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All <br /> rS I <br /> furthest distance allowed under the law. If determined 500 feet <br /> r to be the longest distance allowed by law, perhaps �p an adult use <br /> zone should be created. .Kx <br /> Thomas Fudala explained that if the distances created are so A <br /> great that there would be no area within Town to meet the By-Law, %o <br /> said By-Law Law would be deemed d illegal . <br /> Diane Mulvey: Stated a percentage of land within the Town <br /> could be designated as space for Adult ■ ' � <br /> p Use. The vice Chairman <br /> interjected that with regard to this particular situation the <br /> w percentage as not a designation., rather the net effect of the <br /> bylaw which had been created. <br /> Iv a <br /> Dr. Marks: commented on the difference between the <br /> opposition of a Liquor License for an establishment which <br /> provides live entertainment and that of a business. <br /> Diane Mulvey: Reported she had spoken with Mr, John Abbott, <br /> AttorneyGeneral ' s office; Zoning Attorney, who confirmed <br /> restriction/distance requirements could be imposed, but they *__f <br /> would have to be reasonable. There are no specific distances <br /> mandated by the State. : <br /> I�f <br /> Dennis Balzarini asked the Assistant Town Planner if in fact <br /> an Adult Use Zone is created., could. the Town require Zachary' s to <br /> move to said location, or would it be protected under <br /> grandf athering. At this point! Eric Smith made reference to a <br /> Memorandum he prepared dated June 18, 1997. He acknowledged this <br /> to be a difficult issue. Section 6 of the State Zoning Act has - <br /> removed adult uses from grandf athering protection. According to <br /> +� <br /> the law, adult uses could be regulated by distance requirements, ,►:,;: <br /> a. Special Permit process could be created, followed by a <br /> requirement to move uses to a designated area within a certain f ` <br /> time frame. The Planning Board has the - `` <br /> 3 power, to place <br /> restrictions on time and manner of the operation. There is a <br /> question of constitutionality. Any adverse secondary effects :.f <br /> issues based on Police reports would prove to be very useful <br /> during the Special Permit Hearing process. A request has been {: <br /> made of the National Law Center for Children and Families and " <br /> Town counsel for legal determination. Av. <br /> Dr. Marks: Expressed his concern for the welfare of the <br /> children in the Mashpee Shores area. The vice chairman asked <br /> Dr. Marks how he <br /> would feel if an adult use establishment were <br /> to beproposed in someone else' s backyard. Dr. Marks stated that <br /> locations such as dump areas have been des igna.ted for adult uses <br /> in other towns. He expressed his feelings that Zachary' s � • <br /> xp g y s Pub <br /> i <br /> does not portray a desirable image for the Town of Mashpee and, <br /> that the Town must devise a solution to protect the future of the <br /> Town. The best solution would be to find an area that is not in <br /> anyone r s backyard <br /> r 3- <br /> " <br /> I�• <br />