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Town of Mashpee Article 2: To see if the Town will vote to amend Section Special Town Meeting 174-33 of the Zoning By-Laws by adding the following sentence: May 7, 1990 "Any fixed or floating piers,wharves, docks,boardwalks, both seasonal and year-round, may be granted a variance The Meeting was called to order at 7:50 P.M. with 426 from the Board of Appeals to exceed the seventy(70)feet voters present requirement as defined in 174-25.I.9." The Quorum for a Special Town Meeting is 100. Motion to amend as follows by Cheryl Hawver, Board BARNSTABLE, ss: of Appeals Chair vote to amend Section 174-251.9 of the Greetings Mashpee Zoning Code by adding thereto the following To the Constables of the Town: sentence: The Board may grant a dimensional variance In the name of the Commonwealth of Massachusetts, Pursuant to the provisions of Chapter 40 A of the General Laws to exceed the 70 foot requirement. you are hereby directed to notify and summon the in- Anthony Ferragamo, the Planning Board Chair gave the habitants of the Town of Mashpee who are qualified to report of the Board as follows. A Public Hearing was vote in the elections to meet at the Mashpee Middle held and the Board voted 4-0 against. School on Monday, the 7th day of May, 1990 at 7:30 Conservation Commission not in favor P.M. for the following purposes: Vote—Yes-152/No-219 Motion does not carry 8:15 P.M. To act on the articles contained in the following Warrant: Article 3: To see if the Town will vote to amend subsec- tion 174-25.I(9), formerly subsection 6.3.L(9)by adding Article 1: To see if the Town will vote to authorize and the following sentence: instruct the Board of Selectmen to file a Home Rule Peti- tion, so called, with the General Court in substantially "A fixed or floating pier, wharf, dock and boardwalk the following form: longer than the seventy(70) feet specified above shall not be an allowed use and no variance may be granted from AN ACT AUTHORIZING THE TOWN OF MASHPEE said limit." TO.REIMBURSE OTIS TRAILER VILLAGE, INC., Motion to accept as printed by Thomas Fudala, Town v, AND THE ESTATE OF HENRY C. LABUTE. Planner Planning Board Vote 2-2-1 Be it eneacted in the Senate and the House of Represen- Vote — Yes-247/No-150 tatives in General Court Assembly, and then by the Motion does not carry 2/3rds needed 8:25 P.M. authority of the same, as follows: Article 4: To see if the Town will vote to amend Article Section 1: Notwithstanding the provisions of Chapter V of the Zoning By-Laws by adding the following section: 44, Section 64, or the provisions of Chapter 59, Section 21C of the General Laws, or any general or special law "Nonconforming Structures Ten (10) years or older to the contrary,the Town of Mashpee is hereby authoriz- ed to appropriate money for the payment of, and, after In accordance with Section 7 Chapter 40A M.G.L. a such appropriation, the Treasurer of said Town is structure which has not been in compliance with this By- authorized to pay the sum of $2,175 to Otis Trailer Law under Chapter 40A or with the conditions set forth Village,Inc. and the sum of$2,175 to the Estate of Henry in any Special Permit or Variance affecting the structure C. Labute, d/b/a Lakeside Trailer Park, representing for a period of ten (10) years or more from the com- reimbursement of overcharges of fees charged pursuant mencement of the violation, may not be the subject of to Chapter 140, Section 32B. any enforcement action by the Town to compel the removal, alteration or relocation of such structure. Struc- tures which qualify under Section 7 Chapter 40A M.G.L. Section 2: This act shall take effect upon its passage. are considered to be nonconforming structures and are entitled to treatments as such as provided in this Section." Motion to accept as printed Motion carries 7:52 P.M. Motion to accept as printed Appropriate $2,175 to Otis Trailer Village Inc. Planning Board held hearing and do not recommend Appropriate $2,175 to the Estate of Henry C. Labute the vote being 4-0 against d/b/a Lakeside Trailer Park Board of Appeals vote UNANIMOUS The Vote — Yes-210/No-142 The Motion does not carry — 2/3rds needed — 8:38 P.M. 37