2005-Annual Town Report - Laserfiche WebLink

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1 0 —_ E. Non-Criminal Disposition The Board of Selectmen and the Finance Committee recommend approval. As an alternative to criminal prosecution or civil action, the Town of Mashpee may Motion made by Don Myers. elect to utilize the non-criminal disposi- tion procedure set forth in Article II of Motion: I move the Town vote to approve Article 12 Chapter 1 of the General Bylaws of the as printed, except to change §84-1. Authority to §84- Town of Mashpee. 3. Authority and to change §84-2. Plan and Application Requirements. to §84-4. Plan and F. Restoration of Lands Application Requirements. I Any violator may be required to restore Motion made to dispense with reading*of Article. land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Motion to dispense with reading of Article 12 Department of Public Works may take passes at 8:17PM. necessary corrective action, the cost of which shall become a lien upon the prop- Motion to amend made by Richard Riley that §84. erty until paid, in accordance with the 2(B)(1) construction of a single family home be applicable provisions of General Law. struck from the article. r; G. Holds on Certificates of Occupancy Motion made to amend passes 124 to 33. Occupation certificates shall not be { granted by any Town of Mashpee Amended motion is defeated at 8:27PM. id Enforcement Officer until any corrective actions hereunder have been made and Article 13 accepted by the Department of Public Works. To see if the Town will vote to amend Section 174-31 ' §84-8 SEVERABILITY of the Zoning Bylaw, the Land Space Requirements Table,by adding a reference to footnote 23 at the head of the "Rear" and "Side" Setback columns and by The invalidity of any section or provision of this Bylaw shall not invalidate any other sec- adding the following new footnote 23: ' tion or provision thereof, "23 Minimum required setback from rear or side prop- or take any other action relating thereto. erty lines shall be five(5)feet for sheds or similar non habitable structures not exceeding 120 square feet in Submitted by the Department of Public Works floor area or 12 feet in height", Explanation: This article proposes to add a new or take any other action relating thereto. chapter to the Town's General Bylaws. The proposed Erosion and Sedimentation Control Bylaw will allow Submitted by the Planning Board the Town to oversee large development projects where significant land clearing or alteration will occur. Explanation: Currently sheds must meet the sideline These activities can potentially have a negative impact requirement of either a fifteen (15) or twenty five(25) on adjacent properties, roadways, and/or natural foot setback from the rear or side line. It becomes dif resources from eroding soil, windblown dust, sedi- ficult on small lots to locate small sheds, either mentation of drainage areas or wetlands, etc.. because the setback requirement would place the shed Construction of a single family dwelling and emer- in the middle of their yard, over their septic system or gency activities would be exempt from the Bylaw. require them to apply to the Board of Appeals for a Adoption of the Bylaw is also a condition of the variance. Allowing a five (5) foot setback from the "Ft Town's permit under the U.S. Environmental rear or side property line will ease the restriction on s National Pollutant Discharge s Protection Agency's structures (sheds) where it is impossible to meet Elimination System program. current setback requirements. St 126