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septic system,, or require a variance from the Zoning Board of Appeals. The proposed <br /> amendment allowing a 5 foot setback for such small structures is intended to resolve those <br /> problems. <br /> Motion made by Wayne Taylor. <br /> 0 <br /> Motion: I move Article 43 be voted as printed in the warrant with the exception of the phrase, <br /> "or take any other action relating thereto". <br /> Planning Board voted at a Public Hearing held on September 28, 2004 3-2 to recommend <br /> approval. <br /> Motion is defeated 63 to 43 at 9:41 p.m. <br /> Article 44 <br /> To see if the Town will vote to amend the Town By-law by adding the following new Chapter <br /> 51: <br /> "Chapter 51 <br /> ALL TERRAIN VEHICLE USE <br /> §5I4. Deflnitions. <br /> The following words shall have the indicated meanings for the purposes of this, Chapter-. <br /> All Terrain Vehicle. Any motor vehicle designed or modified for use over unimproved terrain <br /> if used for recreation or pleasure off a public way, as defined in Mass. G.L. c.90, specifically <br /> including, but not limited to, "four wheelers", "three wheelers", and "dirt bikes". Vehicles, <br /> including, but not limited to, automobiles, trucks and buses, which are legally registered, <br /> licensed and insured motor vehicles for the purpose of driving on public ways, including limited <br /> access highways, shall NOT be considered an All Terrain Vehicle for the purposes of this Bylaw. <br /> Operator. The person riding in or on and in control of the operation of the All Terrain Vehicle, <br /> or the person possessing title to the All Terrain Vehicle and entitled to the use or possession <br /> thereof. Any person observed by a law enforcement authority to be in control of or exercising <br /> possession over an All Terrain Vehicle shall be considered to be the Operator of the vehicle for <br /> the purposes of this Bylaw. Persons do not have to be observed actually driving or operating the <br /> vehicle to be considered the Operator hereunder. <br /> Property Owner. The person or persons whose name appears on the current Deed of Record as <br /> the owner of real property, or such agent or lessee of the Property Owner who has been <br /> authorized by the Owner to exercise care, custody and control of the subject real property. <br /> 33 <br />