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Planning Board a copy of said materials, including the Planning Board voted at the Public Hearing held date and time of filing certified by the Town Clerk." on August 19, 1998 4 to 0 for approval. or take any other action relating thereto. Motion is defeated 103 to 73 at 7:56pm. 2/3rds vote Submitted by Planning Board needed. Explanation: The filing procedure for cluster subdi- Article 29 f vision special permits contained in the zoning bylaw is To see if the Town will vote to amend the Zoning currently inconsistent with the requirements of Bylaw by amending Section 174-45.1. "Commercial Massachusetts General Laws, Chapter 40A, Section 9, centers" as follows: which requires that all special permit applications be filed first with the Town Clerk and then transmitted to Add the following sentence to subsection A: "In issu- the special permit granting authority. (Our bylaw has ing such special permit,the Board shall ensure that the the procedure reversed.) This article would correct design of approved projects is in keeping with the that inconsistency. character of the town and of Cape Cod." w Motion made by Curtis Frye. Replace the current language of subsection B with the following: Motion: I move Article 27 be approved as printed in the warrant with the exception of the phrase, "or take "B. Unless such center is approved as part of a any other action related thereto." mixed-use development under Subsection 174- 46.H, or an alternate schedule of dimensional Planning Board voted at the Public Hearing held on requirements is approved by the Planning Board August 19, 1998 4 to 0 for approval on Article 27. under subsection I.below,there shall be required Motion passes unanimously at 7:42pm. front, rear, and side building setbacks at the perimeter of the site at least as great as those Article 28 normally required within the zoning district, and To see if the Town will vote to amend the Zoning at least ten feet greater than the depth of any Bylaw by amending Section 174-47 as follows: open space buffer required under Subsection C below,except that front setback shall be seventy- Amend Subsection 174-47.B.(10) to read "Each lot five (75) feet along Routes 28 and 151. shall contain not less than ten thousand (10,000) square feet." No structure within a Commercial Center may be located, and no clearance of natural vegetation Amend Subsection 174-47.B.(l1) to read as follows: may occur, within three hundred (300) feet of (11) All wetland areas as defined in MGL C. 13 1., any fresh or salt water body of more than ten(10) § 40, plus a minimum of fifty percent (50%) if the acres, or within three hundred (300) feet of the open land is to be deeded to the Town or sixty per- Mashpee, Santuit, Quashnet or Childs Rivers or cent (60%) otherwise, of the total upland area of the Red Brook, or within one hundred (100) feet of tract (excluding roads, street layouts and other trav- any active or recently active (within 10 years) eled ways), including all land within one hundred cranberry bog, pond under ten (10) acres, or any (100) feet of said wetland areas, shall be preserved wetlands as defined by MGL Chapter 131, as open land as described in criteria in Subsection Section 40 or the Mashpee Wetlands Bylaw. The B(6) and (7)." provisions of this section regarding building set- backs or clearance of vegetation shall not apply or take any other action relating thereto. to any artificial water body or watercourse creat- , ; Submitted by Planning Board ed (i.e. as an entirely new water body, not by dredging or enlargement of an existing water Explanation: As recommended in the Comprehen- body, watercourse or wetland) in conformance v sive Plan, this article would reduce minimum lot size with any applicable local, state or federal regula- for lots within cluster subdivisions from 15,000 square tions." feet to 10,000 square feet and increase the minimum required amount of open space from 35% to 50% if Replace the first phrase of Subsection C with the deeded to the Town or 60% otherwise. words: ffyn. "Unless such center is approved as part of a Motion made by Nancy Ca mixed-use development under Subsection 174- Motion: I move Article 28 be approved as printed in 46.H, or an alternate schedule of dimensional the warrant with the exception of the phrase, "or take requirements is approved by the Planning Board any other action related thereto." under subsection I. below,". 87