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Tuesday,September 10,1991 04c Enftqnisp
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<br /> IFIEDSVIM
<br /> - 54"700-759-5642
<br /> LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE
<br /> 'corded in Hook 447,fake 76:Lo(2 as attorneys lbr the mortgagee.The.succesx-
<br /> huwn on Plan entitled"I'!an of Land ful llidder shall be requircd,to sign a 1
<br /> mined from monitoring wells and
<br /> repay'edfurWilliumlrvinginNorlhFal- Memorandum of Sale containing the water table elevation(as deter
<br /> �"ulh.Mass..Scale I 41i'.dalcdSrptem- above terms and additional terms at the historical water table fluctuation data compiled by the United
<br /> er 26.1985.Holmes&McGrath.Inc:. time and place or sale. States Geological Survey),unless the substances removed are re-
<br /> Ivil Engineers and Land Surveyors.Fa!- -In the event that the suc•c•essrul bidder
<br /> outh.MA"recorded in Houk 409.Page at the foreclosure sale shall default in deposited,within forty-five(45)clays of removal;on site to achieve
<br /> I purchasing the Mortgaged Premises a final grading greater than four(4)feet above the historical high
<br /> Lc•ordin€;ly.the parcel which is soil- according;to the terms of this Notice o1' water mark,and except for excavations for the construction of
<br /> �totilelienofthemortgaxeandwhich Sale andlor the terms M'the Memoran- building foundations or the installation of utility works."
<br /> lI be orrered for sale is:Lot 3,shown on dum of'Sale executed at the time of fore- Add a new subsection 174-81.P.as follows:
<br /> aid Hook 447.Page 76.containing;34.093 closure,the Mortgagee reserves the right
<br /> yuare feet,more or less. to sell the Mortgaged Premises byForeck "P.Individual sewage disposal systems that are designed in
<br /> The Premises which will be offered Ibr osure Deed to the second highest bidder accordance with 310 CMR 15.00,os amended,to receive more than
<br /> sale shall hercinaller he referred to as provided that the second highest bidder 110 gallons of sewage per quarter acre under one ownership per
<br /> the"Mortgaged Premises" shall deposit with Mortgagee's attorneys.
<br /> The Mortgaged Premises will he sub- I3owditch&Dewey,the amount of the re- dcly.or 440 gallons of sewage on any one acre under one own-
<br /> et to and with the benefit of.inter aria, quired deposit asset forth herein within ership per day,whichever is greater,except the replacement or
<br /> 11 restrictions,easements.improve- three tar husiness days after written repair of an existing system that will not result in an increase in
<br /> ents.leaseholds:tenancies,occupants, notice of default(of the previou,highest
<br /> utstanding tax titles,municipal or other bidder.and the balance of the purchase design capacity above the original design."
<br /> ublie taxes,assessments.liens,or price shall be paid by certified ur bank In subsection 174-78 replace-the definitiQn of"Hazardous
<br /> aimsin the nature of liens,and existing check by'(he purchaser.and the deed Materials"with the following:
<br /> cumbrances ol'record created prior to shall be delivered to said second highest "HAZARDOUS MATERIAL-as defined in M.G.L.,Chapter
<br /> e Mortgage or to which the Mortgage bidder,within sixty(60)days orsuch auc-
<br /> s of record been subordinated. tion sale. 21 E.In addition,any substance deemed a"hazardous waste in
<br /> TERMS OF SALE:FIVE THOUSAND Otherterms,if any,,to he announced at M.G.L.,Chapter 21 C shall also be deemed a hazardous material
<br /> D 001100($5.000.00)DOLLARS will he the time and place or sale. for purposes of this Article."
<br /> quired to paid by the purchaser by c•er- FIRST ESSEX SAVINGS[TANK OF and add the following new definition:
<br /> tedor bank check at the time and place NEW HAMPSHIRE AZARDOUSWASTE-as defined in M.G.L.,Chapter2lC."
<br /> the auction sale as a depusit_Thr lg Present holder of said mortgage
<br /> ore of the u - ANrei-d�nc.. take any other action thereon.-
<br /> ankeheekb-vthepurchas-- ee if the Town will vote to amend the zoning by-low by
<br /> r,and the deed shall be delivered,with- 311 Main Street de ing Article XV Temporarily Restricted Areas,or take any other
<br /> forty-five(45)days thereafter at the Worcester.MA 01608 ,
<br /> f ices of Rowditch&Dewey.311 Main Attorneys for Mortgagee a n thereon.
<br /> (August 27.September 3,tot This article would amend Article XIN"Groundwater Protection
<br /> treet,Worcester,Massachusetts 01608. D`rict"by changing the referenced date of the Groundwater
<br /> P'tection District overlay map from January,1988 to October,
<br /> TOWN OF MASHPEE 1' 1,by deleting the phrase"(1)through(5)"in Section 174-79.A.
<br /> by deleting existing subsections(3),(4),(5),(6)and(7)from
<br /> VOTER ction 174-79.B.and replacing them with new subsections 13)and
<br /> ` which describe revised boundaries of the Groundwater Protee-
<br /> n District shown on the proposed new Groundwater Protection
<br /> istrict map dated October,1991 which is on file in the offices of
<br /> REGISTRATION a Town Clerk and the Town Planner,and replacing subsection
<br /> 74-79.C.with the following:"All land boundaries,lot lines,.prop-
<br /> Notice is hereby given that the Board of Registrars will hold the rty lines and roads referenced in Subsection B have been taken
<br /> following sessions for the purpose of registering persons for the ram the Moshpee Assessors'Maps dated as indicated."
<br /> Annual Town Meeting to be held on Monday,October 7,1991 at 4.To see if the Town will vote to amend the,Zoning By-low as
<br /> the Mashpee Middle School. allows:
<br /> These sessions will be held'at the FIRE STATION: Amend Article VII,Section 174-31"Land Space Requirements
<br /> Table"as follows:
<br /> Saturday,September-14,1991 from 12:00 noon to 8:00 p.m. In footnote 12,delete the first sentence and amend the remain-
<br /> Tuesday,September 17,1991 from 4:00 p.m.to 10:00 p.m. ing sentence to read:"Any water or wetland as defined under
<br /> M.G.L.C.131,Section 40,any existing or proposed street,any
<br /> Applicants may register from 9:00 a.m.to 4:00 p.m.at the office roadway right-of-way or easemet twenty(20)feet or more in width,
<br /> of the Town Clerk at Mashpee Town Hall.No names may be added or any overhead utility right-of-way or easement twenty(20)feet or
<br /> except to correct omissions or clerical errors after September 17, more in width may not be counted toward minimum lot size require-
<br /> 1991 ments.";
<br /> MASHPEE BOARD OF REGISTRARS Add the following new footnote 16 and add a referene to
<br /> September 3,10,1991 footnote 16 to the title of the"Maximum of Lot Coverage(percent)"
<br /> column:
<br /> TOWN OF MASHPEE "16.Any water or wetland,os defined under M.G.L.C.131,
<br /> AMENDMENTS Section 40,any existing or proposed street,or any roadway right-
<br /> %�/�"""�.� of-way or,easement twenty(20)feet or more in width may not be
<br /> ( counted toward lot size for the purpose of calculating maximum lot
<br /> TO ZONING coverage.";
<br /> Add the following new footnote 17 and add a reference to
<br /> BY-LAWS footnote 17 to the title of the"Maximum Building Height"column:
<br /> f 17.Except as otherwise allowed under section 174-46.Open
<br /> Pursuant to Massachusetts General Laws Chapter 40A,Section 5, incentive development.
<br /> the Moshpee Planning$oord:will.-hold,a Public Hearing on Wed!-)`-- Add references to footnotes.,A�ancl}O after the-words"Land
<br /> tiasiiy,September 18,1991 at,7:30 P.M.'in the-Tow Great .Space"""'`' Requirements Table in the title of said Table;,,:,o:.
<br /> Neck Rood forth,to review tf'ie following zoning articles propose Add a reference to footnote 11 in the"Front"Setback column
<br /> for action at the October 7,1991,Annual Town Meeting: for 1-1 districts;
<br /> 1.To see if the Town will vote to amend the Zoning By-law by Add a reference to footnote 14 in the"Front"Setback column
<br /> amending Article XIII,Groundwater Protection District as follows: for C-1,C-1-SV and C-1-10 districts.
<br /> Replace subsection 174-80.F,with the following: Also,amend Article IX,Section 174.47.6.(2)by replacing•the
<br /> "F,Land uses which result in the rendering impervious of no phrase"wetlands as defined by M.G.L.C.131,Section 40,and
<br /> more than fifteen percent(15%)or 2500 square feet of any lot, existing and proposed streets"with the phrase"wetlands as de-
<br /> whichever is greater,,except that a larger area may be rendered fined under M.G.L.C.131,Section 40,existing or proposed streets,
<br /> impervious where a system for artificial recharge is provided that roadway rights-of-way or easements twenty(20)feet or more in
<br /> will no result in the degradation of groundwater quality." width and overhead utility rights-of-way or easements twenty(20)
<br /> Replace subsection 174-80.H.with the following: feet or more in width";'
<br /> "H.Publicly owned treatment works,including any device or - or take any other action thereon.
<br /> system used in the treatment(including recycling or reclamation)or 5.To see if the Town will vote to amend the Zoning By-law by
<br /> collection of municipal sewage or industrial wastes of a liquid amending Article VI,Section 174.25"Table of Use Regulations"to
<br /> nature,which_is owned by a public entity;exceptwithin the mapped replace the current wording of Subsection.174-25.A.(2),with the
<br /> "Zone II"of an existing or proposed public water supply well." following:
<br /> Replace subsection 174-81.A.with the following: "(2)Two-family or duplex dwelling,allowed only under Sec-
<br /> "A.Storage of liquid petroleum products of any kind,except tion 174-46,Open Space incentive Development,under Subsection
<br /> those incidental to(1)normal household use and outdoor mainte- A(8)below or where located on a lot having at least twice the
<br /> nance or the heating of a structure,(2)waste oil retention facilities minimum lot size required in the district and on which a permanent.
<br /> required by Massachusetts General Laws,Chapter 21,s.52A as deed restriction has been recorded prohibiting any subdivision of
<br /> amended,(3)emergency generators required by statute,rule or the lot,while it is occupied by a two-family dwelling,which wotiid
<br /> regulation or(4)treatment works approved by the Massachusetts reduce said lot to less than twice the minimum lot size required in
<br /> Department of Environmental Protection designed in accordance the district."
<br /> with 314 CMR 5.00,as amended,for the treatment of contaminated or take any other action thereon.
<br /> ground or surface waters,provided that such storage is either in a ?To see if the Town will vote to amend the Zoning By-low by
<br /> free standing container within a building or in a free standing amending Article VI,Section 174-25"Table of Use Regulations"to
<br /> container above ground level with protection adequate to contain add a new Subsection 174-25.1.(15)asfollows,with the letters"SP"
<br /> a spill the size of the container's total storage capacity." inserted under the 1.1 column of the Table:
<br /> Replace subsection 174-81.B.with the following: \, "(15)Factory outlet store as part of a manufacturing or assem-
<br /> "B.Storage of liquid hazardous materials,as defined in bly facility where the major portion of items for sale have been
<br /> M.G.L.c.21 E,unless such storage is either in a free standing con- produced on the site or by the firm occupying the facility and where
<br /> tainer within a building or in a free standing container above gross floor area of the store does not exceed twenty(20)percent of
<br /> ground level with protection adequate to contain a spill the size of gross I floor area of the manufacturing or assembly facility with
<br /> the container's total storage capacity." which it is associated."
<br /> Replace subsection 174-81.C.with the following: or take any other action thereon.
<br /> "C.Facilities that generate,treat,store or dispose of bazar- 7.To see if the Town will vote to amend the Zoning By-law as
<br /> dous waste that are subject io M.G..L.c.21 C and 310 CMR 30.00,as follows:
<br /> amended,except for(1)very small quantity generators,as defined To Article III,Section 174-3,add the following definition:
<br /> by 310 CMR 30,00,as amended,(2)household hazardous waste "FARM-A parcel of land containing at leastfive(5)acres used
<br /> collection centers or events operated pursuant to 310 CMR 30.390, for the primary purpose of agriculture,horticulture,floriculture or
<br /> as amended,(3)waste oil retention facilities required by M.G.L. viticulture,including facilities for the sale of produce,wine and
<br /> c.21,s.52A,as amended,and(4)treatment works approved by the dairy products,insofar as the majority of such products for sale
<br /> Department of Environmental Protection and designed in accord- have been produced or grown by the owner of the land on which
<br /> ance with 314 CMR 5.00,as amended,for the treatment of con- the facility is located.";
<br /> laminated ground or surface waters." In Article VI Section 174.25C.(3)replace the words"One(1).
<br /> Replace subsection 174-81.13.with the following. roadside stand per farm"with the words"Roadside stand"and
<br /> "D.The disposal of sludge,septage,sail conditioners,solid insert afterthe word"agricultural"the words"floricultural,viticul-
<br /> wastes,brush or stumps,or the storage of sludge or septage unless tural";
<br /> done in compliance with 310 CMR 32.30 and 32.31,as amended." To Article VI Section 174-25C.in the Table of Use Regulations,
<br /> Replace subsection 174-81.E.with the following: add the following new subsection(4):
<br /> "E.Treatment works that are subject to 314 CMR 5.00,as "(4)Agricultural activities other than the raising or housing of
<br /> amended,except(1)the replacement or repair of an existing sys- livestock,swine,or of poultry where more than twenty four(24)
<br /> tem that will not result in a-design capacity greater than the design birds are kept."
<br /> capacity of the existing system,(2)the replacement of an existing and indicate that such use is allowed in-any district by inserting
<br /> subsurface.sewage disposal system with wastewater treatment the letter"Y"in the columns of the Table for each land use district;
<br /> works that will not result in a design capacity greater than the To Article VI Section 174-25C.in the Table of Use Regulations,
<br /> design capacity of the existing system,(3)treatment_works add the following new subsection(5):
<br /> approved bythe Department of Envrionmentat Protection designed "(5)The raising or housing of livestock for sale or profit,but
<br /> for the treatment of contaminated ground or surface waters and(4} not swine,or of pouitry where more than twenty four(24)birds are
<br /> publicly owned treatment works except when not located within the kept,on a parcel of land containing less than five(5)acres,pro-
<br /> mapped"Zone ll"of an existing or proposed public water supply vided that any building housing livestock or poultry is not less than
<br /> well• one hundred fifty(150)feet from the.property boundary."
<br /> Replace subsection 174-811.with the following: and indicate that such use shall be allowed in any district only
<br /> "L.Any use or establishment which qualifies as a"Small by special permit by inserting the letters"SP"in the columns of the
<br /> Quantity Generator"or"Large Quantity Generator"of hazardous Table for each land use district'
<br /> wastes under the provisions of 310 CMR 30.00 as amended." or take any other action thereon.
<br /> Replace subsection 174-81.N.with the following: 8.To see if the Town will vote to amend Article VII,Section
<br /> "N.The rendering impervious of more than fifteen percent 174-31.Land Space Requirements Table to increase the maximum
<br /> (15%)of any lot unless a system for artificial recharge is provided building height for C-1 and C-2 districts from 30 to 35 feet,or take
<br /> that will not result in the degradation of groundwater quality." any other action thereon. Submitted by
<br /> Replace subsection 174-81-.0.with the following: Anthony E.Ferragama,Chairman
<br /> "O.The removal of soil,loam,sand,gravel or any other MASHPEE PLANNING BOARD
<br /> mineral substances within four(4)feet of the historical high ground-
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