2004-Annual Town Report - Laserfiche WebLink

Home Browse Search

opers prior to their filing formal applications for new Motion: I move Article 43 be voted as printed in the projects in order to advise them as to what regulatory warrant with the exception of the phrase, "or take any requirements will apply to their project. This article other action relating thereto". would merge the two procedures into a formal "Plan Review Committee" and also provide that the Planning Board voted at a Public Hearing held on Committee would review and make recommendations September 28, 2004 3-2 to recommend approval. to the Planning Board or ZBA on special permit appli- Motion is defeated 63 to 43 at 9:41 p.m. cations. Motion made to dispense with the reading of Article 44 Article 42 made at 9:36 p.m. s To see if the Town will vote to amend the Town By- Motion to dispense with reading of Article 42 law by adding the following new Chapter 51: passes at 9:36p.m. "Chapter 51 Motion made by George Green. ALL TERRAIN VEHICLE USE Motion: I move Article 42 be voted as printed in the warrant with the exception of the phrase, "or take any §51-1. Definitions. other action relating thereto". The following words shall have the indicated mean Planning Board voted at a Public Hearing held on ings for the purposes of this Chapter: September 28,2004 5-0 to recommend approval. All Terrain Vehicle. Any motor vehicle designed or Moderator declares motion passes unanimously at modified for use over unimproved terrain if used for 9.37 p.m. recreation or pleasure off a public way, as defined in Mass. G.L. c.90, specifically including,but not limited Article 43 to,"four wheelers","three wheelers", and"dirt bikes", Vehicles, including, but not limited to, automobiles, € To see if the Town will vote to amend Section 174-31 trucks and buses,which are legally registered,licensed of the Zoning By-law, the Land Space Requirements and insured motor vehicles for the purpose of driving Table,by adding a reference to footnote 21 at the head on public ways, including limited access highways, of the "Rear" and "Side" Setback columns and by shall NOT be considered an All Terrain Vehicle for the � a adding the following new footnote 21: purposes of this Bylaw. "21 Minimum required setback from rear or side Operator. The person riding in or on and in control of property lines shall be five (5) feet for sheds or the operation of the All Terrain Vehicle, or the person similar non-habitable structures not exceeding 120 possessing title to the All Terrain Vehicle and entitled square feet in floor area or 12 feet in height." to the use or possession thereof. Any person observed by a law enforcement authority to be in control of or exercising possession over an All Terrain Vehicle shall or take any other action relating thereto. be considered to be the Operator of the vehicle for the Submitted by Planning Board purposes of this Bylaw. Persons do not have to be observed actually driving or operating the vehicle to Explanation: Sheds must currently meet the same 15 be considered the Operator hereunder. or 25 foot setback from property lines that applies to residences and other large structures. It is difficult on Property Owner. The person or persons whose name small lots to locate small sheds, either because the set- appears on the current Deed of Record as the owner of back requirement would place the shed in the middle real property, or such agent or lessee of the Property of a yard, or over the septic system, or require a vari- Owner who has been authorized by the Owner to exer : and of Appeals. The pro- cise care custody and control of the subject real prop ance from the Zoning Bo pp p � y posed amendment allowing a 5 foot setback for such erty. small structures is intended to resolve those problems. Public Road. Any road or portion thereof which is owned by,or under the care,custody and control of the Motion made by Wayne Taylor. United States of America, the Commonwealth of Massachusetts, Barnstable County, the Town of 86