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Page 14 THE MASHPEE ENTERPRISE•FRIDAY,gEPTEMBER 19,2003 - Legal Not`lices ■Continued This bylaw shall be known as the"Public Records and Open Meeting bylaw." The purpose of Article 24 this bylaw is to ensure open access to public records and melte;to provide for adequate disclosure of matters concerning the public Interest and the aoo;;1 biltty of Town Boards, To see if the Town will vote to authorize and empower the Board of Selectman(sic)to prepare Article 18: Ma 93 Block 9 Committees and Commissions,and to provide for 9thened local-control and enforcement a plan laying out and defining Quashnet Woods Drive and Grant Breen Drive,and to accomplish of the Conxnonweeilth s Open Meeting law, Chapter 39, Sections 23A and B, and the Public said purpose and for expenses incidental and related thereto, the Town vote to raise and Records law, Chapter 66 of the Massachusetts General Laws,and arty related regulations or appropriate or transfer from available funds for appropriation a sum of money tothe Quashnet interpretations issued by the Attomey General Or Secretary of the Commonwealth in effect at Woods Drive and Grant Breen Drive Roadways account and to raise said appropriation, the the time of adoption of this bylaw. Treasurer with the approval of the Board of Selectman(sic) 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 1)The Town recognized the importance of. or any other enabling authority and to issue bonds and notes of the Town therefore, and _ further,to see if the Town will vote to raise and appropriate or transfer from available funds a 17 a) Open public meetings sum of money to the Quashnet Woods drive and Grant Breen Drive'Roadways account to ' "~ b) properly posted public meeting notices provide interest and debt issuance expenses,or take any other action relating hereto. c) Accurate documentation of the record of an public meetings South Caps Resorts d) ration Of minutes Timely preparation minutes with the Town Clerk Submitted by Petition ^'-) e) Timely filing of approved f) Record retention In accordancewith State regulations And you are hereby directed to serve this Warrant by posting up attested copies thereof,one at g) Audio sound(tape)recording of the meetings of key Town boards, the Town Hall,one at the Post Office,and one each on the bulletin boards,thirty days at least �s committees,and commissions before said meeting. ( h) Adequate and meaningful disclosure of bylaw and Zoning bylaw changes and changes to rules and regulations issued by units of Town Hereof fail not and make return of this Warrant with your doings thereon to the Town Clerk.at Map 93 Block 9 �wr� government so empowered the time and place of said meeting. l ° 1) Enforcement of the provisions of this bylaw. Q� Given under our hands this eighth day of September in the year of two thousandand three. _ - r 38-2 7urisdktlon Per order of All Town boards,committees,and commissions shall comply with all provisions of this bylaw. Board of Selectmen t-� David L.Leveille 38-3 ttaqulrantetrb George F.Green,Jr. 1) All Boards,Committees,and Commissions shall be required to: John J. a - - Kenneth EE..MMonrss ters a) Post notices of meetings in compliance with ChapW 39 Section 23B of September 19;2003. Wayne V.Taylor Massachusetts General Laws. r b) Post a copy of the agenda at the Town Clerk's Office one day prior to such meeting and supply to the public sufficient copies of the agenda at each TOWN OF MASHPEE ,�,gmwnvq„ TOWN.OF MASHPEE pOH+ry - meeting. � y PUBLIC PUBLIC c) Document all meetings by written report in the form of originally-signed minutes pursuant to Chapter 66,Sections 3,4,5A and 6 of the HEARING m HEARING 1 ' Massachusetts General Laws. Such minutes must be approved at the next _t scheduled meeting,or as soon as possible thereafter,and be filed with the '�`O NOTICE NOTICE Town Clerk within two(2)business days after approval. Pursuant to Massachusetts General Laws, Chapter taco 40A,the Mashpee Planning Board will hold a public d) Audio sound(tape)record of all meetings including both regular and hearing on Wednesday.October 1,2003,at 7:45 p.m. The Mashpee Zoning Board of Appeals will hold executive session. Such tapes must be filed with the Town Clerk at the at the Mashpee Town Hall, 16 Great Neck Road Public Hearings on Wednesday, September 24, a ion to shall be North,to review the following zoning articles for action 2003 at 7:00 P.M. (conference room 01 upstairs) 'm as the written minutes are same time ed. Executive cess pais sealedP rior to submission to the Town-Clerk. at the October 20,2003 Town Meeting. at the Mashpee Town,Hell, 16 Great Neck flood 1.An article submitted by.the Board of Selectmen North,on the following;Stephen C.Koros:Request a Variance from$action 0 100 200 400 600-'. am e) Video recordings shall not be substituted for audio recordings,but shall be amending $action 174-91; to increase the 174-31 of the Zoning By-laws in order to vary the Feet membership of the Zoning Board of Appeals from 3 to setback requirements to build,a 40'x24'. detached,, submitted to the Town Clerk together with the audio recording. 1 inch equals 200 feet 5 members,along with up l0 6 associate members. garage an property located in an R-3 zoning'district al Prepared to Mashpee Planning to from q 2.An article submitted by the Planning Board,Zoning 34,Quaker Run Road(Map 83 Parcel 21)Mashpee, 'A Aerial Photos and PlanimeMc Data horn 1997;Parcels from FY 2003 Asessors Date. N 2) The Town Clerk shall be required to maintain the audio tape records far a period of Board of Appeals and Board of Selectmen amending MA. three(3)years. If,in the opinion of the Town Clerk or,Board Chairman,retention is Irwin Shaw:Request a Special Permit under section in the best interest of the Town,a I y all or portions of Sections 174-3;174-37,174-38,174 Article 19 longer period may be Stipulated. 39,174-x1 and 174-42 to update the zoning by-law's construct)(and license,a dock,ramp and floay-laws in t on k 36-4 Administration parking facility standards, including location of John's Pond wilt maintenance and perpetuity on To see if the Town will vote to authorize and instruct the Board,of Selectmen petition the facilities, parking facility dimensions and required property located in an R+5 zoning district_st 5 Sunset i General Court of the Commonwealth of Massachusetts for enaEttnent of the legislation set te a number of spaces,,to establish design and Circle(Map f4 Parcel 35)Mashpee,MA . i forth in this article in substantial) the form as fled below,and further to authorize the This bylaw shall be administered by the office of the Town Berk, who may designate landscaping requirements for parking,lots,to establish Edward Keelan c/o Alan Clapp:Request a Variance y " person(s)to be the administrator(s)of public records. The Town Clerk shall promulgate such loading facility requirements and to add a number of from Section 174-32 of the Zoning By-laws to propose Board of Selectmen to carry out the provisions of this article,and do all things pertaining perso • a 20'wide crushed stone access roadway under the rules and thereto: regulations as are necessary to administer this bylaw with the approval of the Board parking and landscaping-related definitions,as well as fire protection law on property located In an'R-3 I of Selectmen who shall hold a public hearing,after providing seven(7)days notice of such definitions of the terms"parcel","tract"and"site. zoning district at 4 Keelan Way(Map;112,Parcel,46) , ANALTREZA77VETV rHEAPPDINTMENTOFRETIREDPOLXEOAqMRSWZYNZN hearing, The Town Clerk shall have the full power of enforcement to bring cavil or criminal 3. An article submitted by the Planning Board Mashpee,MA. rHETOWN OFMASNPEEPOLXEDEPARflNENr 8tZrEN4CfE0ASFD'LL0WSr action to enforce the provisions of this bylaw. The Town Clerk must discover or have been amending Sectiorii'174-31, 174-45.D.and 174-45.1. Edward Keelan c/o Alan Clapp:Request 6 Variance r that would allow th nin Board to authorize an from Section 174-32 of the Zoning By-law to property made aware of a violation and shall trot take action until: that a4 9: t increase in height for a hotel or motel as part of the located in an R-3 zoning dislric(at Keelan Way(Map SECTION 1.Notwithstanding any general or special law to the contrary,the Board of Selechnen 112 Parcel a7)Mashpee,MA. or the Board or Offs - risible for thea intment of police officers for the Town of 1) A letter to the violator detailing the Rem(s)of noncompliance shall be been sent special permit required for such projects, allow the Horace C.Sylvester:Request a Special Permit from j pP0 within thirty(30)days of the violation;and, Board the option of reducing mandatory buffer areas Section 174-25(1)(9)of the Zoning By-laws in order to -.•, Mashpee(, t. as the"appointing authority's may appoint,as ft deems _ for hotel,nursing home and similar projects permitted construct a pier,ramp and float on property located in i necessary,any person who has served in the capacity as a permanent full time police officer in 2) The violator shall have been given twenty-one(21)days'a remedy the violation or under Section•174-45 and adding the I-C Overlay an R-3 zoning district at 2 Great River Road(Map 120 f the Town of Mashpee or another municipality of the Commonwealth and who has retired provide sufficient reasons t0 seek a waiver of compliance,Failure t0 respond to the zoning district to the areas where 50%open space is Josephs wenn Mashpee,Request a Variance%under,t honorably based on superannuation to a special police appointment,pursuant to the provisions Town Clerk within the stated time period shall be suffidept ground for immediate not required for such projects. of this act,for the purpose of rforrmi - 4. An article submitted by the Planning Board Section setback r u the Zoning By-laws in order to vary .i performing police details aid t0 perform any other police duties enforcement action. the setback requirements for an existing 201x40' in necessary for the safety and protection of the citizens of the T .Said special police officers, amending Seclton,174-25.F.(9) to allow automobile ground pool on,property located in'.an t R 3'Zoning shall be subject to the same maximum age restrictions)as apply to regular police officers 36-5 Penalties repair shops,provide that work is carried out.within district at 41 Taurus Road (Map,94 Parcel 79); pursuant to Chapter 32 of the General Laws as currently in effect or hereafter amended. A the building"in the I-1 Industrial zoning district Mashpee,MA: special police officermust ass a medical examination aphysicianor other certified S. An article submitted by the,Zoning Board of L. Clark 'WIII' and Heather HIIh..Request a p p A Violation Of this bylaw may be punished by a fine of th+e;h�ndl {330U Q13).per Appeals Sri ki'gft#o?rl6tPtYT)f'hlL'�(ycfibki� 3! 1 V�tgdrfiration to Special.Permit from Sections 174-17, professional chosen by the Town,to determine that he Is of performing the essential offense +1 46 end`174 33 of,the Zoning Bylaws'in order to-f duties'of a specialpolice officer,the cost of which shall be borne by the special police officer, „ L W w � it; hand Space Requirements Table to add a cUcetocal� err t5bn tioa e/ ;p req(nihieFiiih`a9`'Comma?61alrand In t`sW[iar dfsftict b 1d ng to 1�' from existing 1991" e,IieT'w S Prior to performing or t0 continue to perform police duties under this act. Or take any other action relating thereto. u r a 10 toot naturah pr.landsr aped;buffer;be provided j' � �51y granle5n(SOi+132'and 5P}96 1) dri SECTION 2.Special lice officers appointed Under the. rovisions of this att shall not be along side and rear lot lines., property located in an, R 3 zoning district, l 5) police opo p Submitted by.Petition 6. An article submitted by the Zoning Board'of Popponessel,Island Road (Map.106 Parcel_24) subject to the provisions of Chapter 31,nor Sections 97A,99A,and 126 through 133 inclusive Appeals amending the Section 174-31 Land Space Mashpee,MA:'Eric " of Chapter 41 of the General Laws. Article 22 Requirements Table by adding reference to an R-5A 174 5(A)(8 o:Requests Special•-laws,from ordeSecr 16 t 174.25(A)(8) of the Zoning ,By-laws_ in order to district and establishing dimensional requirements for construct an accessory structure on property located SECTION 3.Said special police officers shall,when performing their duties pursuant to Section i This advisory article requests the Board of Selectmen, the Waterways Commission and the that district. In an R-3 zoning district at 85 Blue Castle Drive(Map above,have the same power to make arrests and to perform other police functions,as do Conservation Commission take the actions necessary to transfer ownership of a Town owned 7. An article submitted by the Planning Board and 104 Parcel 20A)Mashpee,MA. regular police officers of the Town. parcel of approximately 7.1 acres(assessor's map 94,parcel 7)to the Conservation Commission Zoning Board of Appeals replacing the current Catherine Perry:Request a Variance under Section as part of an exchange for approximately 5 acres of Conservation land suitable to support the Subsection 174-25(A)(8)and adding a new Section 174-31 of the Zoning By-laws to seek relief from the SECTION 4,Said special police officers shall be appointed for an indefinite term,subject to Mash River Dredging Pr act to the TOwh. 174-45.4 specifying revised regulations for Accessory setback requirements In order to build-a 22'x16', Mashpee redg ng of garage on property located in an R-5 zoning district at removal bythe appointing authority at any time. Apartment. 114 Scituate Road(Map 22 Parcel 68)Mashpee,MA. 8. An article submitted by petition which amends SECTION S.Said special police officers shall also be subject to the rules and regulations, Submitted by Petition Allan and carol Taylor. R f,M6 t a.Special Permit ' Section 174-55.G regarding sign regulations in from Section 174 25(A)(8)of the Zojting By-law+rs in policies and procedures and requirements("requirements")of the town appointing authority nation: This article requests the concerned Town Board and Commissions follow Industrial and Commercial zoning districts. order to legalize and exiisung accessory structure on and/or the Chief ofPoIiCe including restrictions On types Of details and other du assignments, Expo The full text of these articles may be reviewed in the property located inn an R-3 zoning,dlstfict at 8 Cutlass Police, duty 5519 through on the May 2003 Town Meeting vote that postponed transfer of the parcel to the office of the Town Clerk or Town Planner at Mashpee Lane(Map 90 Parcel 68)Mashpee MA. requirements regarding medical examinations to determine continuing capability to perform the Conservation Commission in anticipation of the subject exchange. This exchange benefits the• Town Hall. Carleton J. MacDonald:,RequeSt;e Variance from duties of a special police officer,requirements for training,requirements'for firearms licensing Conservation b y laws to vary lite and qualifications,and requirements regarding uniforms and equipment.Said special the y Submitted by setback requirements on property located in an R-3 e technical challenge and costs associated with the Mashpee Rivet Dredging Project and other BeverlyA.Kane,Chair zoning district at 107 Shore Drive'(Map 117 Parcel officers shall not be subject to the same training requirements pursuant to Section 968 of potential projects. It complies with the citizens May 2003 Town Meering vote. Mashpee Planning Board 336) Mashpee, MA. Owner of Record: Peter and Chapter 41. September 12,19,2003 Dianne Capodilupo of West Roxbury,MA. Carleton J.MacDonald: Request al Pennit SECTION 6.Said special police officers shall be sworn to the faithful performance of their duties pc /{z THE COMMONWEALTH OF MASSACHUSETTS under Section 174-20 of the Zoning y-laws to before the Town perk of the Town who shall keep a record of all such appointments. ds(` E demolish the existing houseand rebuild it on property -ror� located in an R-3 zoning dislrid ar:107 shore Drive SECTION 7.Special police officers appointed under the provisions of this act shall be subject to "y (Map 117 Parcel Di Mashpee; MAi Owner cl the provisions of Section 100 and Section,IIIF of Chapter 41. The amount payable pursuant to Record: Peter and Dianne Capodilupo of west ' Roxbury,MA. the provisions of Section 111F of Chapter 41 shall be calculated by averaging,the amount TOWN Plans may be viewed prior to the hearings in the earned over the n9 ( office of the Town Clerk. Per order of. prior fifty-two(52)weeks as a special police officer working police details or MASHPEE averaged Over such le�ser period of time for any officer designated as a special police Officer OFFICE OF THE TREASURER Edward M.Govoni,Chairmen less than fifty-two(52)weeks prior to the incapacity) In no event shall payment pursuant to NOTICE OFSALE-LAND OF LOW VALUE Mashpee Zoning Board d Appeals' rSection 111E of Chapter 41 exceed,in.any calendar yea;lite limitation on earnings contained „� a Pursuant to an affidavit of lands of low value issued by September 12,19,2003 lin Section of Chapter 32. Payment pursuant to Sect>ort 111F of Chapter 41 shall H N the Department of Revenue and recorded September iterminate when a al lice officer reaches the age of sixty-five(65). In the event age d ^ 8,2003,at the Barnstable County Registry of Deeds in spec( police L m Book 17600,Page 59,and in accordance with General limitation applicable to regular police officers serving a town Is increased from the current sixty- n ' Laws chapter fio, Sections 79 to 80B inclusive, the ,,five(65)years of age,the termination of benefits pursuant to Section 111E of Chapter 41,as o � following parcels of land will be offered for sale at iprovided herein to special police officers,shall terminate at such a higher age limit,but In no m d S c public auction on Thursday,October 9,2003,at 1:00 TOWN OF MASHPEE .event shall said benefits extend beyond the age of seven 70 for any special police officer. M rn P.M.at Meeting Room No.2 at the Mashpee Town I Q!'{. ) x Hall,by MaryAnne M.Gibbs,Treasurer of the Town of ,Special police officers appointed under the provisions of act shalt not be subject to the ti, a Mashpee. B r�"" `�,Uy PUBLIC provisions of Section 85H of Chapter 32,or eligible for any,." efits pursuant thereto. a The parcels being offered for sale are subject to tax r� + title accounts, which have not been redeemed. The 6ECTION 8.Appointment as a special police officer does hot entitle any individual appointed as o treasurer reserves the right to remove any of these HEARING to assignment t0 anydetail(s). N parcels from the auction,if the tax title is redeemed,or ' m for any other reasons.These parcels are being sold an>Foo NOTICE "As IV.Any individual interested in purchasing these Pursuant to Massachusetts General Laws,Chapter 41, ECTION 9,Retired police officers,serving as special police officers pursuant to this Act shall be N `� parcels should conduct an independent investigation the Mashpee Planning Board will hold a public hearing subject to the limitations on hours worked and on payments to retired town employees set forth O $ and inspection of the parcels before entering a bid.The )n Section 91A of Chapter 32. 1^ right is reserved to reject any or all bids. The on Wednesday,October 1,2003,at 7:20 p.m.at the m t ° successful bidders are required, as a condition of the Mashpee Town Hall, 16 Great Neclk.Road North,to SECTION 10,This act shall take effect upon its passage, sale,h authorize the Treasurer to record their deeds, consider an application,by Spring Meadow RAY and shall pay the expense a such recording in addition Trust of 15 Sunset Dr.,S.Yarmouth,MA,Winifred L. g to their respective purchase prices and whatever Hinds,David L.Hinds and Meredith H.Harris of 525 a amounts are required for state deed stamps,if any.All .or take any other action relating thereto. of these amounts must be paid within ten days of the Main St.,Mashpee,MA and Marian G.Spencer d P.O. Submitted by the Pollee Chief CL auction. Box 249, Mashpee, MA for approval of a definitive r MINIMUM BID resubdivision plan of land located north of Main St. Planation: Passage of this article will allow the Selectmen to petition the Generat Court to - M 1)Lots 29 and 30 Poponesset Avenue $3,265.37 (Route 130)and west of Cotuit Road,identified on the enact special legislation to create a Retired Reserve Police Unit within the Mashpee Police - 2)Lots 31 and 32 Block 2 Cotuil Park 3,570.80 Department co 10 3)Lot 8 Assessors'Map 77 Poponesset Ave 2,920.00 Mashpee Assessors Maps as Map 27 Blacks' 6 consisting of Police Officers who have served in the capacity as a permanent full a through 9 and 15 through 27 and Map 37,Stocks 16 me Ince officer N 4)Lot 16 Assessors'Map 77 Poponesset Ave 2,824.72 9 PO Car In the Town Of Mashpee a another municipality of the Commonwealth and j through 26 and 29 through 31,along with portions d N $; 5)Lot 15 Assessors'Map 77 Poponesset Ave 1,791.34 oho have retired honorably based on superannuation. The Retired Reserve Police Unit would ' PD 6)Lot 12 Assessors'Map 77 Poponesset Ave 1,954.06 certain adjacent unconslrucled unnamed streets. Oe a resource of tiained and experienced individuals who may be used to augment the active a Plans may be reviewed in the offices of the Town force in emergencies'to perform private details,and to accomplish oilier law enforcement and G In addition,the successful bidders will be required,as a Clerk or Town Planner at Mashpee_Twrym Hall, V criminal investigation operations missions as needed. y _ _ condition of the sale to pay l directly t the Corrector of �y��by L• ;.,_ g outstandingTaxes the In thel2004 name of the former ownerax (.which is Beverly A:Kane:Chaknian MaryAnne M.Gibbs - .. Mashpee Plarvkng Board Treasurer of the Town of Mashpee September 12, 2003 ArWe 20 ;-= c September 19.2D03 September 19,2003 To see if the Town will amend Section 174-55.0 as follows: - a We Need . / ,Ur Help! I'h an Industrial district,one(1)freestancling sign is permitted on each lot,provided that it does not stand forty(40)square feet in signboard area,does not exceed five(5)feet in height and Is located closer than fifty(50)feet to a tot line. In commercial districts, one(1)freestanding a$ stand per road access point is permitted, with perfntssion of lot owner,wheresign would be - fat•qa p d . positioned. Such sign will be limited to the name of the business and shall direct the public to its location. such signs may not exceed forty(40)square feet in signboard area and may not be closer than twelve(12)feet to any lot line. The top edge of any such freestanding sign shall a Q. be not higher than twenty-five (25) vertical measure above the average level of the ground between the supports of each sign or take any other action related thereto. Article 23 Submitted by Petition ,u" To see if the Town will vote to authorize and empower the Board of Selectmen to accept the ; � Explanation: The purpose of this Article would allow a commercial business that is not visible layout of Jonas Drive as a public way as shown on pian titled as"Jonas Drive Extension"by the from the road to advertise its location at a road access point. The purpose would only be to planning board dated April 1985; and to accomplish said and for expenses incidental advertise a business that could not be seen from the road. and related thereto,the Town vote to raise and appropriate a�nsfer from available funds for 9 appropriation a sum of mo nay to the Jonas!)rive Account and to raise said appropriation the Article 21 Treasurer,With the approval of the Board of Selectmen be authorized to borrow at one time, from time to time,a sum of money under and pursuant to Chapter 44,Section 7 or 8 or any To see if the Town will vote to accept the following new chapter to the Mashpee General-Code: enabling authority and to issue bonds and motes of the`Town therefore,and to further authorize RE the Board of Selectmen to assess betterments to the owners of the land abutting the ways,or a and islands The$anlaritanS Oil Cape COCl and islands Chapter 38: Public Records and Open F1latatinys take any other action relating thereto. CapUnited 0Way 508-50_M s 5W-5 g_'jggg 38-1 Purpose Submitted by Petition t