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07/02/1997 PLANNING BOARD Minutes
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07/02/1997 PLANNING BOARD Minutes
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Mashpee_Meeting Documents
Board
PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
07/02/1997
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w 1 <br /> 1 <br /> t <br /> requested the Hearing be further continued to 8 : 00 p.m. in order C <br /> that he make aphone call to an interested party. The Board 9 *- f <br /> agreed to continue the matter to 8: 0o p.m. r <br /> Discussion--Adult Use Bylaw � - <br /> NOTE: There were three members of the public in attendance <br /> for this portion of the Meeting: Hazel Oakley, Ellen Hendricks, <br /> and Elinor Thax t on. <br /> The Vice chairman asked Eric Smith for an update with regard <br /> � 3 <br /> p g � <br /> to this matter. Eric provided the following handout materials: <br /> Memorandum-Ma shpee Zoning Map-Possible SOB Site-Industrial Area <br /> i <br /> off Route 28; Post Renton cases Discussing Alternative Avenues of ;` V4 <br /> Communication for Sexually oriented Businesses. He explained� P oy � <br /> t <br /> I <br /> that all options are being explored: Business as usual- Adopt �� <br /> o <br /> some type of Adult Use Regulations; According to Town Counsel, <br /> the Town cannot place restrictions on the Alcohol Entertainment j <br /> Licenses, the only way to limit areas is via Chapter 40A-Section r, <br /> 9A. <br /> i� <br /> Town Counsel has reported there continues to be some <br /> question as to legal authority regarding a Bylaw applying to <br /> existing uses. Eric stated he is awaiting a response from the <br /> National Law center for Families and Children, who have stated yN <br /> that. if an existing establishment is breaking the law, the Town <br /> Counsel/law enforcement would be responsible to prosecute. In <br /> response to Eric ' s inquiry regarding regulation of nude dancing <br /> establishments and motion picture theaters, Town Counsel gave a <br /> mixed response. They may be regulated by content, but done by i. . <br /> time, place and manner, which means if the location was specified <br /> the Bylaw would be upheld. Town counsel also advised the Town <br /> could produce records indicating adverse secondary effects are <br /> greater than those that are not regulated. <br /> r <br /> Thomas Fudala asked if the word nor' between uses as listed - 3 <br /> in the Statute had been address <br /> ed.. Eric agreed to confer with <br /> Town counsel . Eric continued with regard to the moratorium issue . <br /> which could be done but is beingresearched further b Town <br /> y <br /> Counsel . <br /> Eric then addressed the distance requirement base approach <br /> f <br /> and made reference to Mashpee Zoning Map Possible Locations for <br /> Adult use. A seven hundred fifty (7 5 0 ft. ) foot buffer has been <br /> placed around residential areas; all liquor license f <br /> establishments in Town have been mapped out; as well as all 7 <br /> churches, recreational features (parks, conservation and beach <br /> areas) and schools are indicated with a six hundred (60 o ft. ) <br /> foot buffer. Areas where adult establishments could legally be <br /> placed are indicated in red. Theoretically, one establishment <br /> could be placed in the industrial area off Route 2 8; two in the <br /> commercially zoned area around the rotary and two in the i <br /> industrial area off Route 130 . (Based upon current land uses. ) 1 <br /> F <br /> i <br /> i{��R <br />
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