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1 " Article 39 "21 Except that hotels and motels (and not other uses) approved by the Planning Board under the To see if the Town will vote to amend Town Bylaw provisions of Section 174-45 may be increased to 1 Chapter 100 by adding the following new Paragraphs 3 stories and 45 feet, if approved by the Board, C and D to Section 100-1: provided that there is adequate access for Fire Department vehicles and equipment and that all "C. In addition to the requirements set forth in this Fire Protection Construction Documents required bylaw,all handicapped parking spaces shall be by 780 CMR Subsection 903.1.1 of the designed and maintained in accordance with Massachusetts State Building Code, have been the requirements of the United States submitted to the Planning Board and Fire Americans with Disabilities Act("ADA") and Department as part of the special permit applica- !' r the Massachusetts Architectural Access Board tion and the Board is satisfied that the standards of a ("AAB"). To the extent that the requirements said Subsection will be met.", of this bylaw, the ADA and/or the AAB con- flict, the most stringent standards shall apply. or take any other action relating thereto. 3 D. The provisions of Section 100-1 shall be Submitted by Planning Board enforced by the Building Inspector.", Explanation: This article would allow the Planning or take any other action relating thereto. Board to authorize an increase in height for a hotel or motel as part of the special permit required for such J Submitted by the Board of Selectmen projects. Adequate access for fire equipment would be required, and all fire protection documents required e Explanation: The Town's existing Handicapped for such projects by the state building code would have S Parking bylaw contains standards which conflict with to be provided as part of the special permit application h more recently adopted standards of the federal materials. S Americans with Disabilities Act and those of the state's Architectural Access Board, which apply under Motion made to dispense with the reading of S the state building code. This amendment would rec- Article 40 made at 9:34 p.m. j it ognize those other standards and that the most strin- n gent standards apply. It also clarifies that the Building Motion to dispense with reading of Article 40 !) d Inspector is charged with enforcing handicapped park- passes at 9:34 p.m. y ing space design, construction and signage standards, e while the Police Department is charged with enforcing Motion made by Don Myers. ! handicapped parking violations by motorists. !j d Motion: I move Article 40 be voted as printed in the N Motion made to dispense with the reading of warrant with the exception of the phrase, "or take any e Article 39 made at 9:34 p.m other action relating thereto". Motion to dispense with reading of Article 39 Planning Board voted at a Public Hearing held on if passes at 9:34 p.m. September 28,2004 5-0 to recommend approval. Motion made by Kenneth Marsters. Moderator declares motion passes by a 2/3rds vote is 9 at 9:35 p.m. Motion: I move Article 39 be voted as printed in the warrant with the exception of the phrase, "or take any Article 41 other action relating thereto". To see if the Town will vote to amend the Subsection 1e Motion passes unanimously at 9.34 p.m. 174-39 of the Zoning By-law by replacing the current iy requirement for number of parking spaces shown in Article 40 the table in said Subsection for motels,hotels and inns with the following two categories: ,n To see if the Town will vote to amend the Zoning By- law by amending the Section 174-31 "Town of "Motels, hotels and inns without restaurant, Mashpee — Land Space Requirements Table" by lounge or meeting /function facilities — 1 1/2 for adding a reference to footnote 21 to the heading of the each rental unit "Maximum Building Height" column, with said foot- note to read as follows" 83