from Mohawk
<br />-y�rc, :jest Chatham, Lane easterly one (1) pole. The Select-
<br />---var.=�Ce under Section men will hold a hearing in the Town
<br />.O of - Pr:activeBy-Law Orifice Building on the 28th day of
<br />Z --r=,^ _onfroming ex- August, 1963 at which time all Interested
<br />_-- _ cc;rg for the storage paries may be heard.
<br />r y�= t -e Douglas Rockwood
<br />Milton H. Welt
<br />of ceats Ralph U. Brett
<br />,.;.RCELLA DANIELS I Selectmen of Harwich
<br />8 21 63
<br />,
<br />TOWN OF MASHPEE
<br />TOWN CLERK
<br />MASHPEE, MASSACHUSETTS
<br />June 26, 1963
<br />Vr. Erccke;
<br />Cr ✓: arcn 41h and Stn, 1963 the Annual Town Meeting was held In the Mashpee
<br />To:.n Hall with a quorum present. The following articles were acted upon as to]-
<br />.1
<br />Article 53. To see if the Town will vote to amend the present By -Laws by add -
<br />:ng to Chapter III, the following article V, to read as follows:
<br />ARTICLE V
<br />RE,%OVAL OF SOIL, SAND AND GRAVEL AND SAND PITS
<br />Section 1. No tap soil, sub soil, gravel, sand or other earth may be removed
<br />from the Town of t:,ashpee without first having obtained a permit from the Select-
<br />men. A permit v.ith conditions imposed where necessary may be issued for the
<br />removal of top soil, sub soil, gravel, sand, and other earth If the Selectmen, after
<br />a public hearing, shall so order, provided that no such permit shall be granted ex-
<br />cept upon written application and after a public hearing of parties interested and
<br />consideration of their evidence by the Selectmen; notice of said hearing being giv-
<br />en by publication of the time and place thereof in a local newspaper not less Than
<br />two weeks before said hearing, the expense of publication to be borne by the peti-
<br />tioner. After such a hearing, the Selectmen shall render a decision in writing, stat-
<br />ing the decision and the reason thereof to the applicant. Such permit may be re-
<br />moved.
<br />Section 2. No top soil or sub soil shall be removed from place to place within
<br />the Town of Mashpee from an area of ground consisting of more than 500 square
<br />feet unless the person removing such top soil or sub soil shall replant annually the
<br />entire area of such removal with rye, vetch, wheat, legumes or other soil plants,
<br />or plant with a permanent cover crop or reforest the area.
<br />Section 3. No sand or gravel shall be removed from place to place within the
<br />Town of Mashpee, except that a sand gravel pit may be opened and used for such
<br />purposes, if it is located 100 feet or more from a street line and no more than one
<br />entrance and one exit can be used. If such sand and gravel pit is opened and used,
<br />the owner shall burn or cart to the town dumping area all dead trees and stumps
<br />when any area thereof amounting to more than 5,000 square feet becomes unsuited
<br />for further use, and in such case, such area shall be replanted with trees or shrubs
<br />to prevent soil erosion.
<br />Section A. The foregoing By -Laws shall not apply to land in public use nor
<br />shall they apply to the case of materials removed or excavated for the purpose of
<br />improving grading, landscaping or cultivating the lot in which the soil, sand, gravel
<br />or other earth is located, nor for construction of buildings and the making of pub-
<br />lic or private improvements.
<br />Section 5. Any person violating the provisions of this By -Law shall be punished
<br />by a fine not to exceed $20.00 for each offense. Action: Motion made and seconded
<br />to accept article as read. Voted 29 for, 3 opposed
<br />ARTICLE: 56 To see if the Town will vote to amend the Town Zoning By -Laws by
<br />extending the present business area Southwesterly for one thousand feet on Route
<br />28, beyond the present business area at the Mashpee Rotary Circle. .
<br />ACTION: Motion made and seconded to accept as read. Voted 23 for, none opposed.
<br />ARTICLE: 57 To see if the Town will vote to amend Article 11, of Chapter 111,
<br />Zoning By -Laws by adding to Section F, Subsectional, R-75 Residence District the
<br />following: (c) Front Yards: No building shall be erected within twenty (20) feet
<br />at the side line of a street, nor closer than (10) feet to the side lines or near
<br />rear lines of the lot.
<br />ACTION: Motion made and seconded to accept article as read. Voted 21 for, none
<br />opposed.
<br />ARTICLE: 58 Under authority granted by Article 21 of the Annual Town Meeting
<br />Warrant of the Town of Mashpee, 5 March 1962, the Board of Selectmen submit
<br />the following: To see if The Town will vote to amend the present By -Laws by add -
<br />Ing to Chapter 111, to read as follows:
<br />ARTICLE IV
<br />RULES AND REGULATIONS, RELATIVE TO THE DREDGING OR FILLING
<br />WATERWAYS AND MARSHLANDS WITH THE TOWN
<br />Section 1. All applications for a permit to dredge or fill must conform with
<br />State and Federal statutory dules or requirements �.,,. ..,..crce .c M 09able
<br />nv'Section 2. All applications must be in writing or on a form prepared by the
<br />Board of Selectmen and available at the office of the Town Clerk and shall be
<br />accompanied by a filing fee of ten dollars.
<br />Section 3. An application for a permit shall state:
<br />a. The name and address (s) of the owner (s) and occupant (s) of the land
<br />effected.
<br />b. The exact area sought to be dredged or filled, identify by land marks
<br />or monuments or by an accurate plan or survey of The land, marsh, or waterway
<br />effected.
<br />Section 4. A public hearing shall be held on every application, which hearing
<br />shall be advertised at least seven days before the date of the hearing.
<br />NJ Section 5. Any person violating the provisions of this By -Law shall be punished
<br />by a fine not to exceed $20.00 for each offense.
<br />1 ACTION: Motion made and seconded to accept article as read. Voted 28 for, none
<br />opposed.
<br />1�ARTICLE 59. To see if the Town will vote to amend the Zoning By -Laws by add.
<br />Ii ing the following sub -paragraph to paragraph C, 1:
<br />"f. Public or private facilities for recreation, such as uses customarily incl-
<br />' dent thereto."
<br />TACTION: Motion made and seconded to accept.article as read.' Voted 24 for, none
<br />opposed.
<br />ARTICLE 60. To see If the Town will vote to amend the Zoning By -Laws, Chapter
<br />III, Article 11, by adding thereto the following section M, entitled, AREA REGU-
<br />LATIONS, Namely:
<br />M. AREA REGULATIONS
<br />L. Filled Land. No person shall fill any area in the Town of Mashpee with
<br />earth, concrete, or other material to a depth in excess of five (5) feet without a
<br />permit from the Board of Selectmen. Said Board may require an applicant for
<br />such permit to furnish such plans or specifications as the Board may deem neces-
<br />sary and any permit issued hereunder may contain such provisions, cond'flons or
<br />i limitations as the Board may deem proper. Any person aggrieved by any action
<br />of the Board of Selectmen hereunder shall have the right to appeal to the Zoning
<br />I Board of Appeals under the applicable provisions of the Zoning Laws.
<br />ACTION: Motion made and seconded to accept article as read. Voted 21 for, none
<br />,opposed.
<br />jiARTICLE 61. To see If the Town will vote to amend the Zoning By -Laws by in.
<br />serting the following sub -paragraph at the end of paragraph "F".
<br />;I "F" V. CLUSTER ZONING DISTRICT
<br />(1) If a plan of land, containing 100 or more acres in a single parcel or con.
<br />' tiguous parcels (disregarding streets, public or private easements, and creeks or
<br />other natural barriers), of which not less than 60 acres Is registered land, is sub.
<br />mitted to the Board of Appeals upon petition under Section 9.3; if the Board finds
<br />that development of the land shown on the plan on the cluster zoning principle
<br />' will fulfil the spirit and intent of this By -Law with substantial detriment to the pub-
<br />lic good; and if a portion of the registered land, sufficient to constitute a dom-
<br />inant tenement, is deed to The Town of Mashpee by a deed which states that the -
<br />land thereby conveyed is benefited by restrictions imposed thereby upon all of the
<br />land shown on such plan, which restrictions: (1) run, with respect to their burden,
<br />with all of the land shown on such plan; (11) are noted on or in the certificate or
<br />certificates of title to the registered portions of such land; (III) have a stated dur-
<br />ation of not less than the maximum period permitted by section 27 of Chapter 184
<br />of the General Laws of the Commonwealth of Massachusetts; (IV) contain the
<br />provisions for extension described In said section; and (V) have the effect, when
<br />considered in the aggregate, of:
<br />(a) Permitting no more than three dwelling units times the number of
<br />acres of registered land, and
<br />(b) Permitting no more than 870 square feet of area (including in such
<br />computation the sum of the floor areas of any building but excluding customer
<br />parking areas) times the number of acres of registered land to be devoted to com-
<br />mercial uses, other than recreational uses.
<br />THEN, all other provisions of this Section F, including but not limited to pro.
<br />hibitions on use and minimum lot size and frontage requirements shall not be ap.
<br />plicable to the registered land so long as such restrictions are enforceable, ex-
<br />cept that no part of such land may be used for industrial or obnoxious uses. If
<br />any of the unregistered land is subsequently registered and effectively subjected
<br />to the foregoing restrictions in favor of the dominant tenement, It shall thereafter
<br />be treated, for all purposes of this Section F, as if it has been so registered and
<br />subjected at the time of approval of the plan.
<br />(2)For the purposes of this section F. V., a "dwelling unit" shall not include
<br />detached buildings on any lot utilized solely for non-paying guests of the person
<br />or persons occuppying the principle dwelling unit on the same lot, but it shall in.
<br />clude each individual room or suite of rooms in any hotel or motel.
<br />ACTION: Motion made and seconded to accept article as read. Voted 25 for, none
<br />lopposed.
<br />Sincerely,
<br />Bernice L. Grant
<br />Town Clerk
<br />Boston, Mass., July 26, 1963
<br />The foregoing amendments to by-laws and
<br />zoning by-laws have been approved, with
<br />the exception of the stricken words in
<br />Article 58, which have been DISAPPROVED,
<br />Edward W. Brooke
<br />A true copy -
<br />Attorney General
<br />Attest:
<br />(Seal)
<br />Zo)ttu_ MAP
<br />Towm Of- MASHPI:i`
<br />MAe aI.0 MUi LT[e
<br />Foston, Pass., July 26, 2963
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