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Page 12 THE MASHPEE ENTERPRISE.FRIDAY, MARCH 28,2003
<br /> Legal Notices
<br /> ■Continued Expian ri io n: The approval of the easement wiu allow the District access to the Bekher well Explanation: This attics would maintain a 156460t 501ti4 k Mquirement from Routes 28 and
<br /> site from Lowell Road and along Ashees Path-West 151 In Industrial toning districts,but otherwile reduce front setbacks In those districts to 75
<br /> SECTION 9. Retired police officers serving as special ponce officers pursuant to tfnis act shall be feet,which is ctrre►tty the appocame front setback from private streets In Industrial districts.
<br /> Subject to the limitations on hours worked and on payments to retired town employees set forth Article 21 This amendment Is proposed because of recent Anil
<br /> proposed convetilons of streets In
<br /> In Section 91A of Chapter 32. industrial areas from private to Town roads,which ander avrent zoning would kxrease
<br /> To see 9 the Town will vote to grant an easement to Wtpowbend Country Club,Inc.to install, required setbacks Nen these streets from 75 to 150 feet
<br /> SECTION 10. This ad shall take effect upon Its passage, maintain,repair,and replace a sewer line within the right-of-way of Quinnaquissett Avenue and
<br /> the way known as Quippfsh Avenue,between the land of the Cotuit Bay Condominium and the Article 27
<br /> or take arty other action relating thereto. sewage treatment plant owned by Willowbend Community Trust,or take any other action
<br /> relating thereto. To see If the Town V#amend section 174-S5.0 as knows:
<br /> Submitted fry the Police Chid Submitted by Board of Selectrnen
<br /> In an kndustrial ullstrict,one(1)freestanding algin is pt,mftted on each lot,prowled that It does
<br /> Explanation: Passage of this article will allow the Selectmen to petition the General Court to Explanation: This article will grant an easement to WOtowbend Country Club,Inc to cross, not stand forty(40)square feet In signboard omit,does not exceed five(5)feet in height and is
<br /> enact special legislation to create a Retired Reserve Police Unit within the Mashpee Police over a town right of way. located denser than fifty(50)feet to a lot One. In eommercW districts,one(1)freestanding
<br /> Department consisting of Police Officers who have served in the capacity as a permanent full stand
<br /> Per time Police Officer In the Town of Mashpee or another municipality of the Commonwealth and Article 22 road access Point ' Such��e a exceedforty(�)square feet In
<br /> who have retired honorably based on superannuation. The Retired Reserve Police Unit would ��freestanding area and�Y closer than twelve{12)feet to any lot Ilse. The top edge of
<br /> e
<br /> be a resource of trained and experienced Individuals who sign between
<br /> not be higher than f each signfive r tau erti y measure above the
<br /> pe may be used[o augment the active To see ff the Town will vote to accept the layout of'Commercial Street"as a public way as average level of the ground between�supports of each sign or Fake any other action related
<br /> force In emergencies,to perform private details,and to accomplish other law enforcement and shown on a plan entitled"Right of Way Layout Plan,C&Werdal Street,Mashpee,MA"by thereto.
<br /> criminal investigation operations missions as needed. Compensation of personnel assigned to Baxter,Nye&Holmgren,Inc,dated April 7,2003,which layout has been filed In the Office of Submitted by Petition
<br /> the Retired Reserve Police Unit would be derived from contractors/vendors of private details the Town Clerk not later than seven days prior to the date of the vote hereunder and to
<br /> and from Town,federal,state and municipal emergency management funding during arty authorize the Board of Selectmen to acquire by gift,purchase or eminent domain taking any Explanation: The purpose of this Article woidd allow a cot mherdal business that Is not visible
<br /> declared states of emergency. [arid necessary for the purposes of such way as laid out,or take any other action relating from the road to advertise Itself at a road access point The purpose would only be to advertise
<br /> thereto. a twslness that could not be seen from the road.
<br /> Article 15 Submitted by the Board of Selectmen
<br /> Article 28
<br /> To see If the Town will vote to amend the Code of the Town of Mashpee by adding the Explanation: This article would accept the layout of a proposed"connector road"between the
<br /> following Section 40-7.A.to Chapter 40: Mashpee Industrial Park and the proposed"South Cape Village"shopping center at the comer To see if the Town will vote to transfer a parcel of tand,Owned by the Town of Mashpee as
<br /> of Route 28 and Donna's Lane.The roadway is recommended in the Town's Comprehensive shown on the Assessors Map as Map 94 Parcel 7 Into the care andaarstodyof the Mashpee
<br /> When a two-thirds vote Is required by statute,the moderator may simply declare that Plan and Is required as a condition of the permits issued for the shopping center by the Cape Conservation Commission,or take any other action relating thereto.
<br /> the vote passed by the necessary two-thirds majority In.accordance with General Laws Cod Commission and the Mashpee Planning Board in order to reduce future curb cuts and traffic
<br /> Chapter 39,Section 15. Seven voters can question the moderator's declaration of the congestion on Route 28. The entire cost of laying out and constructing the road is being paid Submitted b Petition
<br /> vote• by the developer of the shopping center. y
<br /> Explanation: This parcel of land Is ctrrrently abutted by t:onservatlon[arid,a homeowners
<br /> association,and a well-site owned by the South Cape Resori-tondominfum Association. To
<br /> or take any other action relating thereto. Article 23 build homes that would abut the wen-site may have an adverse Im quality Submitted by the Town Clerk Y pa4ton the hall and/or
<br /> To see if the Town will vote that the parcel of Town-owned land shown as"Parcel D"on a plan supply of water for South Cape Resort
<br /> Explanation: Under the current procedure at Town Meeting,votes requiring a two-thirds' entitled"Right of Way Layout Plan,Commercial Street,Mashpee,MA"by Baxter,Nye& Article 29
<br /> majority must be unanimous If taken as a voice vote. Adoption of this article would allow the Holmgren,Inc.,dated April 7,2003,which is that portion of the parcel shown on the 2002
<br /> Moderator to declare a two-thirds'majority if the voice vote is dearly sufficient but less than Mashpee Assessors'Maps as Map 81,Block 21 lying east of the proposed"Commercial Street" To see If the Town will vote to amend the Town By-Laws by adding thereto a new section
<br /> unanimous,thereby saving the time needed for a counted vote In situations where the outcome shown on said plan,shall not be held by the Town as conservation land;and further,vote that 4.S.l.c.as follows:
<br /> Is self-evident This change would In no way affect the current right of any seven voters to said parcel shall be transferred from the care and custody of the Tax Collector for the purposes
<br /> request a counted vote,nor would it prevent the Moderator from taking a counted vote when of sale,to the Board of Selectmen for purposes of sale or lease to a non-profit entity or entities, Section 4.S.l.c.
<br /> the voice vote Is too close to call. with such transfer to be made subject to a deed restriction,which may contain a reverter
<br /> Article 16 clause,restricting the use of said parcel to those uses deemed appropriate by the Board of C. Any Person who is the owner,keeper,or Individual having responsibility for a dog shall
<br /> Selectmen and subject to certain design guidelines and other conditions which the Board may insure that such a'dog Is not a nuisance by reason of excessive howling or barking for a
<br /> To see If the Town will vote to amend the Code of the Town of Mashpee by deleting Article XVI deem appropriate;and finally,to authorize the Board of Selectmen to make use of other duration longer than 15 minutes any time during the day or night.
<br /> of Chapter 5-Affordable Housing Committee,In its entirety and replacing It with the following: Instrumentalities of the Town or other agencies and to enter Into any agreements necessary,to
<br /> effect the transfer of such land In accordance with this Hrficle,or take any other action relating For the purpose of this By-Law nuisance shall be defined as"A source of annoyance to sick or
<br /> Article XVI-Affordable Housing Committee thereto. convalescing persons residing in the vicinity and disturbing a person or persons reasonable right
<br /> D Submitted by the Board of Selectmen to peace or privacy by making loud orcontlnuous noise by barking or howling,which Is plainly,
<br /> §5-62. Appointment;Purpose: The Board of Selectmen shall appoint an Affordable ARTICLES 22& 23 audible off of the premises."
<br /> Housing Committee for the purpose of assisting In any future updates to the'
<br /> Affordable Housing element of the Comprehensive Plan,reviewing and Whoever violates the provisions of this Bylaw Upon.a first offense In a calendaryear shall be
<br /> submittingcomments on an issued a verbal warning,u n an
<br /> y proposals for affordable housing projects g po y subsequent violation within said calendar year will be
<br /> fine a ne of Fifty(;50.00)dollars,
<br /> submitted for approval t0 the Board of Selectmen under the Local Initiative assessed
<br /> Program or the Zoning Board of Appeals under Massachusetts General Laws ` b
<br /> Chapter 40B,Identifying and facilitating opportunities es for Increased housing Or take any other action thereon.
<br /> affordability In Mashpee on an ongoing basis,working with the Planning " e j -- submitted by Petition
<br /> Department and other agencies to develop a Housing Development Action
<br /> Plan under the provisions of 760 CMR 46.00 and seeking its approval by the SOUTHCAPE Q Explanation: We the undersigned petition the-board of selectmen to amend the current
<br /> E VILLAGr•�
<br /> Board of Selectmen and the Secretary of Massachusetts Department of SVI LLAG G i;'tu barking laws. The current law we consider to be a"part-time"law and does not pertain to all of
<br /> Housing&Community Development and maintaining communications withCF_NTER r g f the Taxpayer's working schedules. We also feel that It Is not a fair quality of life for the Animal.
<br /> similar groups In housing organizations. The activities and recommendations :°v Arttde 30
<br /> of the Committee shall be consistent with the goals,objectives,policies and )TAY.:
<br /> action plan of the Town's adopted Comprehensive Plan. DE That the administration of the Town of Mash
<br /> pee'and the vaHous subdivisions and departments
<br /> §5-63. Membership;Terms: The Board of Selectmen shall appoint the Affordable recognize that veterans have certain rights'to tndude but not limited to the 1993 employment
<br /> Housing Committee,consisting of nine(9)members. Members shall be - and re-employment rights act,for town employees called to active military service In the armed
<br /> reappointed annually. The members of the Affordable Housing Committee r i' forces,to Include the Coast Guard;Natlonal Guard.and Militia by order of the Governor of the
<br /> shall serve without pay. - SEA MiST Commonwealth or the President of the United states,
<br /> 1
<br /> §5-64. Organization;Meetings: The Committee shall elect annually a Chairman, RESORT That the administration of the Town of Mashpee and the various subdivisions and department
<br /> Vice Chairman and Clerk. Said election shall take place at Its first meeting heads make diligent efforts to ensure that veteraittrlghts under state and federal law to Include
<br /> after July 1 of each year, LIFE AT but not limited to assignments,re employment arid health care be fostered and promoted for
<br /> _
<br /> r�uaw+ MASHPEE town employees called to active military duty and or returning from said duty.
<br /> or t§ke any other action relating thereto.
<br /> Submitted by the Board of SelectmenT rave:, r
<br /> 3 (, - -, .. :,.J: ii e� .�nev e z�zsupsh roz un�3uh�H lun9
<br /> Submitted by Petition
<br /> Explanation: This article would change the makeup of the Affordable Housing Committee,In Tom``% And you hichdreby'direeted id selevc ibis Wartant by posting,up altos-Wil ecnttii>��'ahcrcuP:;tiinct,t
<br /> order to meet the quorum requirement for holding meetings. ARTICLE ; the Town Hall,one.al Ilio Post Offic';olid-laic eneh on the bulletin hoards,thirty dory.sit least
<br /> 23
<br /> Article 17 MADAKEI LAND before said meeting.
<br /> PLACE �
<br /> To see If the Town will vote to amend section 7 C.of Chapter 172 of the Mashpee Code by _ Hereof fail not and make return of this Warrant with your doings thereon to tale Town Clerk a1
<br /> the time and place of said meeting.
<br /> substituting the following for the last sentence of said section:
<br /> RK
<br /> Any permit may be renewed for an additional year,or In the Commission's discretion,a longer Given under our hands this twenty-fourth day of March in-tile ycdr of two thousand and three.
<br /> period of time(not to exceed three years)provided that: MEDICAL/MS""EE
<br /> `r"'ER Per order of,Board or Selectmen
<br /> 1. a written request for renewal Is received at least 30 days prior to the expiration date of o0
<br /> the original permit(issued under Chapter 172); �,8� MAS I PARK Wayne E.Taylor
<br /> o
<br /> and that the Commission finds that: David L.Leveille
<br /> Kenneth E.Manrslcrs
<br /> `r�
<br /> 2. delays In initiating or completing the originally permitted work were unavoidable ' I 1 George F.Green;Jr.
<br /> � John J.Cahalanc
<br /> (including,but not limited to,appeals or Inability to obtain other,applicable permits);
<br /> Explanation: This article would authorize the selectmen to lease or sell a parcel of land
<br /> 3. current Information Indicates that the provisions of the original permit remain adequate containing approximately 6 acres located east of Route 28 on a proposed street called rowry
<br /> "Commercial Street",previously taken by the Town for non-payment of taxes,to an appropriate
<br /> to protect the wetland values of Chapter 172.The Commission may,If It deems It T�WIi of Mashpee
<br /> necessary,require updated plans and/or other Information to make this determination; non-profit entity,which may include a non-profit Inn and conference center proposed by the
<br /> Doreen Grace Fund. The land would be permanently restricted to uses deemed appropriate by
<br /> 4. permitted,Incomplete work meets the current provisions and regulations of Chapter 172 the Board of Selectmen(and would also have to conform to applicable zoning),with design and N �, Special Tien Meeting
<br /> (as in effect at the time of the receipt of the written request for renewal); other conditions specified by the Selectmen,and would be transfered to an agency or �,�"`
<br /> organization selected through a"Request for Proposals"process. Under the provisions of
<br /> S. Incomplete work Is not causing damage to the wetland values of Chapter 172; Chapter 5,Article VI,Section 5-27 of the Town Code,such a transfer of tax title lands may only
<br /> occur after the Town has voted whether or not such land should be held as conservation land.
<br /> 6. work already completed is In compliance with the provisions of the original permit, This article therefore includes a vote that the land shall not be held as conservation land. Barnstable,ss:
<br /> Article 24
<br /> or take any other action relating thereto. Greetings to the Constables of the Town,
<br /> Submitted by the Conservation Commission To see if the Town will vote to amend the Zoning By-law,Section 174-31"Town of Mashpee-
<br /> Explanation:The original version allowed for only acne-time extension,which proved to be a Land Space Requirements Table",by in the name of the Commonwealth of Massachusetts,you are hereby directed to notify and
<br /> hardship for some.The new version allows for a little flexibility in that regard.Items 1,2,3,5 and amendingthe C-1 row b replacing the number"^ summon the inhabitants of the Town of Mashpee°Who are qualified to vote in the elections to
<br /> Y PI 9 2 under the"Maximum Building Height meet at the Quashnet School on Monday,the 5th day of May,2003 at 7:30 p.m.for the follow-
<br /> 6 essentially mirror state Wetlands Protection Ad regulations.Item 4 affords the greater (stories)"column with the number"3"and by replacing the number"35"under the"Maximum
<br /> protection Inherent to our home-rule wetlands protection bylaw,by requiring remaining work to Building Height(feet)"column with the number"45^, ing purposes:
<br /> meet current standards and authorizing the Commission,if necessary,to evaluate Impacts
<br /> based upon updated assessments. and further amending said Table by adding a reference to a new footnote 21 at the head of the To act on the articles contained in the following Warrant. '
<br /> Article 18 "Maximum Building Height"column,with said footnote to read as follows: -
<br /> "21 No building shall be approved with a height greater than 35 feet unless adequate access Article 1
<br /> To see If the Town will vote to accept the provisions of Massachusetts General Laws Chapter has been provided for Fire Department vehicles and equipment,"
<br /> 148,Section 26H"Lodging or Boarding houses:automatic sprinkler systems",or take any other
<br /> action relating thereto. and further amending said Table by adding reference to a new footnote 21 at the head of the To see if the Town will vote to appropriate and transfer from available funds$72,262 to the
<br /> Submitted by the Fre Chief "Maximum Building Height"column,with said footnote to read as follows: Police Salary/Wage Account to fund a contract between the Town and the international Broth-
<br /> erhood of Police Officers,Local 389;Unit A.for the period beginning July 1,2001,or take any
<br /> Explanation: Passage of this article would require the owners of lodging houses and boarding "22 Except that hotels and motels within I-C Overlay zone may be increased to 3 stories and 45 other action relating thereto.
<br /> houses to install fire sprinkler systems within five years of acceptance of the statutory provision, feet,subject to the provisions of footnote 21 above.- Submitted by the Board of Selectmen
<br /> Article 19 or take any other action relating thereto.
<br /> Explanation: This article will provide furMing for a contracYbetween the Town and the Inter-
<br /> To see If the Town of.Mash national Brotherhood of Police Officers,Local 389,Unit A.
<br /> Mashpee Will vote to accept potassium iodide from the Department of
<br /> Public Health pursuant to itsIodide Stockpiling Program or the operators of the Plymouth Submitted by Board of Selectmen
<br /> Nuclear Power Station and to further see if the Town will vote to commission the Board of Explanation: This article would increase allowed Recommendation: The Finance Committee recommends approval.
<br /> p building height in the C-1 Commercial zoning
<br /> Health to develop and distribute educational materials to apprise the general public of the district(the commercial zone around the Mashpee Rotary)from 2 stories and 35 feet,to 3
<br /> issues regarding the use of potassium Iodide,and to formulate a storage and distribution plan stories and 45 feet in order to allow more efficient and compact development of projects In the Article 2
<br /> that Is consistent with forthcroming regulations of the Massachusetts Department of Public Town's"downtown"commercial area. With the Fre Department's acquisition of a"tower"
<br /> Health and coordinate with the Town of Mashpee Fire and Police Departments,Emergency truck,fire emergencies in buildings of this height can now be properly dealt with,provided that To see if the Town will vote to appropriate and transfer from available funds$26,283 to the
<br /> Management personnel and other entities and town departments as the Board of Health deems proper access Is provided for the Fire De
<br /> necessary to ensure the timely distribution of potassium iodide should It become necessary,or PartrnhenYs equipment Pollee Si n,Unit B Recount to fund M.C.O.P.
<br /> contract.Lolbetween the Town and the Mosinee Police
<br /> take any other action relating thereto. Article 25 Association,Unit B,Sergeants,M Liting.heea1320,AFL-CIO,for the period beginning July
<br /> t,2001,or take any other action relating thereto.
<br /> Submitted by the Board of Health To see if the Town will vote to amend the ZoningSubmitted by the Board of Selectmen
<br /> read as follows: By-law by revising Section 174-24.H.(1)to
<br /> Explanation: Cape Cod and Town of Mashpee are situated In an area relative to a nuclearExplanation:This article will provide funding for a contract between the Town and the Mashpee
<br /> power plant as described in Chapter 425 of the Ads of 2002 and may be affected in the "(1) Those uses listed in the Table of Use Regulations in Subsections A(6), LO
<br /> C
<br /> Police Association,Unit B,Sergeants,M. . .P. oca1320AFL-CIO.
<br /> .
<br /> B.(7),8.(8),E.(3),E.(7)and F.(8)•
<br /> event of a release of radiation,accidental or otherwise. There are limited escape routes for
<br /> the people in this area. The aforementioned bill provides for obtaining a supply of
<br /> Potassium Iodide for protection from thyroid cancer,at no cosi to the Town. or take any other action relating thereto, Recommendation: The Finance Committee recommends approval, /
<br /> Submitted by Board of Selectrnen / l
<br /> Article 3
<br /> Attics 20
<br /> Explanation: This article would allow motels and hotels in the I-C Overlay zoning district
<br /> Article 26
<br /> To see if the Town will vote to appropriate gid transfer from available funds 5443.51 to pay
<br /> Tosee If m Map 44,Parcel 46 and here particularly shown on a calor entitled Easement Plan OF Landwn To see by the Town will vote to amend the ZorrbxJ By-law,Section 174-31'Town of Mashpee-e Town will vote to grant an easement in,over,under and upon the land She on previous fiscal year unpaid bil�as fiiiYows
<br /> Land In Mashpee,MA'prepared for the Mashpee Water DisUfd,Scale 1'=100' Space Requirements Table',by
<br /> by Eagle Falmouth Hospital 275.00
<br /> Surveying and Engineering,Inc.,South Yamnoerth,MA,dated July 6,1999 and revised amending the I-1 row by repladmg the number"150„urnd�the"Minimum Building Setback to Mashpee Chiropractic 90.00
<br /> December 3,2002,copies of which are on fife In the Office of the Town perk,to the Mashpee Lot Unes'-"Front'column with the number"75"and by the current text of Footnote Verizon 22.51
<br /> Water District for water supply,distribution,and wen head protection purposes and all purposes 411 with the following: replacing Hastings Tapley 56.00
<br /> reasonable related thereto;and that the Board of Selectmen and the Conservation Commission
<br /> be hereby authorized to execute and deliver to the Mashpee Water District an plans and "11 Except that no building in any irrduStrfal district be located within 150 feet of Routes or take any other action relating thereto.
<br /> instruments necessary to effectuate the purpose of this article and the granting of such an 28 or 151.' m?Y
<br /> easement to the Mashpee Water Disaicts,or take any other action relating thereto. Submitted by the Town Accountant
<br /> or take any other action relating thereto.
<br /> Submitted M the Board of 5electrrnen Submitted by Board of Selectmen CINotg>Itdd A111 Next Page
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