10/19/2009 Annual Town Meeting - Laserfiche WebLink

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These regulations are taken from one currently in effect in the Town of Canton. The Finance Committee fully understands the reasoning for recommending such regulations. However, Town Counsel has stated f serious concerns about the legality and constitutionality of sustaining such restrictive, single-breed u regulations if challenged in Court. Based on the cost of defending such a lawsuit(s), the Finance Committee does not recommend approval of this Article. ,r THE FINANCE COMMITTEE f LL,' OF ARTICLE 17 by a vote of 5-0 with 1 abstention. 4 Note to the vote on this Article: While 5 of the 6 members voting on this Article recommended its IR;. defeat, one member, while acknowledging the reasons for not approving it, abstained, because the . location of the owners of these animals which prompted this Article live adjacent to Heritage Park where many children congregate. ' ARTICLES 18, 19, and 20: Submitted by: Resident Petition. These three articles are petitions by residents,whose homes are on what are now private roads,who are requesting that their streets be accepted as Town of Mashpee public streets. The procedure for accomplishing this is a two step process, each step of which requires the approval by the voters at Town Meeting. Step 1 involves the authorization for the town to prepare the legal description of the streets to be accepted and sets a"not to exceed"amount to complete the task. Step 2 involves the approval of the actual,projected costs to bring the street(s)under consideration to municipal road construction and drainage standards and includes the authorization to bill the affected property owners as"betterment assessments". As a result all the costs associated with both processes are borne by the residents of those streets, and there is no immediate impact on municipal expenditures. Once a street is accepted as a town street, future repairs,resurfacing and the maintenance of storm water drainage systems become a� I the responsibility of the town's Department of Public Works. The 3 articles are as follows: Article 18: (Step 1) "Bayshore Drive and Brookside Circle". To appropriate$5,000 from available funds to prepare a plan laying out and defining Bayshore Drive and Brookside Circle. Article 19: (Step 1) "Sunset Strip,Noisy Hole Road,Wilann Road, and Claudise Road". To appropriate $5,000 from available funds to prepare a plan laying out and defining Sunset Strip, e !uJi,.ti Noisy Hole Road,Wilann Road, and Claudise Road. Article 20: (Step 2) "Forest Drive". To accept Forest Drive as a public way,to appropriate $164,819 from available funds for any necessary taking,repairs or construction associated with the way, and to authorize the assessment of betterments to the owners of land abutting Forest �; a ' 1;y Drive. P-� Approval of these Articles will have no effect on the property tax rate. THE FINANCE COMMITTEE RECOMMENDS TOWN MEETING APPR` OF ARTICLESd 18, 19, and 20 by a vote of 6-0. ARTICLE 21. Authorize Purchase of"Dacey Properties". n s Submitted by: Resident Petition. by iii The Petitioners seeks approval to authorize the Board of Selectmen to purchase some 38 acres of land along Algonquin Avenue,Old Barnstable Road and Nathan Ellis Highway(Route 15 1)for$5,619,300. October 19, 2009 Town Meeting k Page 9