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t <br /> Friday,September 15,1995 <br /> AL <br /> _ Page Five B <br /> 1 � • - <br /> 1.11�Iste•►ca►d <br /> • 1 'IMI•MIIt�N•to <br /> LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE <br /> LEGAL NOTICE - <br /> amended, and to the further restriction that no motor or b. in an overloaded condition as defined in Chat LEGAL NOTICE LEGAL•NO <br /> TICE <br /> pp�Cd propelled surfboard or other personal watercraft operation is and 323 CMR 2.07(7) per 90B § 129 "art <br /> allowed in Mashpee in or on the freshwater ponds •before the Bylaws Y municipal em <br /> c. in an unsafe condition as defined in Chapter 90B 12A,and or employee for whom a term of office is not s <br /> hour of 10:00 a.m.and after the hour of 7:U0 p.m, P § by Massachusetts Y <br /> 323 CMR 2.07(2)Guardrails. ten Of office," General Law shall not be subject to tea <br /> B• Personal Watercraft operation is permitted on fresh water ponds po'f� by these <br /> and the tidal waters of Popponesset Buy,Nantucket Sound,and §170.15. Public Access Board facilities. and further Ppointment for any <br /> Annual Town Mee inre,vote tbeu the position of Town Planner created at the Ma , P� YOUR <br /> Waquoit Bay subject to the same restrictions for watercraft A. Mashpee Pond Boat Landing Added 5.1-89 STM > take an actiong shall thereto, a <br /> above, In addition,prohibited activities are; approved 7.5-89] g [ , Art.6 Y other placed under the supervision of the Pl ring Boud,o4 ESCAPE <br /> a. Towing any object using a personal watercraft, <br /> b. Operation between the hours of sunrise and sunset or may, after Board oard of Selectmen public hearing,when vision is unduly restricted by weather Thy' a p g' Recommendation: Submitted b pe A Fire Can Happen to , <br /> suggest to the Public Access Board new or changed regulations And mendation: Finance Y Petition Anyone at Anytime... <br /> E c• (075)acres on bodies of water of less than seventy-five over the maintenance and operation of the state-owned boat you are hereby Committee dyes not recommend approval. <br /> t landing at Mashpee Pond. Regulations adopted, approved,and °tle'at the Town H;adllmonedatotl e serve <br /> Post sOil-lee,rant b Posting up attested copies thereof <br /> d. Operation by a person under the age of sixteen(16) promulgated by the Commonwealth shall become effective as of fourteen daone each o t the bulletin he $O plan and <br /> e. Operation by a person between sixteen(16) and the date of publication in a newspaper having general YS at least before said meeting, ands, Ceps <br /> seve icate ] q without first having received a safety circulation in the town,[Re-written 1995 to conform t0 CMHereof fail not and ractice an <br /> certificate required by 323 CMR 4.03(2) 131_§45-Great Ponds;publicuse;rules and regulations.] Clerk at the time andtjcreturns of this Warrant with your doings thereon to the Town cape route. <br /> C. All personal watercraft operators shall wear a•wearable Personal Place of Said meeting. <br /> Flotation Devices (Type III or better; Life belts are, not B. Reserved y Given under our hands this 11th day of September in the year of our Lord one thousand For free fire safety tips, <br /> acceptable..) nine hundred and ninety-five, write: <br /> §170-16. Jurisdiction;severability. <br />` §i70-7.. Swim areas.[Added 1995] Fire Safety <br /> A. Nothing contained herein shall be held or construed' to Per order of, <br /> k Public Bathing Area supersede,conflict with,interfere with or limit jurisdiction of the P,O. BOX 34386 <br /> No person shall oper4te a watercraft: United.States Government with respect to the enforcement of names Vaccaro, Chairman Washington, DC 40043 <br /> a.within one hundred fifty.(150)feet of a public bathing area the navigation, shipping,anchors a and associated laws of the g <br /> b.within one hundred fifty 150 to three hundred 300 feet of gg George it. costa <br /> y ( ) ( ) United States or `to diminish the provisions of any lawful Peter A. Dinizio, <br /> a public bathing area except at headway speed. regulation'of the Division of Marine and Recreational Vehicles Nancy J. caffyn ., Q Ak►dor the laws of the Commonwealth of Massachusetts. " Jody x, Mills v`% + KVS <br /> SAFEB, PrivateSwimming Area Septombor 15,1895 NASHPEE BOARD OF SELECTMEN No person shall operate a motorboat within one hundred fifty B. In the event that any provision,section or clause of this chapter , <br /> (150)feet of a shoreline which is being used as a private swim is hereafter judicially found to be invalid,such decision, <br /> area. invalidity or voidance shall not affect the validity of the <br /> remaining portions of this chapter. <br /> §170-8. Divers and diving [Added 5-3-82 ATM, Art. 28, <br /> approved 9-7.821. Submitted by the Waterways Commission TOWN OF FALMOUTH <br /> Any person or persons skin diving or scuba diving,hali: Explanation: These changes in the by-laws are needed to bring Chapter 170 of the <br /> Mashpee Code up to date and to conform to the Commonwealth of Massachusetts Public Hearing Notice <br /> A. Display a diver's flag constructed of rigidly supported'material General Laws Chapter 90B, Boats and Vessels; Chapter 91 Waterways; Chapter 102, <br /> Harbormasters;and Chapter 131 §45 Great Ponds;public use;rules and regulations. <br /> 'at least twelve by fifteen (l.. x 15) inches in an .area of red As prowl r„ w,der Chapter .119, 52 of the Code of Falmouth; a Public Hearing <br /> background with a white diagonal stripe. Rerommendation: Finance Committee recommends approval. will be,held in the Civil Defense Room, Town Hall on MONDAY, SEPTEMBER 25, <br /> PP UR9JA UARy1i'•P, M. to establish and promulgate fees, which are EFFECTIVE AS <br /> B. Display such flag on a boa[ or surface float extending a Article 17. F Provided.p •' 1995 to be charged by Town Departments and agencies, except as <br /> minimum distance of three(3)feet from the surface of the water, , Town ded.tyG.L.; School Departments Planning Board, Library, Town Clerk, <br /> or to such other height in excess of three (3) feet as to.betreasurer, and Collector of Taxes. <br /> sufficient to be visible to passing boats. . To see if the Town will vote to authorize the Board of Selectmen to grant to <br /> Commonwealth Electric Company an easement on Town owned land at the corner of <br /> C. Stay in an area within one hundred(100)feet of such displayed Old Barnstable Road and Nathan Ellis Highway (Route 151), and shown on Mashpee Virginia'Valiela <br /> divers flag while at or near the surface of the water, ' Assessors Map 73,Lot 45 to install and maintain underground electric cable and any 'Mary Pat,Flynn <br /> other equipment deemed necessary to service the new Mashpee High School, or take Matthey Partick <br /> any other action relating thereto. Edward.Marks, Jr , <br /> D. Recreational diving or swimming in marked boat channels is Troy Clarkson <br /> prohibited.[Added 1995.] Submitted by the Board of Selectmen BOARD OF SELECTMEN <br /> §170-9. Moorings.[Amended 19951 Explanation: This article seeks to grant to the Commonwealth Electric Company the <br /> A General <br /> necessary easement to maintain underground electrical service to the New High School. OS1MB THE PROPOSED CHAIN E LN FEE Itv rrSTrm ELOW Al nrltc nEMAIN THg <br /> (1)The location,type and adequacy of every marker,float, buoy, Recommendation: Finance Committee recommends approval. <br /> mooring,or fishing device(including but not limited to:_lobster DEPARTMENT R <br /> SE <br /> pots;crab pots;conch or whelk pots,and toad fish traps)must be Article 18. g- �-T pR�2P4 <br /> approved by the Harbormaster or an Assistant Harbormaster BEACH COMMITTEE <br /> To see if the Town will vote to authorize the Board of Selectmen to negotiate a lease,for <br /> before placement. Any marker, float,buoy, mooring, or fishing a term not to exceed 99 years, of the Mashpee Wampanoag Indian Museum to the <br /> Resident/Taxpayer <br /> ,device may be inspected,removed or relocated whenever, in the 10.00/1 year 20.00/2 years <br /> a Mashpee Wamp:inoag Indian Tribal Council Inc., and to authorize the Board of <br /> yjudgment of the Harbor master or an Assistant Harbormaster,the Selectmen to petition the General Court for special legislation permitting such lease,or Dail Parkin Fees: <br /> safety of the other vessels or properties or maximum use of the take any other action relating thereto. g p g Y E <br /> area requires such action. The expense of such inspection, Surf Drive (Weekdays) 5.00 10:00 <br /> ' removal,or relocation shall be the responsibility of the owner. Submitted by the Board of Selectmen Surf Drive (Weekends/Holidays) 8.00 10.00 ` <br /> „ Hill Road (Weekends/Holidays) 8.00 1°.00 <br /> (Each riiarker;'floaf,or buoy and'markers for fishing devices Ex lanation: This article seeks authorization for the Board of Selectmen io ne otiate a Menauhant (Weekefids7floiYdays) 8.00 io.00 <br /> _j L" ghall be properly marked with the identification of the owner in leasewith the Mashpee Wampanoag Indian Tribal Council for the control and operation <br /> amanner prescribed by the Harbormaster as promulgated in the of the Indian Museum. <br /> a Mashpee Mooring Regulations. BUILDING DEPARTMENT <br /> Recommendation: Finance Committee does not recommend approval. PLUMBING FEES <br /> During the nod l June through 30. September„trr�gonng FIND TONS OF <br /> n; ;ppee Residnetial <br /> ;u` alls sfiali fie 4srsd n, .4rtiele 1� „ <br /> From 1 October through 31 March,'mooring balls or winter first <br /> , s+tur ' „ tires r " <br /> buo s ma be used. Winter buoys(sticks)or numbered markers For the first fixture 10.00 H 15.00 <br /> y y Y ) To see if the Town will vote to appropriate or transfer from available funds the sum of For each additional fixture 3.00 , 5.00 SAVINGS <br /> completely submerged onto the bottom shall be used. $1,184.82 to reclassify the following library positions: I Circulation Assistant from <br /> From I April through 31 May,only winter buoys (sticks)or Grade"3,Step 1 to Grade 4,Step 1;2 Circulation Assistants from grade 3,Step 5 to Grade <br /> mooring balls may be used. (Submerged markers. must be 4,Step 4,and Library Assistant from Grade 8,Step 5 to Grade 10,Step 3;or take any FIRE DEPARTMENT - IN THE <br /> removed,)[Added 19951 other action relating thereto. <br /> AMBULANCE RATES - <br />" B. Permits.The Harbormaster shall have the exclusive right to issue Submitted by Petition Base Rate' " 89.00 200;00 permits for the placement of moorings for vessels,boats,rafts and Explanation: The Board of Trustees is reyuesting that library staff classifications be Loaded Mileage (per mile) 3.00 10.00SSI <br /> �IEDS <br /> floats held by anchors or bottom moorings at any locations upgraded to the level of other town positions requiring simihv levels of"skills and are Oxygen Administered 10.00 10.00 <br /> within the territorial jurisdiction of the town. performing comparable work. Tlae Circulation Assistants are the only employees in HEALTH DEPARTMENT <br /> Grade 3,while clerical employees in town positions are Grade 4 or higher. The training <br /> C. Regulations. The Harbormaster shall adopt regulations for and skills of.the Library Assistant are greater than the present Grade 8's which are Title 5 Soil Evaluation Witness Fee NEW $25.00 <br /> anchoring of and the placement and maintenance of moorings to secretarial positions. The level of skills, training and responsibility required of the <br /> anchor boats, vessels, rafts, and floats and make these Library Assistant is comparable to positions in Grade 10. 0 <br /> regulations available on request to any applicant for a permit. y vanpOSED FEE SCHEDULE <br /> D. Fees.The Board of Selectmen shall establish a fee schedule for Recommendation: Finance Committee does not recommend approval WATER.SYSTEM . <br /> mooring permits. The Harbormaster shall be responsible for the Article 20. <br /> SYSTEM DEVELOPMENT FEE " $500:00 And 0 toll and a hall of w <br /> annual collection ct the fees for each mooring permit he issues. Applicable for any new service activation ...Andsoura Whether you're look- <br /> The revenue collected shall be added to a separate fund to be To see if the Town will vote to appropriate or transfer from available"funds the sum of <br /> used for dredging or other waterways related awed sea-18-1990, $5,496 to change a Circulation Assistant to a Standard Part-Time position, with,such <br /> [Amended 10-1-1990 ATM, Art. 10, App funds to be used as follows: Exclusions: Fire Service Connections Ing for .plate t0 f w a plata <br /> Amended 19951 <br /> fi wtxk.or a let of wheals to <br /> $5,275 to the Employee Medical Insurance Account,$34 to the Croup TAPPING CHARGES get you theta,you'll find the <br /> E. If the owner of a mooring does not use the mooring for the <br /> Insurance Account,$1,87 to the Medicare Account or to take any other Applicable to: 6" 6 8" taps performed by he0viest concentration of <br /> designated purpose for two (2) consecutive years, the action relating thereto. <br /> Harbormaster may revoke or decline to renew the mooring Topa personnel. includes labor, class 52 <br /> ductile-iron pipe from main to curb, (1) llftlllgs In the(IaSSIfiedSl <br /> permit. Submitted b gate valve at curb, (2) valve boxes, Autos for Sale <br /> [Added 10-1-1990 ATM,Art.11,approved 12-18-19901 y Petition excavation and restoration of road Homes&ApoftetllS ra <br /> Recommendation: Finance Committee does not recommend approval- surface. 4I <br /> §170-10. Abandonment[Amended 19951 PP •("0�Condos <br /> NOTE: Tap sleeve, tap valve, and police <br /> Article 21. to be provided by permittee- •Job Liftings cif <br /> $1.600.00 •Pets <br /> A• The Harbormaster or an Assistant <br /> Harbormaster may take 6" Tap $2,000.00 •McRhOndlSe ' <br /> immediate action to remove any vessel,mooring,or other object To see if the Town will vote to authorize.and empower the Bourd of Selectmen to 8" Tap <br /> "- without following,the procedures below if,in his judgment,such prepare a plan laying out and defining Wintergreen Road 'tad_to accom Ash said 11 <br /> •MIIQUeS <br /> action is necessary to protect life or property or if such object is purpose and for expenses incidental and related thereto, the Town vote to raise and Add $15.00/ft. for.service over 60' AUtfiOnS (. <br /> a hindrance to navigation. appropriate or transfer from available funds forappropriation a sura of mane to the •Audian01101 SefvI01S <br /> B•No vessel,mooring,or other object shall be abandoned, sunk or Wintergreen Road Account and to raise said appropriation the Treasurer with the SERVICE INSTALLATION FEES <br /> Otherwise placed wliere it may constitute a -danger to approval of the Board of Selectmen be authorized brrow at one;.ame,or from time to Applicable tot•1" and 2" service taps m And MUIfi M <br /> uch Moral <br /> navigation. Any object so placed, or any vessel improperly time,a sum of money under and pursuant to Cha ter 44, Section 7 or$ or an other and service installations. Includes -+ <br /> secured,swttmped,sunk,washed ashore or found in a restricted enabling authority and to issue bonds and notes of the Town therefor,and further to see all costs to install service from main <br /> area shall be removed and relocated by the owner at the if the Town will vote to raise and appropriate <br /> direction of the Harbolma'ster or an Assistant Hazboamaster. If or transfer from available funds a sum of to curb. Meter costs se)iarate. <br /> °pnective action is not taken after sevens two (72) hours' money to the Wintergreen Road Account to provide interest and debt issuance <br /> notice to the owner,or if the owner is not known, after notice expenses,or take an other action relating thereto. <br /> y 1" Tap and Service $600.00 <br /> has been posted for the same period at the Mashpee Town Hall, Sub 2" Tap and Service $850.00 ' <br /> stant <br /> Nazbormasteror an or amay take cch orrectiveea Harbormaster <br /> The expense h miffed by Petition Add $5.00/ft. for service over 60' <br /> P Recommendation: Finance Committee recommends approval Add $530.00 for 1" meter pit. �. <br /> removal or relocation and any liability incurred therefor shall be <br /> the responsibility of the owner. Add $700.00 for 2" meter pit. <br /> C after event of a violation of Subsection B,the Harbormaster, Article 22. METER FEES <br /> removing the object pursuant to the foregoing section,shall Applicable to; all metered services. Ready to move?Looklnr " <br /> notify the owner,or if the owner is not known, after notice has To see if the Town will vote to Amend the Mashpee Code, 5�110n 40-4 "Warrant 5/8" Meter $100.00 hire now talent?Want Ivio <br /> beer'posted at Mashpee Town Hall ,or on or near the object, articles"to change the words,"The Board of Selectmen,who shall forthwit $160.00 i your eor? There's shll* <br /> h give notice 1" Meter <br /> that he intends to dispose of the property unless it is claimed at least fourteen (14)days before such meeting or election by p05ttoE a co 1.5" Meter $400.00 plate to go to get the sole <br /> wi0i1n ninety(90)days. Warrant"to read,"The Board o PY of said <br /> The Town may use the property,if serviceable,for an indefinite 30 days 1 Selectmen,who shall forthwith give."otice at least thin 2" Meter $550.00 results-the Classified <br /> 0d•When no longerofuse to the Town, said property will (•y Y before relating <br /> meeting or election by posting a copy of said Warrant- <br /> Z1, or take <br /> isposed ofif . Any costs of disposal may be assessed to theOWneran other action relating thereto. Costs for 3", 4" or 6" meters will be <br /> ll <br /> ed <br /> for safe at public aucun. on.rviceable item All proceeds°fromiue said isaleeshallrbe Sub ed b Petition Costrwilldbetcosteoffineteraplus 15 <br /> Jus 15X <br /> . min y � <br /> for labor and administration fees. <br /> "se<1 to defray the cost and expenses of removing,giving notice for <br /> Finance Committee recommends approval. CROSS CONNECTION INSPECTIONS !'I[ <br /> thad sale,and the balance of the proceeds shall be turned over to lA <br /> �° owner or, if the owner is unknown, held by the Town Article 23. Applicable to: all testable devices. 0 <br /> A Urer for a period of one year subject to claim by the owner. RPBD's are tested twice annually. DCVA's 59tR-47O <br /> that time, the proceeds will be transferred to the To se if the Town are tested once annually. Seasonal RPBD's 9 I 0 <br /> waterways Improvement fund. An property which is not will vote to Amend the Mashpee Code,�h0n 40-5 "Warrant (operational 6 months or less) are only m rtW fW <br /> Y P Pe Y articles"by adding the following section: tested annually. IY PtAa rouR <br /> �t:eable or repairable will be discarded. <br /> §170-IL P "C) Any article which request a sum of money must stsg in the 1st Device (per inspection) <br /> Pollution. <br /> amount of money being requested.",or tike any other action relate thereto. article the $50.00 �1�P <br /> th Each Additional Device (per inspection) $25.00, <br /> p' discharge or disposal of fuel, oil, dead fish or their arts, Retest (per device) 525.0,0Prxt >e <br /> te,rubbish,debris,or sewage (whether treated or untreated) Submitted b After Hours Test (per device) <br /> S° y Petition $25.00 <br /> d'e waters,shores or foreshores of Mashpee is prohibited. Recommendation: Finance Committee recommends approval. CC FIEDS <br /> _§170'12 Operation of vessels under the influence of intoxicating F� M�'r USE (TEMPORARY) CUSSI <br /> NuOK-or controlled substance[Added 19951 Article 24, Applicable to: temporary use of fire ' <br /> To see if the Town will vote to amend the Mashpee Coda Section 40-5 tram onstrus for filling pools, water tanks, i <br /> Mo pRgpn shat! tj articles"b adding the following section: "Warrant construction ' <br /> ammonivealih sttuateherate any vessel on.the waters of the y purposes, etc. <br /> � � descri d"in:the Town of hfashpee under the influence <br /> bed in Chapter 90B§8. "D)Any article for a capital expenditure which re nests one millA dollars 2'0" R9drant-seter Deposit`:-. + <br /> or InOm regardless of the source of fu $200 00 <br /> nds for thea (SI,0W,000 H9dranC 1[eter [refadable)= <br /> -13 Watercraft the article,be contingent upon the passage of a approp i-io a il' upon passage of MinimumCharge - 9/8 Meterefnndahle) $600.00 <br /> •'-Watc cmla a r d,in equipment[Added 1995] appropriation."or take any other action related thereto. " approving of the Min Charge - 2- Meter -$50,00 <br /> Pe aced.3 the Town of A4ashpee sha11 meet the Open'ng�closin D <br /> ,EQ ot:323 CMR 2.1X. 8 Hydrant (after hours) 5100.00 <br /> • �i <br /> Emitted b Note: all eater used will be charged <br /> $25.00 <br /> y Petition at the current rate in effect. This is <br /> . if170-14 Watercraft operation without persona! flotation Recommendation: Finance Committee does not recommend appwal. <br /> devites or in overloaded or unsafe condition[Added 1995] in addition to the minimum Char$e• <br /> Article 25. LPL / WATER FSS <br /> Na person shall operate a vessel in the town of Mashpee: <br /> MAIN AtD;E@f <br /> a. without a wearable personal flotation device on board for each To see if the Town will vote to amend Chapter 37 of the To wi Bylaws to add the Applicable to: any legal documents <br /> required to be completed by the Town. <br /> occupant. following new Section 37-8.1: <br /> Continued on Next Page s <br /> ! it, <br />