10/16/2006 Annual Town Meeting - Laserfiche WebLink

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with a Motion made to dispense witn reading of article. Motion to dispense with reading of article passes at 80.19 PM. Motion made by Selectman ikon Myers. Motion: I move Article 29 be voted as printed in the warrant, except for the phrase "or take any other action relating thereto". Motion passes unanimously at 8:20 PMO Article 30 To see if the Town will vote to amend the Zoning By-law as follows: Amend footnote 4 of the Section 174-31 Land Space Requirements Table by adding the following to the end of the first sentence: ", except that when any structure or portion of a structure is proposed to exceed forty (40 feet in height, construction shall require a Federal Aviation Administration (FAA) Determination of No Hazard or evidence of exemption from the determination process." Amend Subsection 174-45.3.E.(1) by adding the following sentence: "When any personal, wireless service facility or portion thereof is proposed to exceed forty (40 feet in height, special permit or plan review approval shall require a Federal Aviation Administration (FAA) Determination of No Hazard or evidence of exemption from the determination process." Amend Section 174-5.C. boundaries of the Wireless Facility Overlay District to add after the words "Barnstable town line" the phrase ", except that portion within the boundaries, of the Otis A.N.G.B. Accident Prevention Zone" or take any other action relating thereto. Submitted by Planning Board Explanation: Based on the recommendations of the Massachusetts Military Reservation Joint Land Use Study completed in October, 2005 by the four Upper Cape towns and MMR through the Cape Cod Commission, this amendment would require an FAA determination that structures above 40 feet in height (the Study suggested 20 feet, but the Planning Board felt that, as normal allowed building height for most single-family homes in Mast pee is 35 feet, 20 feet would be unnecessarily burdensome) will not constitute a hazard to the safety of aircraft operations from Otis Air National Guard Base. The determination process involves only simple forms and basic information and can be done on-line. Also based on the recommendations of the Study, the amendment eliminates a portion of the NStar Electric power line easement, which lies within,the existing Otis A.N.G.B. Accident Prevention Zone, from the Wireless Facility Overlay District, within which wireless towers are allowed a minimum of 100 feet in height, and may be permitted up to 200 feet in height. The Board of Selectmen recommends approval, 29