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resource area to protect the wetland values ARTICLE 26 <br /> identified in Section 1 of this Bylaw. To see if the Town will vote to designate Great Neck <br /> Further, any waiver pursuant to this sub- Road North between Old Barnstable Road and Main <br /> section, will only be granted when: (1) Street, and all of Pimlico Pond Road as Scenic Roads <br /> best-available technologies/methodologies under the provisions of Chapter 40, Section 15C of the <br /> are utilized to improve the natural capacity General Laws, or take any other action relating <br /> of any resource area to protect the relevant thereto. P <br /> wetland values inherent to the site, and (2) <br /> any adverse effects on wetland values are Submitted by the Planning Board <br /> minimized, to the greatest extent feasible, Explanation: This article would designate a portion <br /> by carefully considered conditions. of Great Neck Road North, as well as all of Pimlico L <br /> However,no such waiver may be permitted Pond Road in Mashpee, as Scenic Roads. Pimlico <br /> for any project which could have an Pond Road has already been designated as a Scenic <br /> adverse effect on rare wildlife species. Road in Sandwich. Under the provisions of the applic- <br /> d. The Commission may impose additional able statute, "any repair, maintenance, reconstruction, <br /> conditions in granting a permit pursuant to or paving work done with respect thereto shall not j <br /> this Section, as deemed necessary or desir- involve or include the cutting or removal of trees, or <br /> able to protect the wetland values of the tearing down or destruction of stone walls, or por- <br /> Chapter 172. Said conditions may include tions thereof, except with the prior written consent of <br /> (but are not limited to) imposing limits on the planning board... after a public hearing duly <br /> project size or effect, or requiring other advertised twice in a newspaper of general circulation <br /> compensatory measures, such as wetland in the area". i. <br /> i <br /> replication, wildlife habitat enhancement Motion made by David Leveille. <br /> and pollution attenuation measures. Motion: I move Article 26 be voted as printed in the <br /> Submitted by the Conservation Commission Warrant, except to add the phrase", with said designa- <br /> tion to become effective on December 31, 2000." and <br /> Explanation: No regulation can anticipate the spe- with the exception of the phrase, "or take any other <br /> cific circumstances relative to all situations. The action relating thereto". <br /> Commission has encountered three situations in the <br /> past two years where flexibility,in terms of being able Motion is defeated at 8:55 p.m. <br /> to waive a specific requirement, would have resulted ARTICLE 27 <br /> in a net improvement in our ability to protect the wet- j <br /> land values of Chapter 172. In each case, it was nec- To see if the Town will vote to amend the zoning <br /> essary to delay the project until we could hold a regu- bylaw as follows: <br /> latory hearing to adjust the language of a specific reg- In Section 174-1 replace the phrase "Zoning <br /> ulation. Map, dated May 1979" with the phrase "Zoning <br /> Adopting this bylaw revision would allow us the flex- Map, dated October 2000"; <br /> ibility to waive the specifics of a regulation without In Section 174-4, under"Commercial Districts", <br /> undue delay for the re-writing and promulgation of a delete the "C-1-SV Incentive Zone" and "C-1-0 <br /> revised regulation.It would only be invoked when rare <br /> Incentive Zone "and insert a new C-3 Limited <br /> and unusual circumstances are involved, as when sec- <br /> Commercial Zone"; I! <br /> tions b. and c. (above) apply, and only when resource <br /> protection would be enhanced relative to pre-existing Delete Section 174-16 in its entirety; ;! <br /> conditions. <br /> In Section 174-24.C.(1) insert after the phrase <br /> Motion made to dispense with the reading of the not involving new structures containing more <br /> article. than ten thousand (10,000) square feet of gross <br /> Motion to dispense with reading of article passes at floor area" the words ", not located in the C-3 <br /> 8:46 p.m, district or Mashpee Center Overlay District"; <br /> In Section 174-25 Table of Use Regulations add <br /> Motion made by Kenneth Marsters. after the "C-2" column a new "C-3" column and <br /> Motion: I move Article 25 be voted as printed in the delete the "C-1-SV" and "C-1-0" columns; <br /> Warrant with the exception of the phrase, "or take any <br /> other action relating thereto". <br /> In the new C-3„ column indicate by <br /> the letter <br /> "Y” that the uses listed under the following <br /> Motion passes unanimously at 8:46 p.m. Subsections of Section 174-25. will be permitted <br /> as of right:B.(1),B.(2),B.(3),C.(1),C.(2),C.(3), <br /> C.(4), I.(1), L(2), L(3), L(4), I.(I1); <br /> 89 <br />