12/29/1982 BOARD OF SELECTMEN Minutes

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t Oro is • �� REARDON & THOMAS W- # x ^' A ATTORNEYS AT LAW +� CORNER OF EEARSE'S WAY AND a 9SETT LANE 47 All POST OFFICE BOC 978 ` r ' H ANNIS. MASSACHUSETTS 136(31 .1O131EPH J. RE RDONX61 7? '7'71-4544 ,._J-,.. WILLIAM W. THOMAS ORLEANS OFFICE ADDRESS ALL CORRESPONDENCE TO HYANNIS ADDRESS 45 S93UTH ORLEANS LOAD ROUTE 28 December 22 ,, 1982 ORLE NB, MASS. 02653 (617) 5S-3125 Joseph Murphy, Exec. Secty,, Town of Mashpee P . 0. Box 1108 ashpee, NSA 02649 RE : Commercial vehicleBy-Law Dear Joe : You are right in that Section 6 . 3A 10 has already been used and that the Commercial Vehicle By-Law, if it is placed at this point in the By-Law, shotild bear the designation of Sub-paragraph 11 . Also , the By-Law I proposed has been improperly stated in the typed version that I pint on tape, in that it should have read "on private ways or public ways , excluding therefrom any such co merci_al vehicle . . . �# , The language suggested, which would read "in the Rl , R2 , and R3 Zones , " is intended to limit the effect of this permitted use, and conversely, the prohibited use, in the R1, R2 , and R3 Zones on1y . To avoid the problem you are posing concerning whether or not vehicles would not be allowed to part in any zone, meaning the C1 , C2 , or the Industrial Zone , I think it would be appropriate to indicate under- Sub-section I that this type of activity is permitted as an accessory use . I call your attention, by the way, to Sub-section- I . .- which addresses the issue of commercial vehicles parking on a residential lot and which, could be argued, would authorize the parking of commercial vehicles on the street in front of that lot . µ We should probably take steps to correct this , or address this issue, in con) n t ion with the Commercial vehicle By-Law Ban. Difficulty 'n addressing this .issue on a. p'iecemeal' l a.si ,, such as the Board of Selectmen is endeavoring to do herein, is clearly evident. A/policy must be established by the Board of selectmen as to what it ,ifs that they desire relative to this - Commercial Vehicle By-Law Ban. k Even at this late date, I am sti1-1 _ n p-. xtaa.*ma. to e a t4i r What the Board o .S.e1. , nQn ha in mni� d� r-e ati to to thi -Lado not know what is hoped &to be accomplished. Is the ban addressed to preventing all commercial vehicles in a residential area , or only some commercial vehicles in a residential area? Are we to tale into account the fact that some people who reside in a residential area own • commercial vehicle and use it f r transportation to and from their place of work? -Most pick--up trucks and van type tr•ucka are one ton or less , and- would not be prohibited by the proposedBy-Law,