05/03/2004 Annual Town Meeting - Laserfiche WebLink

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requirements described in Subsection 174-46.C.(3�)�, the permanent dedication requirements of Subsection 174-46.C.(4), the declaration of choice and filing requirements of Subsection 174- 46.C.(5) and the maintenance requirements of Subsection 174-46.C.(6)." or take any other action relating thereto. Submitted by Planning Board Explanation. The zoning by-�law currently allows mixed commercial and residential development, including three story buildings, under the provisions of the "O�SID" by-law. However, that by-law was written primarily with, residential condominium projects in mind and its provisions are rather complicated and unclear about how a mixed-use project would be permitted. This amendment would simplify that process by allowing the same transfer of residential development rights into non-residential zoning districts provided under the OSID by- law, along with allowing the transferred residential units (and not any other uses) to be located in a third story, but provide that the project would be by special permit from the Planning Board under the existing "commercial center" zoning provisions. The article also makes several minor 44clean up" amendments to the commercial center by-law, removing references to the no-longer- existing C-l-SV and C-1-0 zoning districts and a sentence regarding on-street parking which conflicts with the parking by-law amendments made at the October 2004 Town Meeting. Motion made to dispense with reading of article. Motion to dispense with reading of article passes at 9:44 p.m. Motion made by George Green. Motion:� I move Article 12 be voted as printed in the warrant, with the exception of the phrase, 44or take any other action relating thereto". Planning Board voted at a Public Hearing held on April 7, 2004 5-0 for approval. Motion p�asses by a 2/3rds vote at 9:55 p.m. Article 13 e't To see if the Town will vote to amend the Town Zoning B,y-Laws by both adding a new 174- 13.1. Removal of obstructions within streets and public or private rights of way"; plus modifying the definition of STREETS by adding a sentence. The Definition of STREET in the following By-Laws of the Town. of Mashpee is hereby amended by adding a sentence, printed in italics, so the STREET definition will read as follows: STREET — A public way laid out by the town under MGL C. 82, Section 21, or other authority or laid out by the state or county, which is open to travel by the general public and is on record at the Registry of Deeds, or a public or private way duly approved by the Planning Board under the Subdivision Control Stature, or a way on record at the Registry of Deeds which is approved by 19