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<br /> in which or from which it is produced. The ARTICLE 35.To see if the Town will vote to amend the
<br /> fact that the noise is plainly audible at a Zoning by-law by amending Subsection 6.3.I.9 as follows:
<br /> distance of one hundred and fifty feet from Where it appears,replace the phrase"Board of Ap-
<br /> the vehicle or premises from which it peals with the phrase "Planning Board" `
<br /> originates shall constitute Prima Facie
<br /> evidence of a violation of this By-Law. Any and by adding in Subsection 6.2.2 after the phrase "ex-
<br /> person violating the provisions of this By-Law cept that for non-residential uses"in line 5 the new phrase:
<br /> shall be punished by a fine of one hundred "(other than fixed and floating piers, wharves,
<br /> ($100) dollar for each offense. docks, and boardwalks, both seasonal and year-
<br /> b. It shall be unlawful for any person or per- round)"
<br /> sons being present in or about any building, Motion to accept as printed
<br /> dwelling, premises, shelter, boat, vehicle, or Motion defeated — 9:37 P.M.
<br /> conveyance or any part thereof, other than Yes — 62 No — 41
<br /> that section of any establishment licensed
<br /> under Chapter 138 of the General Laws,who, ARTICLE 36. To see if the Town will vote to ac-
<br /> shall cause or suffer or countenance any loud, cept as a public way a road known as Old Colony
<br /> unnecessary, excessive or unusual noises, in- Drive, located off Ashumet Road. Old Colony
<br /> cludin an loud, unnecessar excessive or Drive is a forty foot wide way as shown on a plan
<br /> unusual noises in the operation,of any radio, entitled "Subdivision Plan of Land prepared for
<br /> phonograph,or other mechanical sound mak- North Port Realty Trust in Mashpee, Ma. dated
<br /> ing device, or reproducing device or instru- December 31, 1985, Michael B. McGrath P.L.S.,
<br /> ment or in the playing of any band, orchestra,
<br /> Holmes and McGrath, Inc. Falmouth, Ma.,"which
<br /> musician or group of musicians, or the mak- plan is duly recorded at and with the Barnstable
<br /> ing of loud outcries, exclamations or other County Registry of Deeds in Plan Book 415 at pages
<br /> loud or boisterous noises or loud and 17, 18 and 19, and further, that the Town vote to
<br /> boisterous singing by any person or group of appropriate and transfer from the Revenue
<br /> persons,or in the use of any device to amplify Available for Approrpriation Account$5,850 to the
<br /> the aforsaid noise, where the aforesaid noise Old Colony Drive Account to be used for legal and
<br /> is plainly audible at a distance of one hundred
<br /> engineering expenses associated with the taking of
<br /> and fifty feet from the building, dwelling, the roadway, and still further that the Board of
<br /> premises,shelter,boat or conveyance in which Selectmen are authorized to acquire the fee owner-
<br /> it is produced.The fact that the noise is plain- ship of the road by purchase, gift or eminent do-
<br /> ly audible at a distance or one hundred fifty main and are directed to assess betterments to the
<br /> feet from the premises from which it
<br /> owners of the land abutting the ways,
<br /> originates shall constitute Prima Facie Motion to accept as printed
<br /> evidence of a violation of this By-Law. Any Transfer $5,850 from Revenue Available
<br /> person shall be deemed in violation of this By- Motion carries — 9:37 P.M.
<br /> Law,who shall make,or aid,or cause,or suf- MEETING ADJOURNED — 9.37 P.M.
<br /> fer, or countenance, or assist in the making
<br /> of the aforesaid and described improper And you are hereby directed to serve this Warrant by
<br /> noises, disturbance, breach of the peace, and Posting up attested copies thereof, one at the Town Hall,
<br /> the presence of any person or persons in or one at the Post Office, and one each on the bulletin
<br /> about the building, dwelling, premises, boards,fourteen days at least before said meeting.
<br /> "".
<br /> shelter, boat, or conveyance or any part Hereof fail not and make returns of this Warrant with ;
<br /> thereof during a violation of this By-Law shall your doings thereon to the Town Clerk at the time and
<br /> constitute Prima Facie evidence that they are place of said meeting.
<br /> a countenancer to such violation.Any person Given to our hands this seventh day of November in the
<br /> violating the provisions of this By-Law shall year of our Lord one thousand nine hundred and eighty-
<br /> be punished by a fine of one hundred($100) eight.
<br /> dollar for each offense. - Peter M. Lawrence,Chairman
<br /> c.Any person violating the provisions of this Andrew R. Gottlieb, Jeremy M. Carter,
<br /> By-Law shall be punished by a fine of one Willard L. Hanson, Carol H. Jacobson
<br /> hundred ($100) dollar for each offense. BOARD OF SELECTMEN
<br /> r'
<br /> Motion to accept as amended a
<br /> Motion defeated — 9:08 P.M.
<br /> - 77 -
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