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P12 THE MASHPEE ENTERPRISE • FRrIDAY.
<br /> M14RCH 28, 2003
<br /> Legal ,.,N0 ," es
<br /> Explanation: The approval of the easement will allow the DTsaEc ro the Belcher well
<br /> l II site from Lowell Road and along Ashees Path-West. Explanation,
<br /> ,q!sLtl�d police officers serving as special pollee officers pursuant to this act shall be 151 in Industrial Maintain a 150 foot setback went from Routes 28 and
<br /> t li,pitatio a on hours�rorked and on payments to retired town employees set forth Article 21 feet,which Is
<br /> currently otherwise reduce front setbacks In those dtstrkts to 75
<br /> ,I 9 r ofitDtapter 32.
<br /> I This amendment is proposed because ofcable frontetback andfrom private streets in Industrial districts,
<br /> r p��Tlrl$ad shall take effect upon its passage, To see if the Town will vote to grant an easement to Wlllowbend Country,Club,Inc.to install irequ,reda areas from �t0 Town recent �� g u it In
<br /> maintain,repair,and replace a sewer line within the ri ht-of- des from which
<br /> under current zoning would irxrease
<br /> ter a-tion relating.thereto: the way known as Quippish Avenue,between the land of the am it y�a Condominium Avenue
<br /> and the Article 27 tO 150 feet. '
<br /> sewage treatment plant owned.by Willowbend Community
<br /> relating thereto. Trust,or take any other action
<br /> Submitted by the Police Chief To see If the Town
<br /> Will Submitted by Board of Selectmen amend Settlor 174-55,C as fogows:
<br /> fi l can: Passage of this article will allow the Selectmen to,petition the General Court to Explanation: This article will grant an easement to Wlllowbend, In an Industrial district,One 1
<br /> legislation to create a Retired Reserve Police Unit within the Mashpee Police over a town right of way. country Cub,Inc.to cross not stand O9 sign Is permitted on each lot,provided that It does
<br /> epi t:pnslsting of Police Officers who have served in the capacity as a permanent full WY(40)square feet In signboard area,does not exceed five
<br /> Poike Officer in the Town of Mashpee or another municipality of the Commonwealth and Article 22 located closer than fifty (5)feet In height and is
<br /> load per road (SO)feet to a lot line. In commercial districts,one(1)freestanding
<br /> )lave retired honorably based on superannuation. The Retired Reserve Police Unit would signboard area and ss int is �signs may not exceed forty(40)square feet In
<br /> ° ourt a of trained and experienced individuals who may be used to augment the actdge of
<br /> ive To see if the Town will vote to accept layout of"Comm si such may not be closer than twelve(12)feet to any lot line. The
<br /> eirciel S y e freestanding of th ng sign shall not be higher than twenty-five(25)'vertical measure above the
<br /> + etnergendes;to perform private details,and to accomplish other law'enforcement and shown on h plan entitled"Right of Way Layout Plan,Commercial as a public way as average level t the ground between e
<br /> ,pyestlgation operations missions as needed. Compensation of personnel assigned to Baxter Nye pl Holm ren Inc,,dated April 7 2003 which layout hast,Mashpee,MA"by thereto. supports of each sign or take any other action related
<br /> Reserve Police lJnit would be derived from contractors/vendors of rivate details y g P y treen,filed In the Office of
<br /> P the Town Clerk not later than seven daysprior to the date of the vote hereunder and to Submitted by Petition
<br /> Tov{n,federal,state and munlctpal emergenty management funding during any authorize the Board of Selectmen to acquire by gift,purchase or eminent domain taking any Explanation; The
<br /> states of emergency.
<br /> land necessary for the purposes of such way as laid out,or take any other action relating Purpose of this Article would allow a commercial business that is not visible
<br /> L i6 thereto: 6 a business that could not be seen from the road.� purpose would only be to advertise
<br /> 15 9 from the road to advertise itself at a road access int. The
<br /> SubinItted by the Board of Selectmen
<br /> µ4q Town..wlll vote to amend the Code of the Town of Mashpee by adding theArticle
<br /> Section 40-7.A.to Chapter 40: Explanation: This article would accept the layout of a,proposed"connector road"between the 28
<br /> Mashpee Industrial Park and the proposed'South,Cape Village"sho'"
<br /> of Route 28 and Donna's Lane,The roadway is recommended,-In the Tow sComprehensiventer at the con r To see s own if the Town will vote to transfer a parcel of land,owned by the Town of Mashpee as
<br /> fien`a two thirds vote is required by statute;the moderator may simply declare that of Route 2 required as' condition of the permits issued for sho Assessor's Map as Map 94 Parcel 7 into the pre and custody of the Mash e
<br /> the vote passed by the necessary two-thirds majority tn.accordance with General Laws Cod Commission and the Mashpee Planning Board In order to reducepng center by the Cape Conservation Commission or take any other action relating Y
<br /> Ater 39,Section 15. Seven voters can question the moderator's declaration of the vote. congestion on Route 28. The entire cost'of laying out and constructlny the road tsubeln being I 9 thereto.
<br /> by the developer of the shopping center. Submitted by Petition
<br /> ahy other action relating thereto. Explanation:This parcel of land Is currently abutted conservation lad,a homeowners
<br /> Article 23 association y
<br /> and a well-site owned the South Cape by
<br /> Condominium Association. To
<br /> fir r Submitted by the Town Clerk build homes that would abut the well-site may have an adverse impact on the quality and/or
<br /> To see if the Town will vote that the parcel of Town-owned land show supply of water for South Cape Resort. q ty
<br /> anatlpn Under,the current procedure at Town Meeting,votes requiring atwo-thirds' P vin as"Parcel D"on a plan
<br /> rity,in be urianlmous If taken as a voice vote. Adoption of this article would allow,the entitled"Right of Way Layout Plan,Commercial Street,Mashpee,Mq"by Baxter,Nye& Altlde 29
<br /> Y Holmgren,Inc.,dated April 7;2003,which is that portion of the parcel.shown on the 2002
<br /> "tor to dedare•a two-thirds'majority If the voice vote is clean sufficient but less than Mashpee Assessors'Maps as Map 81,Block 21 lying east of the
<br /> ealrlmott�,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 conserva Proposed"Commercial Street" To see if the Town will vote to amend the Town By-Laws by evident I Ills tltange would in no way affect the current right of any seven voters to tion tarld;;and further,vote that 4.5a.c.as follows: y y adding thereto a new Section
<br /> a mounted vote,nor would It prevent the Moderator from taking a counted vote when said parcel shall be transferred from the pre and custody of�the TaxColledor for the,purposes
<br /> to vote is too close to call. of sale,to the Board of Selectmen for purposes ofsale or lease to a non profit entity or entities,
<br /> ac r f r with such transfer to be made subject to a deed restriction„whlch.ri;ay contain a reverter Section 4.5.1.c.
<br /> pldtle}16 clause,restricting the use of said parcel to those uses deemed a ro'ate b the Board of C. An
<br /> Pp ii. y y person who is the owner,keeper,or Individual having responsibility fora dog shall
<br /> Selectmen and subject to certain design guidelines and other coditions which the Board may insure that'such a dog is not nuisance by reason of excessive howling
<br /> i own,will vote to amend the Code of the Town of Mashpee b deleting Article XVI deem appropriate and final) to authorize the Board of Selectmen;ao make use,of other, duration longer than 15 minutes or barking for a
<br /> jaseelf.Vhe P Y 9 Instrumentalities of the Town or a g es any time during the day or night.
<br /> ' dpepter 5 Affordable Housing-Committee,In its entirety and replacing it with the following: agencies,and to enter into any agreements necessary;to
<br /> effect the transfer of such land In accordance with this Article,or take other action relating
<br /> i�rtlde XVI Affordable Housing Committee thereto. , For the purpose ofthis By-Law nuisance shall be defined as"a source of annoyance to sick or
<br /> -
<br /> convalescing persons residing In the vicinity and disturbing a person or persons reasonable right
<br /> Submitted by the Board of Selectmen to peace or,privacy by making loud or continuous noise by barking or howling,which Is plainly
<br /> §15
<br /> Z. Appointment;Purpose:The Board of Selectmen shall appoint an Affordable A audible off of the premises.”
<br /> +lousing Committee for the purpose of assisting in an future updates to the ARTICLES 22 & 23 '
<br /> 1 U aw, 9 Y P
<br /> Affordable Housing element of the Comprehensive Plan,reviewing and -housing projects Whoever violates the provisions of this BY Law upon a first offense In a calendar shall be
<br /> submitting comments on any proposals for affordable Issued a verbal warning,upon any subsequent violation within said calendar year will be
<br /> submitted for approval to the Board of Selectmen under the Local Initiative assessed a fine of FI
<br /> �- fly 050.00)dollars.
<br /> progrem or the Zoning Board of Appeals under Massachusetts General Laws
<br /> Chapter 406,Identifying and facilitating opportunities for Increased housing
<br /> Or take any other action thereon.
<br /> affordability in Mashpee.onan ongoing basis,working with the Planning wF : Submitted by Petition
<br /> Department and other agencies to develop a Housing Development Action ;?u~i
<br /> Plan under the provisions of 760 CMR 46.00 and seeking Its approval by the SobiHCAPE 1 01-C Explanation: We the undersigned petition the board of selectmen to amend the current
<br /> Board of Selectmen and the Secretary of Massachusetts Department of VILLAGE I/ 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 with SHOPPING r;Iu Taxpayer's working schedules. We also feel that it Is not a flair quality of life for the Animal.
<br /> similar groups in housing organizations. The.activitles and recommendations CF_NrER .,r - J� the Tax
<br /> a of the Committee shall be consistent with the goals,objectives,policies and c Article 30
<br /> I!�
<br /> ,c action plan of the Town's adopted Comprehensive Plan. DE
<br /> That the administration of the Town of Mashpee and the various subdivisions and departments
<br /> §
<br /> 5-63., Membership;Terms: The Board of Selectmen shall appoint the Affordable
<br /> ll brecognize thatveterans have certain rights to Include but not limited to the 1993 employment
<br /> Housing Committee,consisting of nine(9),rhembers. Members shae and re-employment rights ad,for town employees called to active military service In the armed
<br /> reappointed annually. The members-of the Affordable Housing Committee forces,to Include the Coast Guard,National Guard and Militia by order of the Governor of the
<br /> shall'serve without pay. Commonwealth or the President of the United States.
<br /> .. ,"SEA MIST .
<br /> §564; Organization;Meetings: The Committee shall elect annually a Chairman, i REsoRr That the administration of the Town of Mashpee and the various subdlA ons and department
<br /> r Vice Chairman and.Clerk. Said'elelttion shall take place of its first meeting heads make diligent efforts to ensure that veterans rights under state and federal law to Include
<br /> t after July 1 of each year,
<br /> LIFE AT but not limited to,assignments,re employment and health care be fostered'and promoted for
<br /> MASHPEE town employees called to active military duty and or returning from said duty.
<br /> k hyother,action,relatingthereto.'c '.1-16
<br /> ., ,:Y
<br /> 't
<br /> :�. 41a) J.`.et' r3r, b! f.:G u` '. Submitted the Board ofSele' r;.+. ,i T 1 :.• h'+ _ t7 N AG1 ssry asM'
<br /> 1, cth►en t Submitted Petition
<br /> t; `t?�y Y:r=,gin t, �•tr7r{ -,` ;�; :r�"i`
<br /> r�rwuwt'
<br /> -`�� ` .}.�# Fri ':.�. ' •�. 'r ;r x}.�, w!if Isv of r _�.; rjJ ur',un ft lus
<br /> q by
<br /> atation:.Thfs a.Ice would c - ( ... - 3t t i a,.. .,t 4��� f rI r At
<br /> It,; hang-the makeup of the Affordable Com tteert rowN Apd, yu are(tcic,�yPtal'Pt{ k ticlv�tilus l�?;?fir, tt t y posting rq ,lucaeticnl+lt's,Ih�Iv bfC srnc al
<br /> 9 R71C4E; n.r c,..z
<br /> P ,' kAf -A:, t+ ..,,, the:Town,Hall,one.at the„1?ost,.pfficc,.and each on the bulletin Iwarcls,Ihirt'Ila a al leas'
<br /> rt (4tieet the'quorum requirement for holding meetings, ” 23 \ y y, ,
<br /> Article 17 MADAKET- LAND before said mecling.
<br /> j PLACE
<br /> Hereof fail not and make return of this Warrant with your doings Ihercon to the Town Clerk at
<br /> To see if the Town will vote to amend section 7 C.of Chapter 172 of the Mashpee Code by - the time and place ofsaid meeting.
<br /> substituting,the followingjfor the last sentence of said section:
<br /> r RK Given under our hands this tWenly-fourth day of March in the year or two thousand and three. '
<br /> Any perrrrit may be ,Hewed for an additional year,or In the Commission's discretion,a longer ru�mee / r
<br /> period of time(nt ro exceed three years)provided that: i
<br /> nreaca. t
<br /> CENTER Per order of,Board of Selectmen
<br /> 1. a written request for renewal Is received at least 30 days prior'to the expiration date of
<br /> the odginal`permit(issued under Chapter 172); �g MAS I PARK Wayne E.Taylor
<br /> o David L Uvcillc
<br /> and that the Commission finds that: / Kcnuah F.M rrsa rs
<br /> "_� George F Green,Jr.
<br /> 2 delays in initiating or completing a originally permitted work were unavoidable ----7-- _--. � 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 orsell a parcel of land
<br /> 3. ,current information indicates that the provisions ofthe original permit remain adequate containing approximately 6 acres located east of Route 28 on a proposed street called f,t»n
<br /> onA` 7 ee
<br /> to protect the wetland-values of.Chapter 172.The Commission may,If it deems it Commercial Street,previously taken by the Town for non-payment of taxes,to an appropriate S s'"" •*,t Town of h
<br /> `necessary,require updated plans and/or information to make this determination; non-profit entity,which may include a non-profit inn and conference.'entemon r proposed by the y o 1�laSp
<br /> Doreen Grace Fund. The land would be permanently restricted to use's deemed appropriate by
<br /> 4. permitted,incomplete work meets the.current provisions and regulations ofChapter 172 the Board of Selectmen(and would also have to conform to.applicablg;zpning),with design and Special Town 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'td:an agency or
<br /> I selected through a"Request for Proposals"process Under"th'e provisions of
<br /> 5: 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 transfenof tax title lands may only
<br /> occur afterthe Town has voted whether or not such land should 6e heltl'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 cunservatlon land. Bamstabie,'ss:
<br /> Article 24 ;
<br /> or take any other action relating thereto. a 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 /> Land Space'Requirements Table",by .. In the name of the Commonwealth of Massachusetts,you are hereby directed to notify and
<br /> Explanation:The original version allowed for only a one-time extension,which proved to be a summon the inhabitants of the Town of Mashpee who are qualified to vote in the elections to
<br /> hardship for some.The new,version allows for a little flexibility in that regard.Items 1,2,3,5 and amending the C-14ow by replacing the number"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 Act regulations.Item 4 affords the greater (stories)"column with the number"3"and by replacing the number`35"under the"Maximum Ing purposes:
<br /> protection inherent to our home-rule wetlands protection bylaw,by requiring remaining work to Building Height(feet)"column with the number"45", s'-
<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 /> "Maximum Building Height"column,with said footnote to read as foliows
<br /> IArticle.l8
<br /> "21 Nobuildingshall be approved with a height greater than 35 feet u?less;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 Flre Department vehicles and equipment,"
<br /> g p y To see if the Town will vote to appropriate and transfer from available funds$72,262 to the
<br /> 1148;Sgctlon 26H"Lodging or Boarding houses:automatics sprinkler systems" or take an other
<br /> action relating thereto. and further amending said Table by adding reference to a new footnote2l at the head of the Police Salary/Wage Account to fund a contract between the Town and the International Broth-
<br /> Submitted by the Fire Chief "Maximum Building Height"column,with said footnote to read as follows erhood of Police Officers,Local 389,Unit A,for the period beginning July I,2001,or take any
<br /> - "22I to 3 stories and 45 other action relating thereto.
<br /> ;xplanation: Passage of this article would require the owners of lodging houses and boarding fee Except that hotels and motels within I-C Overlay zone may be increased Submitted by the Board of Selectmen
<br /> buses;to install fire sprinkler systems within five years of acceptance of the statutory provision. feet,subject to the provisions of footnote 21 above."
<br />. ktlde 19
<br /> or take any other action relating thereto. Explanation: This article will provide funding for a contract between the Town and the Inter-
<br /> national Brotherhood of Police Officers,Local 389,Unit A.
<br /> \74see If the Town of Mashpee will vote to accept potassium iodide from the Department of Submitted by hoard of Selectmen-
<br /> IIc.Heaith Pursuant to Its Iodide Stockpiling Program or the operators of the Plymouth g g C-1 Commercial zoning Recommendation: The Finance Committee recommends approval.
<br /> ear Power Station and to further see if the Town will vote to commission the Board of Explanation: This article would Increase allowed building height In tine yitd'35 feet,to 3
<br /> lth to develop and distribute educational materials to apprise the general public of the district(the commercial zone around the Mash Rota from 2 stodes, of projects in the Article 2
<br /> is 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 deve,tpirr- of a"�I„ t
<br /> tlyt s regIspiri stent with forthcoming regulations of the Massachusetts Department of Public Town's"downtown"commercial area. With the Fire Department's ac provided that To see if the Town will vote to appropriate
<br /> li�lth,and coordinate with the Town of Mashpee Fire and Police Departments,Emergency truck,fire emergencies in buildings of this height can now be proPer,yi- Police Sal AVa PPr transfer from available funds Mashpee
<br /> to the
<br /> Ma ent personnel and other entities and town departments as the Board of Health deems properaccess is provided for the Fire Department's equipment ,. ar) ge Account to fund a contract between the Town and the Mash Police
<br /> a�ryto ensure the timely distribution of potassium iodide should It become necessary,or r ;, Association,Unit B,Sergeants,M.C.O.P.Local 320,AFL-CIO,for the period beginning July C
<br /> other action relating thereto. Article 25 1,2001,or take any other action relating thereto.
<br /> apt'.. Submitted by the Board of Selectmen
<br /> Submitted by the Board of Health To see if the Town will vote to amend the Zoning By-law by revising Sion 174 24.1-1.(1)to '
<br /> I read as fellows:
<br /> Ons A.(6) Explanation:This article will provide funding for a contract between the Town and the Mashpee
<br /> i
<br />_ E on: Cape.Cod and Town of Mashpee are situated in an area relative to a nuclear "(1) Those uses listed In the Table of Use Regulatkms Police Association,Unit B,Sergeants,M.C.O.P.Local 320,AFL-CIO.
<br /> 5T__'r r-Powe(=plant as described in Chapter 425 of the Ads of 2002 and may be affected in the B.(7),B.(8),E.(3),E.(7)'and F.(8)"
<br /> eveh f a 6elease of radiation,accidental or otherwise. There are limited escape routes for Recommendation: The Finance Committee recommends approval. t
<br /> the*pie In this area. The aforementioned bill provides for obtaining a supply of or take any other action relating thereto. Submdt�by Selectmen
<br /> }
<br /> 1?otas3lum iodide fortlkxt protecfrom thyroid cancer,at no cost M the Town. Article 3
<br /> Explanation: This article would allow motels and hotels in the I-Camay zoning district
<br /> Article 26 To see if the Town will vote to appropriate and transfer from avaitable funds$443.51 to pay
<br /> AMck 20 previous fiscal year unpaid bills as follows:
<br /> 110-se"the Town will vote ro grant an easement in,over,under and upon the land shown on To see if the Town will vote to amend the Zoning gy-,aw, 17+31"Town of Mashpee-
<br /> rsr Ma 44,Parcel 46 and more particularly shown on a plan entitled"Easement Plan Of Land Space Requirements Table",by Falmouth Hospital 275.00
<br /> f for the Mashpee Water District,Scale 1"=100'by Eagle
<br /> �1d 1n Mashpee,MA"Prepared
<br /> Inc.,South Yarmouth,. dated July 6,1999 and revised amending the I-1 row by replacing the number"150"under m Builds Setback to Mashpee Chiropractic 90.00
<br /> %Keying and Engineering, tie" ex Verizon 2251
<br /> December 3,2002,copies of which hution,land wellhead protection Town
<br /> and alllpurposes #11 twith the following column with the number`75'and by repkdng the current text of Footnote Hastings Tapley 56.00
<br /> Witter District for water supply, t the Board of 5e)ectmen and the Conservation Commission
<br /> thereto;and that
<br /> reasonable related to execute and deliver to the Mashpee Water District all plans and "11 Except that no buildingin a td
<br /> be hereby authorized 28 or 151." any „ ustrFo'1 dLstrict mat'be bcated wain 150 feet of Routes or take any other action relating thereto•
<br /> Instruments necessary to effectuate the purpose of this article and the granting t such an
<br /> ea9erpent to the MaoPee Water Districts,or take arty other action relating thereto.
<br /> or take any other action relating thereto. Submitted by the Town Accountant
<br /> Submitted by the Board of setetvnen Continued on Next Page
<br /> Sid by Board of Selectmen
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