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Friday, September 611996page Y, rour13 Classifieds LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE OT' tttErprisg LEGAL NOTICE LEGAL N pPNOTICE thereto.beof the Twn to effectuate said acquisition; or take any other acti�r LEGAL N other action relating thereto. LEGAL NOTICE Laws'or or take any Pro' of Chaptef 45,Spon 22 of the General La Submitted by the Planning Board Submitted by the Board g reservation of lands Explanation: This article has been submitted due to a change in from!ts>under the p thereto. of Selectmen Explanation: This article is intended to encourage the p take any other action relating Submitted by the Boma allowing them to be used toward sources and phasing of the "Bufflehead Bay"land purchase approved ', Conservation minim the equineMashpee National Wildlife Refuge by g Y Town Meeting. Because funding previously anticipated from a No designate me n S ace Incentive Development Wetlands Conservation Act grant will not be used, the previouslt Meeting may a vote to authorize minimum off such lands under the Open Space bonus for transfer of toll was conditioned on use of such a rant ' y le,ss: Under state iaw,f°pWtn Forests-.It may als r Town development bylaw article, which g is no longer Explanation: manage and care [flee• In lieu of eidie Commission t e' Forest Comm iftee. addition, rather than the two-phase purchase acticipated in May tl,ro� i' tables of the the Comrmssion t aPP°tat a Town en maY appoint such a cornet The the Town would have purchased 15 acres of upland and 60 acres of rnk Cops table of Selector Forests- entire 325 acre Bufflehead property will be purchased at one time,p of the Com Meeting Action, groans as Town ted Article 3I. we designated three p uently also designated o ata and surra► to previous Town Meetmgs ha k.Road.South was sub seq ;flie.Thomas Mmg To see if the Town,will vote to amend the Zoning Bylaw by amending Subsection the U. S.Fish&wildlife Service and most likely within the next six mo � on the r ssion. y 0 electrons ated both as Town 174-25.I.as follows: Recommendation: The Finance Committee will make a recoinmen r,1996 at John Austin lot d under the Conservation w�o design Pa (Assess°ts� ofOctobe Orvaltion Belcher property, Forest is the p parcel, also known as the The third Town Forest use and In Subsection 174-25.I.(5) add after the words "similar to the Town Meeting ones cc rvation land• approved, aforementioned" the ct on the Forest and as corse proposed to be removed-from Town Forest Conservation � words "or the studio of a painter, sculptor or similar Article 36. Map 89,Block 1)currently P If this article rs PP professional artist,'', Forest designation on that desigrnatei as a Town a to vote . legislature. To see if the Town will vote to amend the Mashpee Code Cha ter tie 1 Corrunissi°n would have t vote t remove Town � Subsections 174-25,•L(1), (2), (3) and {4) indicate that such uses are and me stare legs allowed by right in any land use district by adding the letter "Y"in the C-1, Zoning By-law to correct the title of the Waterways Commission as folr I z if the Town mil wl parcel,in addition t Town Meeting C-1-O,Gl-SV,C-2 and I-1 columns; i Recommendation: The Finance Committee recommends approval. 2 358.95 t Pay ses are]n Subsections 174-25,1.(5)and t6nctr byaplacing uthe letters "PR" m�the subjectI-1 Section 174-24,page 17427 Cape Cod to Plan Review, Paragraph 4 - In the third and fourth lines, chane Jon Jay As Article 2t3. ❑ oses that parcel of column; "Waterways Committee"to"Waterways Commission" g �e Mae Cushi ate for cemetery purposes Block 1,also known Latin thereof. Mary Gels To see if the Town will vote t odses� Maps as Map or take any other action re g j Paragraph 5 - In the 16th line, change the words Mashpee 1 land identified on the Mashpee Great Neck Road South on the east,Great . Submitted by the Planning Board Committee"to"Waterways Commission" `Wa Mike's Ser as the Walter R.Mingo lot,bounded by d under the NyNEX Road on the west and the Greenwood Estaatsesc rva vision e'south,�e is article adds artists' studios to the uses allowed as"customary Section 174-25,page 17438 Rusty's Hay R0 °f.Article 40 of Explanation: Th determine that said parcel shall not be held royals True Valu provisions of MGL C.40, § 8C, t,rescind its app of:Article 29 of the Marsh home occupations," authorizes home occupations ations rand contractor/artisaanrmuse of ran Town Meeting warrant, and industrial districts anP Change the words "Inland and Coastal Waterways Commr A&B Can No, 13, 1989 Spec' wants[and of.Article 41 of the Mar March residentialbuildings in industrial districts. "Waterways Commission". 1, 1965 Annual Town Meeting related to said p other actio Annual Town Meeting warrant insofar as they ally,to direct the Board Submitted by the Board ff take any the designation of:said parcel as a Town Forest,and, requesting the removal g Article 32. Of,(Selectmen t submit a petition to the General' req °mer action relating Explanation: These changes are needed to make the subject sectioncot the designation of said parcel as a Town Forest, or take any To see if the Town will vote to amend the Zoning Bylaw by adding the following P the title contained in Chapter 5,Article XIII,of the Mashpee Code w,ert lanation: This thereto. the Board of Selectmen new Subsection 174-47.E: and Commissions are defined. They terms "Waterways Committee"and Submitted by t may be issued for any lot within a cluster development and Coastal Waterways Committee do not appear in that section. 0� This article would.designate a parcel of land on Great Neck Road "E.un building pawithin the development has been deeded to the Town or, results is that plans affecting waterways are not being submitted to tit W Commendation: Explanation: The site has been recommended for such until the open spaces ace will not be deeded to the Town, until the deed Commission because there is no legal provision for it. South for use as a new Town cemetery. a Cemetery Committee where the open space Subsection 174-47.B.(7) has been recorded, and restriction required Y use, after review of all available=Town lands, by Article 37. ide 2. established by the-Board of Selectmen. Becauses Town Meeting actions, the land had been actions, evidence of.such recording has been submitted to the Planning Board and Inspector-" designated for Town Forest and school use by Prev if the Town the article also rescinds those actions. Removal legislature he Tow wells as of Town Building Inspe Sentence to Subsection 174-46.G.(8)(f): To see if the Town will vote to amend Chapter 172 of the illashpze $137,500 to fu: also requires.a two-thirds vote of the ge directs the substituting the following language for subsection rA of section 3. Joyce Council,L Meeting and of the Town Forest Committee),so llanrunder the provisions of and to add the foll ewrmmg[nay be issued until the required open space within the Se wages are dap t petition the legislature for such a vote Y "No building p "A. The permit and application required b� this Chapter shall Section 5-27 of the Town Code,Town Meeting must vote whether or not lands OSID has been deeded to the Town or the covenants and restrictions required required for maintaining, repairing , or replacing ,,or take any act acquired by the Town through tax title proceedings shall be held by the Town as b Subsection 174-46•C.(5) have been recorded and evidence of such substantially changing or enlarging, an existing and lawfully recording has been submitted to the Planning Board and Building Inspector." structure or facility used in the service existing tit public ll conservation land under the provisions of Chapter 40,Section 8C of the General Y Laws of the Commonwealth. electric, gas, water, telegraph, telephone, or otter comm or take any other action relating thereto. nation: This services,provided that: ct between the Article 27. Submitted by the Planning Board 9,Unit A and Un 1. Written notice, including a complete deserbdon of To see if the Town will vote to.amend the Zoning Bylaw by deleting the first E,xpianation: •this article is intended to help ensure that open space set aside in to be done,has been provided to the Commission at 1 commendation: sentence of Section 174-40 and replacing it with the following: cluster subdivisions and Open Space Incentive Development projects is made month prior to commencement of the work. wn Meeting. "In the C-1,C-1-SV,C-1-O,C-2 and I-1 zoning districts,there shall be required subject to recorded open space deed restrictions,as required by state law and our a minimum separation of two hundred(200)feet between the centerline o any zoning building aw,emit by am be issued for such a the project. Irestriction the in past, has ore bbceana 2, The Commission has issued written ceniRcation-that the ^ale 3. said roadways-_.—i'd pl+vblem because there was"no specified time at which such restrictions were conforms to performance standards in regulat�o�.adop ; ' accessway to Routes 28,151 or:130 or to Great Neck Road North and any ether burlam the Commission. Said-certification'stay incl[ such accessway or to the sideline of any street mrerseaany accessway to a street required to be in place and no point at which the Town required proof that they Town such separation shall also be maintained between any. and/or limitations deemed necessary to printer.the wetland :plain intersecting said roadways and the sideline of said roadways. Where a lot in had been recorded. values of Chapter 172. raise existence on October 7,.1996 has inadequate frontage to meet these separation one Article 33: Failure to comply with the provisions of this section f Chapter 172 requirements,the maximum feasible separation of has f maintained and only one To see if the Town will vote to amend the Town of Mashpee Code by striking shall be due cause to enforcement as per section 11. s to 1 accessway shall be allowed to the lot. Where a lot has frontage on said roadways P Y P P there as well as shall a street w streets intersecting said roadways, accessways shall be Chapter 40, Article 1, Section 40-1 (C.) and(D.) and inserting in place thereof allowed only onto said intersecting streets, except where a nght-tum-only the following language: . 'Emergency repairs remvn permissible pursuant to secti�C." erttrairce is approved by the Massachusetts Highway Department or Mashpee Th Director,of public_Works,as appropriate.", C. Articles for the Spring Annual Town Meetuig must be submitted by the or take any other action relating thereto. A p artd.furthertor,replace[he phrase"commercial districts'.'in the title of said section second Monday in February each year. Articles for the Fall Annual Town with"non-residential districts". Meeting must be submitted by the second Monday in July each year. Submitted by the Consent Commission D. The Selectmen may insert in said warrant, any article or articles received by ion: or take any other action,relating thereto. diem as of said Monday in February and said Monday in July. All articles will Explanation: Serious violations damaging to wetlands and wo habitat have Submitted by,the Planning Board include an explanation prepared by the party submitting the article. Before occurred in the past year. By substituting this language I the original, calling a special town meeting, the Selectmen will insert in a local newspaper a maintenance causing alteration of wetland resource areas (or ds within'100 Explanations The bylaw currently requires a separation of 200 feet between g feet of said resource areas) will receive proper review and the subject to Lown notice specifying the last day upon which articles to be inserted in the warrant for P P "ha ter parking lot driveway entrances and between such entrances and the right-of-way approval and limitations necessary to protect the wetland values P 172• J.L. such meeting will be presented to the Selectmen or the Town Clerk.", or take any line of any road intersection in the C-1;C-1-SV and C-1-0 commercial districts. other action relating thereto. y fro, It applies to driveways accessing any street within the district. This amendment Article 38. her a. would extend application of the same driveway separation to the C-2 commercial Submitted by the Finance Committee and Board of Selectmen and I-1 industrial districts but would restrict its application only to the major To see if the Town will vote to authorize the Board of SelectrAO prepare an roadways listed. It would also direct that where a lot has frontage on both one Explanation: At last years Town Meeting, the Town voted to extend the time application to the Massachusetts Economic Assistance Coordidg Council for of the major roadways listed and a side street, that any driveway access, except for the posting of Town Meeting warrants from fourteen to thirty days. This left designation of the following described area, as shown on a 0 in the Town Town right-tum-only access;be from the side street The intent is to maintain traffic a shortened period between the deadline for submitting articles and the deadline Clerk's office, as the East Mashpee Economic Opportunity Aa as shown on )roject safety and capacity on those major roadways by minimizing potential points of for posting the Town Meeting wan-ant. This article seeks to back up the deadline Mashpee Assessors Map 54, Block 5, pursuant to the provision5i Chapter 23A rovi as are necessary to make such application conflict between through traffic and turning and entering vehicles. for the submission of articles to allow sufficient time for the preparation and of the General Laws,and further,to authorize the Selectmen tole such actions Proje review of the draft warrant before its posting. consistent Wale Council's P requirements,or take any other action relating thereto. jdatior Article 28. Recommendation: The Finance Committee recommends approval. g To see if the Town•will,vote t amend the Zoning Bylaw by adding the following Submitted by the 0 of Selectmen Article 34. Explanation: This article autho to footnote 16 of the Section 174-31 Land Space Requirements Table: rizes the Board of Sela¢en to make � application to the State to designate the Au at property San Economic .1 Tow "For lots in any cluster subdivision,maximum lot coverage shall be thirty*(30) To see if the Town will vote to amend Mashpee Code, Section 40-5, "Warrant Opportunity Area for economic. developmentpurposes.g P P Y aeon enables Town percent" Articles",by deleting Section"C"in its entirety and inserting in place thereof the businesses seeking to locate or expand at theto apply Massachusetts Mica following language: a investment tax credits and local property tax incentives in ordertatreate jobs . or take any other action relating there[. sure and economic development for our community. This is a step ge of p i a multi �nd tc Submitted by the Planning Board "C) Any article which requests a sum of money shall state in the article the process,,and any projects under this designation will require an a0tional vote of the Board of Selectmen that an Town Meeting pp g amount being requested,unless it is determined by g for approval. Explanation: Because lot sizes in cluster subdivisions are smaller than amount is not available at the time of executing.the warrant for the Town otherwise permitted for other lots in a zoning district,the current wording of the Meeting, and an estimate of the amount is included in an explanation printed in• Recommendation: The Finance Committee recommends apprO- bylaw,which limits lot coverage t 20% of actual lot size,places a much lower the warrant.",or take any other action relating thereto. limit on allowable size of structures on cluster lots. Cluster subdivisions are, as a on: • Article 39. volvi result,penalized for setting aside open space,for which no lot coverage credit is Submitted by the Board of Selectmen r e given.This article is intended to remove that disincentive to using clusters and to To see if the Town will vote to amend Chapter 170 of the Mashpee Code as wag reduce the number of existing lots for which variances and special permits are adopted at Town Meeting October 1995 as follows: , required. 'fin Explanation: Article 23 of the Town Meeting of October 2,be Published ublic dein the 1 Chapter 170§ 170-1 Definitions paragraph D Delete�e words ,and petition,amended the Mashpee.Code to require an amount to be p Article 29: warrant for all articles seeking funds. This article provides the Board of jet Boats". Selectmen with the ability to determine when an amount is not available at the To see if the Town will vote to amend the Zonis Bylaw b deletin the current avoid publishing inaccurate amounts in the warrant. or take any other action relating thereto. a T[ 8 Y Y g time of publishing so as to; P g uar wording of footnote 1 to the.Section 174-31 Land Space Requirements Table and Submitted by the Waterways Commission r tl replacing it with the following a Finance Committee recommends approval. k put Recommendation: The Explanation: The Massachusetts Environmental Police (MEP)have Pointed out "1 For lots where any part of the front lot line is on an arc of a curve with a "Jet Boats are not considered personal watercraft under M.G.L. Chapter 9013 so radius of three hundred(300)feet or less,lot frontage may be measured along a they cannot be included in the definition of Personal Watercraft." straight line connectingthe rots of intersection of the side lot lines with the Article 35. on: � vote to authorize the Board of Selectmen to acquire,by Article 40. eha1 minimum building,,setback line applicable to the lot under this bylaw." To see if the Town will purposes a parcel of land, being a Prov ,or take any other action relating thereto. purchase or otherwise, for conservation purp Mass. Prepared for To see if the Town will vote to amend Chapter 170 of the Mashpee Code as 'EfO P on a"Plan of Land in Mashpee, Hayes portion of that land Showa the Bufflehead Ba Nommshown Oil ee Trust," revised date November 6; 1995, by adopted at Town Meeting October 1995 as follows: dant Submitted by the Planning Board Engineering, Inc:of WIDfield, MA, as well as a portion of the an shown on 2, Chapter 170 § 170-3(A) - Change the first sentence to read "Unless Explanation: This article is intended to clan how lot frontage is to be Land Court Plan 40422A,aoid land also being portions 1 1 those p generally otherwise specified, clarify g Mas as Ma 115, Blocks 1, 6, 7 and 8, g Y Pe fled,the provisions of flus chapter as ar;d Chapter measured for lots, on curves. The current definition has been confusing, the 1995 Mashpee Assessors P P g Y t River, Jehu Pond Abigail's Brook and Great Oak 90B s be enforced b the Harbormaster and Assistant particularly with regard to the creation of new subdivision lots. located between upper of the Conservation Commission Harbormasters, and by police officers empowered tb patrol the 4e e care and custody waters of the Town of Mashpee. Road, to be held in tb �eneral Laws Chapter 40, Section 8C; and further, to nate $500, other sum for. such 6re Article 30. a if th to own.7,husor,J °r any or take any other action relating thereto. P a(e to approP and to raise such t see if the Town wills incidental and related thereto, Y purpose; 1p ].rntrrg,J approval of the Selectmen,be authorized Submitted b Measurer, with the app Y the Waterways Commission To see if the Town will-vote to amend the Zoning Bylaw by amending Section appropriation, the', pursuant to Chapter 44,Sections y ton, 174-46 Open Space incentive Development as follows: to borrow$SOO,I�J or any other sum under and p or any Explanation: According to the MEP, there is no reference to Chapter 90B so fiat therefor, P add the phrase",or within the authorized acquisition boundaries of the Mashpee 7 and 8C and,if 7plicable,Chapter 40,Section 8C,of thof the Town e General ams' where the would et their enforcement authority would be a concern. Although ala National Wildlife Refuge,"after the words`.`Mashpee Open Space incentive Plan" other enabling atllority, and tq issue bonds or notesissued unless and until awe Y g summer,the p in the first sentence of Subsection 174-46C.(I), provided that no Ands or notes c the Town shall lwn and the Cornmonwealth of Assistan Harbormasters and Ass stant S ellfish Constab el . they� swom in as Iop grant agreement lv been executed between the The ar„ount of at least$250,000 ap add the words "or the Mashpee National Wildlife Refuge" after the words Massachusetts foreimbursement to the Town in applicable law;and further, "SecondaryConservation Areas"in the fifth and seventh sentences of Subsection under MGL Chap other Article 4l. PAU a 132A,Section 11, or any nate or transfer from available d further, to see am 174-46C.(1), to see if the Towriwill vote to raise and appropriate or Conservation To see if the Town will vote to amend Chapter 170 of the P funds$500 or anylher sum to the Issuance of Debt Account;an Mashpee code as i add the phrasd,"or within the authorized acquisition boundaries of the Mashpee if the Town will authorize the Board r Select' Stategrants. including adopted at Town Meeting October 1995 as follows: t Federal and/ Laws the "Self- National Wildlife Refuge"to Subsection 174-46 D.(3)(b)[2], Commission to aply for and acce Section 11 of the General La urchase,and 1. Chapter 170 § 5(B)(a) "Shoreline". Amend "Shoreline" to read reimbursement unar Chapter 132A, toward the financing of this purchase private Shoreline(except where posted as permitted),,. Ep7m add the phrase or lie within the authorized acquisition boundaries of the Help Act,"to be apt by the Town with Federal and/or State agencies, Mashpee National Wildlife Refuge" after the words "Mashpee Open Space to enter into contrasts or agreements to see if the or take any other action relating thereto. Incentive Plan"h the first sentence of Subsection 174-46D.(5)and conservation trusts r other entities or Persons in ucoo s.and f tl�y, Purchase t ►� rvation Pur Submitted b the „ . such land and its poservation for coasCo�ission and the Board obef ne�sssaary on Y Waterways Commission delete the phrase and conform to the Mashpee Open Space Incentive Plan in Town will authorizdthe Conservation truan' as may ( )O enter into agreement and execute any and all ins Subsection 194-4EG. 3 c ,