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cial permit, provided that all uses, dimen- Motion passes unanimously at 7:50 p.m. sions and other aspects of proposed devel- ARTICLE 37 opment within the expanded area are in conformance with the provisions of the To see if the Town will vote to accept as a Town foot- zoning bylaw applicable to the land at the way and bicycle path, the Route 130 footway and ? time of approval of said modification and bicycle path as shown on a plan titled"Proposed Bike rmit Way Route 130 in Barnstable, Massachusetts provided that the original special pe granting authority has authority to approve (Barnstable County) Site Plan," dated August 12, 1996, prepared for the Town of Mashpee Department said proposed uses and development under the provisions of the zoning bylaw applica- of Public Works by The BSC Group-Norwell, Inc,, ble to the expanded land area at the time of and to see if the Town will further vote to confirm the approval of said modification." vote under Article 23 of the Annual Town Meeting of May 23, 1996 authorizing the Board of Selectmen to or take any other action relating thereto. acquire by eminent domain easements within the said Submitted by the Planning Board footway and bicycle path as so laid out, to use said Ex lavation: Recent legal opinions by Town footway and bicycle path for all purposes for which p footway and bicycle paths are used in the Town of .� Counsel have pointed out that the Planning Board and Mashpee, which taking was recorded with the 1� ZBA have no clear authority to modify special permit Barnstable County Registry of Deeds in Book 10419, projects,particularly where the project proposed to be page 170, and filed with the Barnstable Registry modified was approved under zoning standards which I District of the Land Court as Document No. 677509, are no longer in effect. Any "modification , y " wouldin or take any other action relating thereto. fact, have to be done as a new special permit applica- tion under currently applicable zoning. This has cre- Submitted by the Board of Selectmen ated a difficult situation for projects that have been Explanation: This article accepts the layout for the begun but are not yet completed and wish to modify their plans or permit language. This article would cre- ate authority for special permit modifications of three Motion made by Selectman Taylor. s' sorts: minor site plan changes could be done at a pub- Motion: I move Article 37 be voted as printed in the lic meeting but without advertisement of a public hear- warrant with the exception of the phrase, "or take any ing, more significant site plan changes, or changes to other action relating thereto". 1` the text of the permit decision would require an adver- tised public hearing with notice to all abutters within Motion passes unanimously at 7:51 p.m. 300 feet and full conformance with all special permit ARTICLE 38 approval requirements. For changes involving an ri Town will vote to accept the layouts as if the increase of 10% or less m building area or the area of To see p Y F land occupied by a particular type of use, the old zon- public ways of Pickerel Cove Circle and Pickerel ing applicable to the property when the original permit Cove Road as shown on a plan entitled "Road was approved would continue to apply. For any larger Conversion Plan for Pickerel Cove Road and Pickerel change, currently applicable zoning standards would Cove Circle located in Mashpee, Massachusetts" have to be met. No increase in the number of permit- dated July 28, 1998 and prepared by Yankee Survey ted dwelling units or in the rate of development could Consultants, and to authorize the Board of Selectmen be allowed. It would also become possible for addi- to acquire by gift, purchase or eminent domain any tional land to be included in a special permit,provided land or easements necessary for the purposes of such that currently applicable zoning would govern any ways as so laid out,upon such terms and conditions as development on the added land area. it shall determine appropriate, for the purposes of a I public way, or take any other action relating thereto. Planning Board voted at a Public Hearing held on April 19,2000 3-0 for approval. Submitted by the Board of Selectmen ,t Motion made to dispense with reading of article at Explanation: This article accepts the public way lay 7:48 p.m. out for Pickerel Cove Circle and Pickerel Cove Road. jMotion to dispense with reading of article passes Motion made by Selectman Cahalane. unanimously at 7:48 p.m. Motion: I move Article 38 be voted as printed in the Motion made by Selectman Leveille. warrant with the exception of the phrase, "or take any Motion: I move Article 36 be voted as printed in the other action relating thereto". warrant with the exception of the phrase, "or take any Motion passes unanimously at unanimously at 7:53 other action relating thereto". p.m. 76