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Replace the phrase "forty (40) days" in Subsection Motion made to dispense with reading of article. 174-47.C.(2) with the phrase "twenty-one (21) days". � Motion to dispense with reading of article passes at In Subsection 174-47.C.(3) add the phrase "close of 8:19 PM. the"before the words "public hearing"in the first sen- j. tence and replace that portion of the second sentence Motion made by Selectman Don Myers. f after the words "following the date" with "the public hearing is closed shall be deemed a grant of the permit Motion: I move Article 29 be voted as printed in the applied for". warrant,except for the phrase"or take any other action relating thereto". In Subsection 174-47.C.(4) add the phrase "and required under Subsection 174-24.C.(2)" after the Motion passes unanimously at 8:20 PM. words "Subsection B". ' Article 30 In Subsection 174-47.C.(5)add",if'before the phrase "a substantial use" in the first sentence and replace the To see if the Town will vote to amend the Zoning By second sentence with the following: "Construction of law as follows: streets and utilities to service at least 50% of the lots in the development, or posting a performance guaran- Amend footnote 4 of the Section 174-31 Land Space tee with the Town in a form and amount acceptable to Requirements Table by adding the following to the end the Planning Board to ensure completion of construc- of the first sentence: ", except that when any structure tion of said streets and utilities shall constitute "sub- or portion of a structure is proposed to exceed forty stantial use" for the purposes of this subsection." (40)feet in height,construction shall require a Federal Aviation Administration (FAA) Determination of No In Subsection 174-47.D.replace the phrase"an applica- Hazard or evidence of exemption from the determina tion may be filed for" in the first sentence with the tion process." li phrase"the Board may approve" and add the following new sentence between the current first and second sen- Amend Subsection 174-45.3.E.(1) by adding the fol- tences: "The application for the special permit and a lowing sentence: "When any personal wireless service definitive subdivision plan may proceed concurrently" facility or portion thereof is proposed to exceed forty (40) feet in height, special permit or plan review or take any other action relating thereto. approval shall require a Federal Aviation Administration (FAA) Determination of No Hazard or Submitted by Planning Board evidence of exemption from the determination process" Explanation: This article is intended to make cluster Amend Section 174-5.C. boundaries of the Wireless subdivision mandatory in most cases, increase the Facility Overlay District to add after the words minimum open space required from 35% to 50%, "Barnstable town line" the phrase ", except that poi- allow agricultural uses within the required open space, tion within the boundaries of the Otis A.N.G,B, increase flexibility in terms of sizes and dimensional Accident Prevention Zone" requirements for cluster building lots, require provi- sion for affordable housing, allow density bonuses for or take any other action relating thereto. additional open space and affordable housing,and oth- erwise update or clarify portions of the cluster subdi- Submitted by Planning Board vision by-law. � Explanation: Based on the recommendations of the The Board of Selectmen recommends approval. Massachusetts Military Reservation Joint Land Use Study completed in October, 2005 by the four Upper The Finance Committee recommends approval by Cape towns and MMR through the Cape Cod a vote of 4-0. Commission, this amendment would require an FAA determination that structures above 40 feet in height Planning Board voted at a Public Hearing held on (the Study suggested 20 feet, but the Planning Board September 20,2006 5-0 to recommend approval. felt that, as normal allowed building height for most 92