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Mr. Lynch was in agreement with Mr. Fudala and suggested that the 50 foot setback was a prohibition <br /> that protected wetlands and water lands and was different from the mandate of the Conservation <br /> Commission. Mr. Lynch felt that the Article presented many problems and suggested that it was <br /> illegal. <br /> Mr. Naddaff stated that the petition submitted included 55 people from one neighborhood of a <br /> population of 15,000 in Mashpee. <br /> There was no further public comment. <br /> NOTICE Warrant Article 201 Warrant Article 19: I-1 District Parking-The Chair read the <br /> Public Hearing Notice. There were no communications other than what was received from Mr. Fudala. <br /> Mr. Fudala was recognized to speak, stating that a provision was established in 2003 to prevent ugly <br /> development in commercial districts, requiring that parking not be allowed in the front of buildings. It <br /> was Mr. Fudala's opinion that the ZBA did not like the provision and had been granting variances in <br /> their decisions to every industrial project, with no appropriate justification. Mr. Fudala stated that the <br /> Bylaw was adopted to improve the aesthetics of commercial and industrial areas and in conjunction <br /> with the Cape Cod Commission's design guidelines. It was Mr. Fudala's opinion that the ZBA was <br /> ruining the industrial zones, which would lead to lowering property values and discouraged an ability <br /> to create high class developments. The original October 2013 Bylaw had been submitted by the Board <br /> of Selectmen, the Planning Board and the ZBA together. Mr. Fudala further emphasized that the <br /> commercial areas were not hidden away and were in fact located on well-traveled streets. <br /> Mr. Lehrer asked to be recognized and referenced the removal of the design guidelines as a potential <br /> infringement and stated that he would like to continue to work with the Planning Board to establish <br /> proper and good requirements regarding the Industrial Overlay. There was agreement from the <br /> Planning Board. <br /> Mr. Cummings stated that Premier Auto body was lost due to the requirement of parking behind the <br /> building. Mr. Fudala stated that the plan did not meet Zoning requirements, presenting a plan <br /> engineered with parking in the front. There was discussion regarding the display of vintage cars in the <br /> front of one location which was allowed. <br /> There were no additional comments. <br /> NOTICE Warrant Article 21/Warrant Article 20: Deletion of Section 174-251(9)in its <br /> entirety-The Chair read the Public Hearing Notice. No communications were received other than from <br /> Mr. Fudala. <br /> Mr. Fudala was recognized to speak. Mr. Fudala stated that there was no explanation in the Article <br /> that the Special Permits applied only to docks that crossed more than 70 feet of wetlands. The original <br /> Bylaw was established to provide control over extremely long docks. Mr. Fudala stated that <br /> elimination of the table resulted in eliminating the right to anyone in Town to have a pier or dock, <br /> making all docks non-conforming. Mr. Fudala had provided the appropriate revised language to fix <br /> the Article. The Chair responded that the Board had made the comment to the Board of Selectmen, <br /> There was no additional public comment. <br /> 10 <br />