|
;I
<br /> ANNUAL TOWN MEETING
<br /> Page 11
<br /> a review and comments by the Design Review establishment generated 23 reported incidents to the
<br /> Committee. Where development is to be done in Mashpee Police Department between 1995 and February
<br /> phases,these items shall be submitted for at least the 1998,and;
<br /> first phase,along with typical plans for later phases.
<br /> All of the above-required plans shall be submitted at the Whereas,it is the intention of the Town of Mashpee in
<br /> time approval is sought to construct such later phases. the adoption of this Bylaw to rely upon and reference
<br /> the findings of the aforementioned cities in various
<br /> In addition to Planning Board application fees,the detailed studies said cities have conducted,in addition
<br /> 4 applicant shall be responsible for the cost of secretarial to the experience of Mashpee's adult entertainment
<br /> services to take and prepare minutes and written establishment. Said studies empirically document the
<br /> recommendations on the development by the Design adverse influences and effects of adult entertainment
<br /> j Review committee. Said costs shall be paid in full prior uses on surrounding properties,and;
<br /> to approval of the special permit application."
<br /> Whereas,the Town of Mashpee is predominantly
<br /> or take any other action related thereto. (Submitted by residential in its character and development pattern,
<br /> Board of Selectmen) being approximately 48% residential land use with
<br /> another 45% in open space,recreational,and
<br /> Explanation: This article would amend the Town's institutional use,including schools,with less than 5%of
<br /> existing commercial center zoning bylaw,which commercial and industrial uses,and;
<br /> authorizes the Planning Board to issue special permits
<br /> for multiple use/tenant projects such as shopping Whereas the Town of Mashpee desires to protect its
<br /> centers. The most significant changes would allow the residential lands from the secondary effects of
<br /> y Board to authorize a schedule of setbacks and lot sizes
<br /> (but not overall lot coverage by buildings or building commercial adult entertainment uses and to ensure and
<br /> height)which differ from that required by the promote the Town's image as a safe,pleasant,and
<br /> underlying zoning for an area. Such dimensional
<br /> attractive place of residence for families with children,
<br /> i
<br /> to preserve and promote the peace and quiet enjoyment
<br /> provisions would allow subdivision of property within
<br /> such a center to accommodate the type of"traditional of these areas for all persons,and;
<br /> i, New England village"being contemplated for the Whereas it is the desire of the Town of Mashpee to
<br /> Mashpee Commons project(although this bylaw would
<br /> preserve and protect the safety of children and young
<br /> apply in all commercial and industrial zones). The
<br /> amendment authorizes the Board to require people in the vicinity of schools where they may be
<br /> architectural,signage and landscaping controls that are expected to walk,congregate and play,and furthermore
<br /> enforceable by deed restrictions. It requires a detailed that children and young people not be subjected to
<br /> traffic impact report for such projects and specifies confrontation with the existence of adult entertainment
<br /> vicinity of schools,and;
<br /> vicin
<br /> minimum street design standards. It also requires that uses in t
<br /> any lots created which are smaller than required by the
<br /> underlying zoning for the area must be serviced by a Whereas,the Town of Mashpee,as an aid to mitigating
<br /> i public or private wastewater treatment plant. the aforementioned impacts of adult entertainment
<br /> uses,desires to physically separate commercial adult
<br /> Finance Committee takes no position on this Article. entertainment uses from residential and school uses,so
<br /> that residents are not subjected to confrontation with
<br /> Article 32.Whereas,there is documented experience in the existence of adult entertainment uses in the vicinity
<br /> jt numerous other cities,including:Boston, of their residences and schools,and;
<br /> Massachusetts;Seattle and Tacoma,Washington;
<br /> Detroit,Michigan;Austin,Amarillo,Beaumont,Dallas, Whereas,adult entertainment uses such as those
<br /> and Houston,Texas;Indianapolis,Indiana;Los engaging in the sale,rental or display of sexually
<br /> + Angeles,California;Phoenix,Arizona;Oklahoma City, explicit materials,including books,magazines,
<br /> Oklahoma;and,Minneapolis and St.Paul,Minnesota periodicals,pictures,photographs,slides,movies,and
<br /> showing that adult entertainment uses degrade the videos,or other adult entertainment uses,such as adult
<br /> quality of life in the areas of a community where they dance clubs or paraphernalia stores,may legitimately be
<br /> j are located,with impacts including increased level of controlled by a municipality,either through
<br /> crime,blight,depreciation of property values,and late concentration in certain locations,or separation from
<br /> hours of operation resulting in noise and traffic late into other uses which will be inordinately impacted by the
<br /> i the night. The Town of Mashpee has experienced the sale,rental or display of sexually explicit materials,and,
<br /> impact of having an adult entertainment establishment furthermore,Section 9A of Chapter 40A of the
<br /> in close proximity to residential uses. This Massachusetts General Laws specifically provides for
<br /> municipal regulation of adult entertainment uses
<br />
|