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Pne 12 THE MASHPEE ENTERPP 3 Legal , �. m Article 9: Land Bank purchase i5f Map'35 Block 7 mebeatiee. This amide will increase the membership of the Board of Appeals from 3 to 5 Town of Mashpee members. ^; Annual Town Meeting Amide 12 �� To see if the Town will amend the Zoning Bylaw as follows: Barnstable,ss: � / —�� In Section 174-3,add the following new definitions in their proper alphabetical orderm Greetings to the Constables of the Town, ,, '( you are hereby directed to notify and / / ' \\\ �' \\�'` "��DRMNG-A traveled path through a parking facility, In the name of the,Commonweaith of Massachusetts, Pa 9 Pa ng ty,Providing access to the parking summon the inhabitants of the Town of Mashpee who are qualified to vote in the elections to o \rt /�\ spaces, meet at the C \ Quashnet School on Monday,the twentieth day of October,2003 at 7:30 p.m.for �, ,• \ � the following _�._ _ v ALLEY-A public or private way primarily designed to serve as secondary access to the side or Pum' ?� rear of those properties whose principal frontage is otherwise on a street. Not to be considered To act:on the articles contained in the following•Warrant. / ) \ as a Principal means of access to abutting property and not to be considered in determining / adequate frontage dr-access for purposes of lot division. Article 1 � : J �• __ <\/ �- CALIPER-American Association of Nurserymen standard for measurement of trunk size of To see if the Town will vote to appropriate and transfer from available funds$4,412 to pay nursery stock. Caliper of the trunk shall be taken six(6)inches above the ground for trees up to four(4)inches in diameter and twelve(12)inches above ground level for trees over four(4) previous fiscal year unpaid bills as follows: ��y inches in diameter. Ackland Sports Medicine LLC 65.00 ��r/y I �_-1� CURB-Avertical or sloping edge of a roadway designed to control vehicle movement or Falmouth Hospital 200.00 X y j P 9 9 Y 9 Cape Cod Rehab 3797.00 Idrainage and stabilize the pavement edge. Includes vertical barrier curbs,mountable curbs, Mashpee Chiropractic 150.00 /. , "Cape Cod berms"and similar structures. Third Party Solutions 100.26 Personal Care Center 99.74 DIAMETER/DIAMETER AT BREAST HEIGHT dbh)-As regards trees,the diameter of any tree trunk,measured at 4.5 feet above ekisting grade. or take any other action relating thereto. DRAINAGE-The control of surface water within the tract of land to be developed by any Submitted by the Town Accountant /��j \ means of collecting,diverting,handling,dispersing or disposal of surface runoff due to storm �\ r' flowage,rainfall or natural means which has been designed by a registered professional Explanation: This,article is necessary to pay Fiscal Year 2003 bills received after the close of r \ \ engineer.. the fiscal year. DRIPLINE-An area encircling the base of a tree which is delineated by a,vertical line. Recommendation: The Finance Committee recommends approval. extending from the outer limit of a tree's branch tips down to the ground. May,35\ GUTTER-A shallow channel usual) set along a curb or the avemented a of a roadway for Article 2 \ Block 7 \- \ ` Y 9 P 9 Y \\ �/ purposes of catching and carrying off runoff water. May be included in the width of parking To see if the Town will vote to appropriate and transfer from available funds$1.1 million to lanes,but not of travel,acceleration or deceleration lanes or of bicycle lanes. offset the FY2004 budget shortfall. \ \ ISLAND,TRAFFIC OR PARKING LOT-A raised area in a roadway,driveway or parking Submitted by the Board of Selectmen \ facility,usually curbed unless otherwise permitted,placed to guide traffic and separate travel or \ parking lanes,or used for landscaping,signing or lighting: Explanation: These funds are needed to cover the decrease in state aid issued to the town,• \ \ \ LOADING ZONE-A specially marked area for the short-term use of delivery vehicles. Recommendation:Finance Committee to make recommendation at Town Meeting. \ PARCEL-An area of land in one ownership,with definite boundaries,which may or may not Article 3 pp constitute a lot or group of lots available for use as the site of one or more buildings. 0 175 350 700 1.050 14 Feet To see if the Town will vote to appropriate and transfer$250 from the Cemetery Expense PARKING ANGLE-The angle formed by a parking stall and the driving aisle centerline of a Account to the Cemetery Salary and Wages Account,or take any other action relating thereto. 9 1 Inch equals 350 feet parking ranging degrees(right-angleperpendicular parking)to 30 degrees. 9 Prepared by Mashpee Planning Department, arkin facility,ran in from 90 d rees or Aerial Photos and Planimetric Data from 1997:Parcels from FY 2003 Asessors Data. N Submitted by the Cemetery Commission PARKING BAY-A parking facility unit that has two rows of parking stalls and a central driving Article 10 aisle(i.e.double-loaded aisle,aisle with vehicles on both sides). Explanation: This article Is necessary to pay for employee wages associated with the opening of the columbarium located at the Great Neck Woods Cemetery,after normal business hours. To see if the Town will vote to authorize the Selectmen to acquire,by purchase or otherwise PARKING LANE-An auxiliary lane primarily for the parking of vehicles. While an opening fee is paid,this fee is deposited into the Cemetery Reserve Receipt Account jointly with the Mashpee Water District,for the purposes identified in Chapter 293 of the Acts of and cannot be used to pay salaries. 1998(An Act Relative to the Establishment of the Cape Cod Open Space Land Acquisition PARKING MODULE-A driving aisle with cars parked on one or both sides.of the aisle. Recommendation:Finance Committee to make recommendation at Town Meeting. Program),all or a portion of that parcel of land identified on the 2001 Mashpee Assessors'Maps as Map 51,Block 6,consisting of 23.6 acres,more or less,located between'Great Hay Road, PARKING STALL-The area,usually marked with distinguishing lines,m which one vehicle is Article 4 William Mingo Road and the so-called Belcher Property,along with dose portions of any to be parked;a parking space. adjacent ways which are appurtenant to said parcel,said parcel also being on a plan entitled To see if the Town will vote to appropriate and transfer from available funds$50,000 to be "Plan of Land Located in Mashpee,Mass.Prepared for Phyllis M.Jordan",dated October 21, SHADE TREE-A tree with a caliper over four(4)inches in a public place,,street,special added to the Assessors'Revaluation Account,or take any other action relating thereto. 1976'by Cape Islands Surveying,Inc.,which is recorded at the Binstable County Registry of easement or right-of-way adjoining a street,including,but not limited to,public shade trees as Deeds in Plan Book 310,Page 6;and further,to see if the Town wilvote to raise and defined by M L.Chapter 87,Section 1. Submitted by the Board of Assessors appropriate,or transfer from available funds,$125,000 for such pu0se,including expenses incidental and related thereto,and to raise such appropriation,the treasurer,with the approval SITE-the entire;tract on which a proposed use or development is located.: Explanation: These funds are used for consultants and expenses related to the State of the Selectmen,be authorized to borrow$125,000 or any other sfm under and pursuant to mandated on: These funds of real and personal property. Funds will be transferred from Chapter 44,Sections 7 and 8C and,if applicable,Chapter 40,secticn8C of the General laws,or TRACT-A continuous area of land,which may be subdivided or unsubdivided,may crossed y E therefor, it of the Ce by roadways or streams and.ma be in single or multiple ownership,which is proposed for the Overllay Su,1 s•Acmunt. an other enabling authority,and to issue bonds or notes of the T n therefor,with said Y l ;, borrowing to be repaid with funds from the Land Bank Fund estabpsked b the Town under the development under these by-laws. Recommende"o! The Finance Committee recommends approval. provisions of Chapter 293 of the Acts of 1998(An Act Relative to tie stab Pe Cod Open Space Land Acquisition Program);and further,vote toafse and appropriate$1,500 TREE-Any woody plant having a caliper of two inches or larger." Article S •to the Issuance of Debt Account;and further,to authorize the Bad of Selectmen to apply for and accept Federal,State and/or County grants to be applied bylhe Town toward the Also amend Article III as follows: To see if the Tom will vote to appropriate and transfer from available funds$17,925 to be financing of this purchase,and to enter into contracts or agreements with Federal,State andChange t distributed as fo1bi $5,975 to the Fire&Rescue Expense Account;$918 to the Medicare or County agencies,the Mashpee Water District,private conservation trusts or other entities or he title of Article III from"Off Street Parking"to"Parking Facilities"; persons in connection with the purchase of,.all.or a portion ef.suchlandland:its,preservation.and 'f 9 :.� management for conservation,passive recreation and water supply protection purposes, P q e A; nt,of take ern Ionrelaetiing thereto.dical Account;and$70 t eGrou �3nSuranceY' including conveyance and enforcement of a er twat conservatlox+lfastrlfclltlt�Dt1^C19e farfd�1�",a In r!11h T n80•�tl0s7 nz hs �l2nt�s lag spacere requirements"wlthth timitted b tk�dire Chief accordarice:with Chapter,184.of,the General Laws as required by the protdsions of Chapter - y 293,section 10 of the Act of 1998 as amended,to an organization qualified and willing to hold Replace the current wording of Section 174-37withitlte following: Explanation:Thisartide creates the needed funds for the benefits for two additional such a restriction;and finally,to authorize the Board of Selectmen to enter into agreements and firefighters scheduled ti start January 1,needed The salaries for these positions will come from execute any and all instruments as may be necessary on behalf of the Town to effectuate said "§174-37. Location of fedlities. Required parking facilities shall be provided on the same the overtime hedule t Fire t January 1,Department's current operating budget. acquisition or preservation,or take any other action relating thereto'.* lot or parcel as the principal use they are designed to serve,unless otherwise permitted by a g Special Permit issued by the Planning Board. Parking facilities shall be located to the'side or . Submitted by Open Space Committee rear of the principal structure(s)on a lot or parcel,unless the permitting authority:determines RaoommandeUali Finance Committee to make recommendation at Town Meeting. that an alternative location will improve the project aesthetically,substantially reduce impacts Explanation: This.article would authorize the Board of Selectmen to purchase,for the on natural or historic resources or improve public safety." Article 6 purposes allowed by the Land Bank Act,a portion of a 23.6-acre parcel on the south side of and transfer From available funds$26,400 to the Fire William Mingo Road,which is surrounded on three sides by open space Acquired by the Town Change the title of Section 174-38 from"Size and dimension of spaces"to"Parking facility To see if the Town 41 vote to appropriate with Land Bank funds.The land is in the Mashpee National Wildlife Refuge,is recommended for dimensions"and replace the current wording with the following: &Rescue Salary&Wage Account,or take any other action relating thereto. acquisition by the Comprehensive Plan and the Town's open space plan,and is both a potential well site and within the recharge area of the Mashpee Water District's"Belcher"well site. The "§174-38. Parking facility dimensions. Each required parking stall for restaurants, Submitted by the Fire Chief purchase would be made jointly by the Town and the Mashpee Water.District,with the District banks,pharmacies or similar establishments with drive-through windows,supermarkets, . contributing$275,000 and the Town contributing the remainder of the$400,000 purchase price convenience markets,hardware stores,discount department stores,home improvement i Explanation:Tills article will serve to continue 6 person staffing from 8 a.m.through 8 p.m. using Land Bank funds. The Town and the District would each `centers medical or dental offices and other establishments involving high arkin turnover,or daily. As of September 1,2003 staffing will be(has been)5 persons 24 hours per day. The 9 acquire a proportionate share of , g P. 9 reduction in daily staffing is projected to cause delays in responding to approximately 1S%of the property,with the Town acquiring approximately 7.38 acres, the use stalls shopping carts,shall et nine and one-half edI by feet r width.,Any other Where it . parking stalls may be nine(9)feet in width,if approved by the permitting'authority,where it Firc and Rescue responses(1.25 per day). Article 1 O: Land Bank purchase of Ma 51.Block 6 demonstrated that the use served will not involve high parking turnover,the use of shopping p h carts,or frequent use by large vehicles such as pickup trucks,vans or commercial vehicles, Reeomnteadeft:Finance Committee to make recommendation at Town Meeting- except that on-street parallel parking spaces may be eight(8)feet in width when,adjacent to l travel lanes of at least 10 feet in width. Article 7 To see if the Town will vote to appropriate and transfer from available funds$18,200 to the i Except when part of a parking module sized as indicated below,each required parking stall shall i be not less than twenty(20)feet in length,exclusive of aisles,drives and maneuvering space. Waterways Malntenance Account,or take any other action relating thereto. / ` <%i Otherwise,minimum parking lot aisle width,and one bay and two bay parking module widths c (from curb to curb or edge of pavement to edge of pavement)shall be as follows: Submitted by the Waterways Commission I I Explanation.This iron is needed to perform annual maintenance dredging of the Parking Angle Aisle Width* 1 Bay Module Width 2 Bay Module Width PoPPonesset Ba and Waquoit Bay navigation channels and to repair and maintain Town owned p2; / I /. 1, 90 degree 24' 43'4" 62` Y r \ < t 75 degree 20' 399" 596" docks and equipment, 70 degree 184" 387" 58` Reo mmendlil Finance Committee to make recommendation at Town Meeting, t /' \XC �� 1 n I 1 65 degree 17' 369" 566" . \ JJ Article 6 % ' y'' I 60 degree 16' 356" 55, \ 55 degree 14'8" 33'10" 53' To see if the Town whit vote to appropriate$200,000 for the purpose of making loans to ' u 50 degree 13'8" 324" 51' residents of the repairing and/or upgrading residential septic systems pursuant to n w fi 45 degree 13' 31' 49';. Town for cepa g / �,"� i c�`,l \.,,. agreements be the Board of Health and residential property owners,including all costs rq , w,T, $ '� *Aisles for 90 degree parking may be permitted for two-way traffic. All other parking'aisles Incidental and related thereto,and to determine whether this appropriation shall be raised by :.9z 1\, 4. t r may allow only one-way traffic,heading in to angle parking spaces. borrowing or otherwise,or to take any other action elating thereto. Submitted by the Board of Health — . __ ,: 3 Parallel parking spaces shall be a minimum of twenty four(24)feet in length,except that they may be reduced,if approved by the permitting authority,to twenty three(23)feet in length Explsnatioe:The commonwealth of Massachusetts,through the Water-Pollution Abatement where itis demonstrated that the use served will not involve high parking turnover or a large • r"• I proportion of large vehicles." Trust,is providi Q%interest loans to communities to assist homeowners in complying with } f Titley The loans are available to homeowners at 5%Interest,to cover arty Replace the current wording of Section 174 39 with the following: ongoing costs of f the program. Loa must be secured by a betterment assessed by the Town on the property ' being improved by*loan. Communities are expected to identify those areas in Town where 1 i "§174-39. Required number of spaces. Except as provided in Section 174-43,parking. septic upgrades are:•needed and direct the funds to those priority areas. In order to qualify for spaces shall be provided for various uses as follows. Where one(1)building Is used for more the loans,townmeting must vote to authorize the Town to borrow funds from the trust. The '1 than one(1)use,parking requirements shall be computed for each use unless it can.be community will have.I8 years to repay the loan to the Trust. ' - demonstrated to the satisfaction of the permitting authority by means of.data and studies from Racanroandetion The France Committee recommends approval. ° _ similar projects,that shared parking,staggered hours of operation or peak parking use and imutd-purpose trips justify a reduced number of required spaces. Parking In excess of these requirements shall be prohibited unless specific evidence justifying additional parking is (i,;Aftkk 9 x'011. ��. li provided and the permitting authority approves such excess parking. Where required spaces • for any use are not specified here,they shall be determined by the permitting authority based To see if the Town will vote to authorize the Selectmen to acquire,b purchase or otherwise, Ma on similar of the proposed use to those listed hem,on the most recent edition of Park/ng Y P �.\ p 51 Block 6 similarity for'the purposes ideitified in Chapter 293 of the Acts of 1998(An Act Relative to the �� Generation by the Institute of Transportation Engineers,on studies and surveys done by Establishment of the Cape Cod Open Space Land Acquisition Program),that parcel of land qualified persons regarding parking usage for similar facilities,on parking requirements and use identified on the 2081 Mashpee Assessors'Maps as Map 35,Block 7,consisting of 5,360 square for similar facilities on Cape Cod or on other appropriate Information. feet,more or)ess,located south of Ashumet Road on an undeveloped street named"Johnson Road"and shown as lot 32 on a Plan entitled"Plan of Land in Mashpee,Mass,"dated August j Principal Use Number of Spaces 19,1959 by 3.Casazza,C.E.recorded at the Barnstable County Registry of Deeds in Plan Book 50,Page 15,along with those portions of any adjacent ways which are appurtenant to said %' / Residence(single-or multi-family) 2 per dwelling unit* parcel;and further,to see if the Town will vote to appropriate and transfer from the Land Bank / Bed&beakfast home or establishment 3,plus 1 space for each rental unit over 2 Fund established by the Town under the provisions of Chapter 293 of the Acts of 1998(An Act 0 200 Opp eco 1200 t6�0 Congregate Care or assisted living facility 1 per dwelling unit plus 1 per ertipkryee' Relative to the Establishment of the Cape Cod Open Space Land Acquisition Program)$7,800 Hospital,infirmary,nursing home, 1 for each 2 beds for such purpose,including expenses incidental and related thereto;and further,to see if the Prepared by Mashpee Planning Department. I inch equals 400 feet a convalescent home Town will authorize the Board of Selectmen to enter into contracts or agreements with Federal, Aerial Photos and Planimetric Data from 1997;Parcels from FY 2003 Asessoe Data. N Motels,hotels and inns 1 1/2 for each rental unit,plus 1 spaces State and/or county agencies,private conservation trusts or other entities or persons in for each 20 square feet of floor area connection with the purchase of all or a portion of such land and its preservation for Article 11 available for meetings or functions, including enforcement of conservation plus 1 for each employee conservation and passive recreation purposes, 9 , restrictions on the land;and finally,to see if the Town will authorize the Board of Selectmen to To see if the Town will vote to amend the Mashpee Zoning Bylaw by deleting _Article XVI Day care or nursery school 1 per 4 students,in addition to any other Parking enter into agreements and execute any and all instruments as may be necessary on behalf of Appeals;Board of Appeals,'Section 174-91,Establishment;appointment terms,in its entirety requirement applicable to the site the Town to effectuate said acquisition or preservation,or take any other action relating and replacing it with the following: Restaurent,without drive through window, 1 per 2 seats or 12 per 1000 sq.ft.of gross thereto. Submitted by Open Space Committee 1174-9L Establishment; appoin rd Appea or private membership or social dub leasable area,whichever is greater f+ term& There shag be a Boa Is as Restaurant,with drive-through window 1 per 2 seats or 14 per 1000 sq.ft Of Dross provided for by the Massachusetts sting of five(5)members. leasable area,whichever is greater Explanation: This article would authorize the Board of Selectmen to purchase a 5,360 square The Board of SelectmenheMa shall chuse�General Laws, c to terms appoint the members annually commencing Sports dub,health spa skating rink 1 per 200 square feet of gross fkhor area foot lot which is surrounded by existing Town land previously taken for unpaid taxes and other July 1. The-members shall be a ears,with the term 1 per 1500 square feet of gross floor,sea' appointed for terms of three(3)y Tennis/racquetball courts/dub open space lands set aside as part of the Old Colony Estates duster subdivision. The,parcel is of one(1)member to expire each year. The Board of Selectmen may appoint up to Discount/department store,hardware 1 per 300 square feet of gross floor arm the last privately owned lot in a paper subdivision,the remainder of which is owned by the six 6 associate members for similar manner shall be int/home improv large protected as open space or restricted ( ) terms in the soma y dents, /me t re 1 per 250 square feet of ross,floor area 4 Town,and lies in the midst of a la area of lands try filled for unexpired terms in the same manner as in case of original app Supermarket g "navigation easements"held by the U.S.Government for Otis Air National Guard Base. The 1 per 150 square feet of gross floor area _•. Convenience market Continued on Next Page property is in the recharge area of the Mashpee River and is within the boundaries of the or take any other action elating thereto, j Mashpee National Wildlife Refuge. Submitted by the Board of Selectmen