1999-TOWN MEETING RECORDS - Laserfiche WebLink

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Page Th.q Utudy, hj�rll �, 1999 - Classifieds c"�i a g>nt�rise NOTICE LEGAL NOTICE . LEGAL NOTICE LEGAL NOTICE To h LEGAL NOT, purpose: LEGAL NOTICE me p Posed terms are as follows: tipping fee will be$45/ton in pro LEGAL NOTICE to$47.74/ton0in FY 01. The three year contract may be A. For an new residential or non-residential development requirin et Acular, to the Bourne facility. y 9 they sued•, p ones: FY'99 and will increase ears if the Town so chooses. The tipping fee at Bourne for approval,a special permit,plan review under the provisions of Subse�on 12 1 the POpp extended for another twoypermit for a building over one thousand(1000)s �2= any Would be 49.17 and 50.65/ton. Bourne has the only DEP or a building p quare feet in ■ConEinned developmeltt agreementthe fourth and fifth Years $ $ (except for one-family dwellings on individual lots in existence on May 3 1 a� to the roved lined commercial landfill in the immediate vicinity. their accessory structures a system of stormwater management and a - 4 (2)When the Cape Cod emission is a Party the Commission to approved rofidal ent may P� shall be made in recharge of precipitation shall be required which is designed to achieve the Iq A 1 other party to the development agreement Such P The petitioning Party ARTICLE 37 purposes: prevent untreated discharges to wetlands and surface waters p amend or rescind the Cod Commission• red ung,on a form provided by the Ca d��opment agreement and to the of building e p hydrologic conditions that closely resemble pre development conditions writing node notice to all parties to the ent by providing To ensure that the issuanceg P emits for residential development occurs in an prevent flooding by managing the peak discharges and volumes of rung Uq° A 1% Ln amend or rescind the a9 ting such amendment predictable fashion so that the Town of Mashpee can: 1)guard against Commission of Its if scion,it shall orderly and p rates which adverse/ affect the town's environmental erosion and sedimentation,not result in significant degradation of groundwater SerVlri; parties and the Commission with a ropy°f man amendment or recd large variations in9 a d land values;2 have time to Ian effective/ b studying the reduce suspended solids,nitrogen,volatile organics and other pollutanti�i . or rescission.When►the Omission initisthe agreement. resources,economy on the town's character,natural resources and natural water quality and provide increased protection of sensitive natural resour provide notice,in wesciS,to all older Pa the notice,hearing of residential growth (3)No amendment°r fesass10"may Madeon development agreements, environment B. These standards may be met using the following or similar best manager , This TE In this secti Management: Practices: seweri and approval process specified Maita9 §174-26 Growth � u Enforcement 1) For lots occupied,or proposed to be occupied,by single or two-family C etc. ntract that's enforceable in law or equity A. Development Phasing.; residences,recharge shall be attained through site design that incorpora�I higher A development agreement is a competent jurisdiction. year,building permits may be issued for new dwellings on no more than natural drainage patterns and vegetation in order to maintain pre-devel I by a Massachusetts court of competes J jurisdiction,the within any y stormwater patterns and water quality to the greatest extent possible. rf1USt If anyprovisthis bylaw is held invalid by a court Of come section 15%(fifteen percept)of the lots in any subdivision approved by the Mashpee The invalidity of any Stormwater runoff from rooftops,driveways and other impervious surfaces water remainder of the bylaw shall not be aff e, 'bylaw shall not affect the Planning Board under a lot shall apply),assachusetts Subdivision Control Law(the most recent be routed through vegetated water quality swales,as sheet flow over Iaws rem or parts of any section or sections such plan'applicable to . or 15%(fifteen percent),but at least one of the Town's zoning ttylat�' (1)of the lots shown on a plan of land not requiring subdivision approval recorded or to constructed stormwater wetlands,sand filters,organic filters and/or or validity of the remainder 1987,orals0/, (fifteen percent)of the approved dwelling units in any systems capable of removing nitrogen from stormwater. FuriC1S after May 11, + or take any other action related thereto, other type of residential or mixed-use development under a special permit. In the 2) For lots occupied or hick 1)u to be occupied b9 other uses,a minimize TTeatr Submitted by Planning Board case of fractional numbers greater than Y2(one-half),the number of permits issued. management plan which 1 utilizes site tannin techniques to minimize rwi ward: 2)utilizes nonstructural techniques,including pollution prevention andsou� may be rounded uP reduction,to minimize the type of treatment needed for stormwater al on a model bylaw Prepared by the Cape Cod provides for the artificial recharge of precipitation to groundwater through Explanation: This article,vvflkh is based re and enter into long-term B. Building Permit Limits• design that incorporates natural drainage patterns and vegetation and til sh ` Commission,would authorize the Town to Preps the Cape Cod COmmission,adjacent towns watt I Signature: -development agreements"with developers, lin out the provisions of subsection A,within any year the number of the use of constructed(stormwater)wetlands,wet(retention)ponds,coos I and state agencies. Such agreements would be binding contracts spelling 1. Notwithstanding P quality swales,sand filters,organic filters or similar site-appr°priate new dwelling units for which building permits may be issued shall not exceed q rY best ber of years, 60(sixty),plus any uncompleted dwelling units for which building permits have management practices capable of removing nitrogen and other contaminant the terms under which a project could be completedmsero�space or other other Town facilities and completed been issued and have not expired by,December 31 of the previous year. from stormwater and meeting the Stormwater Management Standards ani what infrastructure, technical guidance contained in the Massachusetts Department of Envi items of benefit to the Town would be provided by the developer, Submitted by Petition Protection's Stormwater Management Handbook,Volumes 1 and 2,dated C what impact fees would be pard, 1997,for the type of use proposed and the soil types present on the site, what protections the developer might obtain from subsequent zoning and runoff shall not be discharged directly to rivers,streams,other surface coat ARTICLE 38 bodies,wetlands or vernal pools.Dry wells shall be prohibited,Exceptwhis regulatorychanges, - procedures might be established for construction what streamlined pe17r1if the P done under the terms of the agreement and To help fund a much needed sewerage treatment facility for development that has used for roof runoff from non-galvanized roofs,all such wetlands,ponds, other items of mutual Interest between the Parties to the agreement occurred;in particular,proximal to the Mashpee Rotary. To channel wastewater more or other infiltration facilities shall be preceded by oil,grease and sedilneM ' r • responsibly,as to not allow;it to enter the Popponesset Bay Watershed or Waquoit Bay, or other best management practices to facilitate control of hazardous ma The Ton's ability to enter into such agreements is predicated on the Town now having Watershed-,-_ spills and removal of contamination and to avoid sedimentation of treatmet a local Comprehensive Plan certified by the Cafe Cod C°mmrssion as being consistent A 10�sales levy on gross sales revenue of all restaurants which have seating capacity. leaching facilities.All such artificial recharge systems shall be maintainedilq ' with the county's Regional Policy Plan and continued progress in implementing the Plan working order by the owner($)under the provisions of an operations and within the next two years q 1%sales levy do gross sales revenue of all drinking establishments and entertainment maintenance plan approved by the permitting authority to assure et deq;i establishments serving alcdholic beverages. function as designed.Infiltration systems greater than three(3)feet deep be located at least one hundred(100)feet from drinking water wells catty ✓ ARTICLE 32 This revenue generated is to be used for the sole purpose of designing,and building a infiltration basins or trenches shall be constructed with a three(3)foot To see if the Town will vote to amend Chapter 40 of the Mashpee Code by making the state of the art sewerage treatment facility serving the private businesses and public separation between the bottom of the structure and maximum groundw following changes,or take other action relating thereto. buildings(school,police station,etc.)within a mile radius of the Mashpee Rotary. This elevation. / treatment facility must use,the most current and highest quality process available at the V i 40.1A, Delete the first sentence and insert ffie following: time of construction And;most importantly,the wastewater must be directed to a C. The permitting authority shall require the submission of sufficient plans and ` location where it will not enter the Popponesset Bay Watershed or Waquoit Bay specifications to demonstrate the operation and effectiveness of the proposed The Town will hold two regularly scheduled Town Meetings annually. Watershed,but only into a.location where it will enter into Nantucket Sound. stormwater management facilities and practices and shall require their implementation and maintenance,including provisions for deed restrictions ad' 2. 40-1A. Delete the last sentence and insert the following:' Funds are to be kept in a money market account under the name of"Mashpee Rotary other implementinq provisions,as a condition of approval of the proposed Sewerage Treatment Fund';: The expenditure of those funds must be approved by a development.No permit may be approved for a development unless the ped i The Fall Town Meeting will be held the first Monday in,October and will address town meeting vote authority determines in writing that the proposed system of stormwater any and all other business to come before the Town Meeting. management and artificial recharge will achieve the purposes desuibed in Submitted by Petition subsection A." 2c 3. 40-1C. Delete the last sentence and insert.the following: ti ARTICLE 39 '. or take any other action related thereto. Ankles for the Fall Town Meering must be submitted by the second Monday in I certify t17, July each year. To see if the Town will vote to accept the layout of Swain Circle, Drew Lane,Butler Submitted by 4. 40-2.Quorum. Delete the/amt sentence and insert'the following: Lane,Hanson Drive,SewalDnve,and Carlton Drive as public ways as shown on a plan And you are hereby directed to serve this Warrant by posting up attested copies entitled"Road Conversion an for Ashel's Heights Subdivision in Mashpee, thereof,one at the Town Hall,one at the Post Office,and one each on the bulled For any session,including any adjourned session,of a meeting convened on a Massachusetts",dated July 1998,by Yankee Survey Consultants,which layout shall boards,thirty days at least before said meeting.. date specified in 40-1A,the quorum shall be zero. have been filed in the Office d-the Town clerk,not later than seven days prior to the , date of thevote'hereunder and to authorize the Board of Selectmen to acquire by gift, Hereof fail not and make return of this Warrant with your doings thereon to the Town V Submitted by the Town Clerk purchase or eminent domain taking any land necessary for the purposes of such ways as so laid out,,and to raise and appropriate,transfer from available funds or borrow a Clerk at the time and place of said meeting. Explanation, For the Town to maintain a"Fall Annual Town Meeting",it must obtain sum or sums for such purchase or taking including borrowing costs therefor,and to ' an Act of the,Legislature., By simply_removir►93hewiard"Annual"the.Tawn:may; further;authgrize.the Board of;5electmen to:assess betterment's to the owners of the Given under our hands this twenty-ninth da of March in the year of our Lord one tY- Y Y continue without tale requirement of on.A4Qf,t*Wi4tum,_, ere>t thousand nine hundred and ninety-nine. k� vtu r ARTICLE 33 Submitted by Petition Perilbrder of, i ARTICLE 40 Board of Selectmen To see if the Town will vote to authorize the Board of Selectmen,pursuant to General Laws Chapter 40,Section 4A,or otherwise,to enter into an intermunicipal agreement To see if the Town will vote to'authorize and empower the Board of Selectmen to with the Town of Falmouth for the provision of human services within the scope of prepare a plan laying out and defining Pond Vlew Avenue;and to accomplish said services provided by a Board of Health at such terms and conditions as determined purpose and for expenses incidental and related thereto,the Town vote to raise and Kenneth E.Marsters reasonable by the Board of Selectmen,or,take any other action relating thereto. appropriate or transfer from available funds for appropriation a sum of money to the Pond View Avenue Account and to raise said appropriation the Treasurer,with the Submitted by the Human Services Committee approval of the Board of Selectmen,be authorized to borrow at one time,or from time to time,a sum of money under and pursuant to Chapter 44,Section 7 or 8 or any other u Frye Explanation: This article seeks to authorize an intermunicipal agreement with the enabling authority and to issue bonds and.notes of the Town therefore,and further,to / Town of Falmouth for assistance In coordinating Town-wide human services. see if the Town will vote to raise and appropriate and transfer from available funds aL sum of money to the Pond View Avenue Account to provide interest and debt issuance ;"�� j Rernmmendadoir The France Committee recommends approval. expenses;or take any other action relating thereto. Wayne E.Toylor ARTICLE 34 Submitted by Petition To see if the Town will vote to discontinue a way known as"Hollow Road",located ARTICLE 41 Nancy J.Caffyn north of Back Road,as a public way,if it everwas laid out or dedicated as a public way, and to authorize the Board of Selectmen to grant a release to MacDonald Land Trust To see if the Town will vote to authorize and empower the Board of Selectmen to and abandon all right,title and interest of the Town of Mashpee in and to the portion of prepare a plan laying out and defining Sandy Fox Drive/Fox Hill Road;and to accomplishw said Hollow Road located on land of MacDonald Land Trust,or take any action relating said purpose and for expenses incidental and related thereto,the Town vote to raise April 2,1999 qe,—viv ' thereto. and appropriate or transfer from available funds for appropriation a sum of money to Submitted by Board of Selectmen the Sandy Fox Drive/Fox Hill Road Account and to raise said appropriation the Treasurer,with the approval Of the Board of Selectmen,be authorized to borrow at one Explanation: This article would discontinue as a public way,if it ever was one,a time,or from time to time,a sum of money under and pursuant to Chapter 44,Section former road called"Hollow Road"located off Back Road near John's Pond park.There is 71 or,8 or any other enabling authority and to issue bonds and notes of the Town _ Mashpee Water District no record that the road was ever laid out as a public way.Although it once served as a terefore,and further,to see if the Town will vote to raise and appropriate and transfer - Public Notice dirt road,it has since been converted to use as a drainage ditch for runoff from facilities from available funds a sum of money to the Sandy Fox Drive/Fox Hill Road Account to ++r,•t�Na•-.a' voter Registration at Otis Air National Guard Base and is not passable by vehicle traffic. This provide interest and debt issuance expenses,or take any other action relating thereto. discontinuance and abandonment was agreed to in the purchase and sale agreement "tor generations unborn entered into by the Selectmen and MacDonald Land Trust regarding the Town's Submitted by Petition Notice is hereby given that the Mashpec Water District will hold the following purchase in February of a 14.05 acre parcel of land from the Trust,which owns land on session for the Annual District Meeting being held on 9'uesday,April 27, 1999 properties both sides of"Hollow Road"and wished to be assured that its ro would,be ARTICLE 42 at 7:30 P.M. at the P P Quashnet Schools Cafeteria, Old I3aruslable Road, treated as one parcel for zoning purposes. Mashpee, Massachusetts. ARTICLE 35 We the undersigned hereby petition the Town of Mashpee to see if the Town will vote to accept the layout of pickerel Cove Circle and Pickerel Cove Road as public ways as Wednesday,April 7, 1999 To see if the Town will vote to ban Personal Watercraft operation on the waters of shown on a plan.entitled Road Conversion Plan for Pickerel Cove Circle and Pickerel John's Pond,Santuit Pond,and the Mashpee Portions of Ashumet Pond,by adopting the Cove Road located in Mashpee,,Massachusetts",dated July 28, 1998,which layout has 8:30 A.M. until 8:00 P.M. Maslipee Town Clerk's Office, Masltpce'l'own 11,111 been filed in the Office of the Town Clerk,not later than seven days prior to the date of 16 Great Neck Road,North Mashpec, Mn following changes to Chapter§170-6 of the Mashpee Code,or take any other action the vote hereunder and to authorize the Board of Selectmen to acquire b ft purchase relating thereto. an q � Y gift, or eminent domain taking Y land necessary for the purposes of such ways as so laid Out,and to raise and appropriate,transfer from available funds or borrow a sum or THIS I3 THE LAST DAY TO REGISTER TO VOTE Submitted by the Waterways Commission sums for such purchase or taking including borrowing costs therefor,and to further 1) By inserting the underlined text in Paragraph A and deleting the words authorize the Board ofSelectmen thtor ssess re term theretothe owners of the land Applicants may register from 8:30 A.M. Until 4:30 I'.M. at the Mashpec'Town " abutting the ways,or take Y g freshnet ponds so It reads as follows: Clerk's Office,Mashpec'/'own I/all, 16 Great Neck Road North, M:UshpcU•,MA A.All personal watercraft operation is subject to the applicable provisions of the Submitted by Petition General Laws of the commonwealth,as amended,and to the further restriction that no motor or propelled surfboard or other personal watercraft operation is ARTICLE 43 No Names may be added except to correct omissions or clerical errors. allowed in Mashpee In or on Mashpee-Wakeby Pond before the hour of 10:00 a.m.and after the hour of 7:00 p.m. To see if the Ton will vote to accept the layout of Redwood Circle,Redwood Circle- Per Order('f; 2) By revising paragraph B so it reads as follows: Rear,Magnolia Lane,and Birch Way as public ways as shown on a plan entitled A.Personal Watercraft operation is permitted only on Mashpee-Wakeby Pond and "Compiled Road Easement Taking Plans Mashpee Shores Subdivision in Mashpee, Diane Rommc•h„cycr,Chairmall the tidal waters of Popponesset Bay,Nantucket Sound,and Waquoit Bay subject Massachusetts(Barnstable County),"dated July 28,1998,by the BSC Group,Inc.,which Russell 13a1)c•Oc•k,vice-Chairman to the same restrictions for watercraft above. layouts shall have been filed in the Office of the Town Clerk,not later than seven days Perry Ellis,Clerk 3) By adding the following subparagraph to paragraph B,prohibited activities: prior to the date of the vote hereunder and to authorize the Board of Selectmen to MASIWEE BOARD or WATEI?COMM ISSION EIRS f) Operation of personal watercraft on the waters of John's Pond,Santuit acquire by gift,purchase or eminent domain taking any land necessary for the purposes April 2,6 Pond,and the Mashpee portion of Ashumet Pond of such ways as so laid out and to raise and appropriate,or transfer from available funds for appropriation a sum of money to the Mashpee Shores Roadways Account and Submitted by the Harbormaster to raise said appropriation the Treasurer,with the approval of the Board of Selectmen, and the ed by t Waterways Commission to authorized to borrow at one time,or from time to time,a sum of money under and ANNUAL RETORT ted within 30 days subsegment io ilk:"Nutiftcalion Dale"in y 44,Secton 7 or 8 or any other enabling authority and to issue Stone Charitable Ed;aspected by Igo days ofpublicatiou 79 orda to decide whether to grant aut onzationt far Ilk;i pursuant to Chapteroi the Town therefor,and further,t0 see if the Town will vote to raise 1•lorencc SL,Chestnut 13;11,MA. posed activity pursuant to G.L.Chapter 91.A pudic hean� Explanation: The use of personal watercraft on the freshwater ponds of Mashpee has bonds and notes may be held upoh written request by Ore municipal official, increased dramatically over the last few years. Because of the high-speed capabilities of and appropriate and transfer from interest and debt issuanilable funds a sum of ce extenths Mashpee take an April z,1999 PnuO,ertnore, a municipality, len citizen group o< any Shores Roadways Account t0 p expenses, Y aggneved person that has submitted written comments may these machines and the large number of them competing with other craft for the use of other action relating thereto, also petition to intervene to become a party tenors the alase the waterways,a public hazard exists. This action is being proposed to prevent possible alone cormnent personal watercraft on salt water and Mash ee-Wakeb DEPARTMENT OF period.paitrre to submit such petition will serious injury or death. Use of Pe P Y Submitted by PetitionENVIRONMENTAL PROTECTION result m the waiver of any right to an adjnmtligtafy hearing. Pond Is permitted,subject t0 the applicable laws,bylaws and regulations: ARTICLE 44 Waterways Regulation Program Fortner information regarding this application may b: ARTICLE 36Notice of I,Icense Application obtained by contacting One Division at(508)946.2736.Plans To see if the Town will vote to change Mashpee Town Bylaw 170-6,to read as follows: and documents for this application are on file with the r pursuant to C.L.Chapter 91 Department for public viewing at Ore address blow.Wiilten - To see if the Town will vote to authorize the Board of Selectmen,pursuant to General 170-6 Personal Watercraft operation. Waterways License Application comments should b;addressed to Ronald Potter,Licensing Laws Chapter 40,Section 4A or otherwise to execute an Intermunicipal Agreement A All p jest to the applicable provisions of the Number W99-9253 Engineer, DEP/Wetlands &'Waterways Programs, 20 r , ersonal watercraft operation is sub John G.1vassaWan Riverside Dnve,Lakeville,MA 02347.'flus infomurtion is with a term of up to five years with the Ton of Bourne for the disposal of General Laws of the commonwealth, as amended, and to the further Notification Date:April 16,1999 available in alternate rixmat upon ropes(to Bette Stewart, construction/demolition materials and other difficult to manage waste at the Bourne restriction that no motor or propelled surfboard or other personal watercraft Public notice is hereby given or the application by John G. ADA Coordinator,BAS111R.401 floor,One Winter Stnx t, Regional Waste Management Facility,or take any other action relating thereto. operation is allowed in Mashpee in or on freshwater ponds before the hour of Kassakian to construct&maintain a pier,ramp&Boat at Boston,MA 02108. 10:00 a.m,and after the hour of 5:00 p.m. 200 Baxter Neck Road,in the municipality of Barnstable,in Submitted by the Board of Selectmen and over the waters of Prince Cove.The proposed use(s)of April 2,1999 and the Board of Health Submitted by Petition the structure(s) is noncommercial docking and boating ARTICLE 45 access to navigable waters and is a water-dependent project. Explanation: This article seeks to authorize an agreement with the Town ofBoume The Department will consider all written comments submit- To see if the Town will vote to amend the zoning bylaw to add the following new wherein Bourne will accept our difficult to manage waste which SEMA55 cannot accept. tresses,C&D,bulky furniture section 174 21.1. Such items as mat j .Street sweepings,etc.will be delivered 1