10/07/1991 Annual Town Meeting - Laserfiche WebLink

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Page Four B Friday,September 20,1991 4 The .Enterprise Ask For aasmeds CLASSI FI'EDS V1. P.O.Box �� -04700-759-5642 Mmmdi,MA 02541 LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL.NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE plans and policies and report to the Town on "16,Any water or wetland, as defined under M_G.L. C. an annual basis-" 131, Section 40, any existing or proposed street, EA7RJ&AA%JJ=: This is the first set of roads to be taken or any roadway right-of-way or easement twenty(20) under a process that allows the DPW to take and or take any other action thereon- planation: This change allows for certain projects of feet or more in width may not be counted toward lot reconstruct a road that has deteriorate to dangerous size for the purpose of calculating maximum lot conditions and further charge a betterment and create a negligible impact to meet the requirements of State and Submitted b Town Planner local law while at the same time relaxing (local) coverage."; Town-owned road for easy maintenance. This is a much y certified mail abutter-notification requirements- needed process and will be done on a priority basis each Add the following new footnote 17 and add a reference to year. This article will allow the Town to take these Explanation: This article enacts one of the primary footnote 17 to the title of the"Maximum Building Height" roads, improve them and assess betterments consistent with recommendations of the recently completed Coastal Resource Article 20: column- the Town's program of private to public read conversion. Management Plan and Municipal Harbor Plan. Its intent is "17.Except as otherwise allowed under section 174-46. : Finance Committee recommends approval to set up an ongoing forum to maintain communication and To see if the Town will vote to amend Section 172-5 of the coordination between the various Town agencies and boards Mashpee Code to read as€ollows• open space incentive development."; subject to agreement with abutters for payment of debt g - issuance costs. involved with coastal issues and to ove_see the enactment A.(1)Any person filing An Administrative Review- Add references to footnotes 9 and 10 after the words"Land of the recommendations of the Plan and any future Level 1 application, with the Commission Space Requirements Table"in the title of said Table; Article 29: amendments to the Plan. shall, after being given written notice by the Commission of the time and date of the Add a reference to footnote 111 in the "Front." Setback To see if the Town will vote to raise and appropriate re column for I-1 distrcts; required hearing pay a fee as required by the i and/or transfer from available funds the sum of$2,219.71 commission to have notice of said hearing to cover a 41k cost of livYng salary increase for the s prior to y Health Agent and Assistant Health A Article 15: posted, not less than five (5) days Add a reference to footnote 14 in the "Front" Setback Agent for fiscal year said hearing, in a Newspaper of general column for C-1,C-1-SV and C-1-0 districts. 1992,or take any other action relating thereto. To see if the Town will vote to amend the Zoning By-law by circulation in the Town of Mashpee., Said deleting Article XV Temporarily Restricted Areas, or take notice shall be in a form prescribed by the Also, amend Article IX, Section 174-47.8.(2) by replacing Submitted by Board of Health any other action thereon- Commission, shall specify the time and date the phrase"wetlands as defined by.A.G-L.C.131, Section of said hearing, shall describe the proposed 40, and existing and proposed streets"with the phrase Submitted by Town Planner activity and the location thereof and shall "wetlands as defined under N.G.L. C.131, Section 40, go• This article seeks to compensate these two and Planning Board state where the application.and plans may be existing or proposed streets, roadway rights-of-way or positions at the same rate as other P.A.P.employees. examined by interested parties. easements twenty (20) feet or more in width and overhead utility rights-of-way or easements twenty (20) feet or Aaeammendatinn Finance Committee recommends approval. �iQn: This article was a temporary moratorium on A-(2)Any person filing An Administrative Review- more in width; development in certain areas which expired on August 1, Level 2 application, with the Commission 1988 and is no longer relevant. shall, after being given written notice by or take any other action thereon. the Commission of the time and date of the Submitted by Town Planner Article 30: Article 16: required hearing, and in addition to the requirements of section (1) above, notify all and Planning Board TO see if the Town will vote to raise and appropriat( To see if the Town will vote to authorize the Board of 'immediate abutters (those abutters whose and/or transfer from available funds the sum of$1,179.36 Selectmen to execute a deed on behalf of the Town of property physically adjoins the property of to allow both the Wire Inspector and the Plumbing/Gas Mashpee for consideration of$1.00 to Domenic F.Rantuccio the applicant) of said hearing. Said notice KXCJAMAJJ nn: This article, 1) clarifies footnote P g y pp Inspector a 4�cost of living increase, or take an other and Albert C.Riddick conveying the land shown as Lot 246 shall be b certified mail return receipt references in the"Land Space Requirements Table"of the y g y . P action relating thereto. on Land Court Plan 6811-D, a copy of which is on file in requested, and shall be received by said Zoning By-law, 2) clarifies the existing exclusion of the office of the Town Clerk, and further, to make a abutters no less than five (5) days prior to wetlands and utility easements from lot size calculations, Submitted by Building Inspector determination pursuant to Section 5-27 of the Mashpee Code the date of the hearing. Said notice shall be 3) excludes wetlands and roads from calculation of maximum that the land shall not be held by the Town as in a form prescribed by the Commission, shall lot coverage, 4) adds a footnote recognizing the conservation land for all purposes included in M.G.L. specify the time and date of said hearing, provisions in the Open Space Incentive Development By-law This article seeks to increase compensation Chapter 40. shall describe the proposed activity and the which allow, in certain areas, a building height greater for the re and Plumbing/Gas Inspector's at the same location thereof and shall state where the than that specified in the Table and,5)excludes utility level as other Town employees. Submittedby Board of Selectmen application and plans may be examined by rights-of-way from lot calculations in cluster interested parties. The Commission and/or its subdivisions to conform with the calculation process Finance Committee does not recommend Agent, at its discretion, may require the specified in the Table for all lots. approval. Explanation: This article seeks Town Meeting approval to applicant to notify(in the same forementioned authorize the Board of Selectmen to convey a parcel manner)additional property owners,to include (approximately 1000 square feet)of tax title land- all property owners within one hundred (100) feet of the boundary of the property on which Article 25; Article 31: Recommendation: Finance Committee recommends approval. the work is proposed, according to the most recent records of the Assessors, including To see if the Town will vote to amend the Zoning By-Law as To see if the Town will vote to accept Chapter 281 of the cooperative 19:7Ve::�en; and coordinated foll ows:those property owners across a way or a body Acts of 1990, which amends M.G-L. Chapter 60, Section 2, actions by Town agencies to implement such plans and policies- of water and in another municipality. If such which authorizes the abatement of property tax bills of additional notification is deemed necessary by To Article III, Section 174-3, add the following The Committee shall coordinate its actions, the Commission, notice of such shall be definition: less than $10.00, or take any Other action relatinr thereto. as appropriate, with the towns of Barnstable provided to the applicant with 7h e written "FARM--A parcel of land containing at least five (5) and Falmouth and with state :and other notice o�the time and date of the hear'nq for Submitted by Treasurer/Tax Collecto agencies. said Request for De term ira,_,or.. of acres used for the primary purpose of agriculture, Applicability. horticulture, floriculture or viticulture, including The Committee may revise and update the facilities for the sale of produce, wine and dairy AzURLLO&tj�=- The purpose of this new section of M.G.L.'' Coastal Resource Management Plan and A.(3)Any person filing a Notice of Intent with the products, insofar as the majority of such products for is to relieve collektors of the obligation to pursue the Municipal Harbor Plan as needed, evaluate Commission shall, after being given written sale have been produced or grown by the owner of the collection of small balances on property tax bills in thf Past actions and policies, recommend future notice by the Commission cf the Lir.o and date land on which the facility is located."; interest of administrative efficiency. At the present actions and policies, hold public meetings of the hearing required, notify all property time it costs from$65 to$70 per parcel to place property and hearings, seek adoption of by-laws and owners within one hundred (100) feet of the In Article VI Section 174-25C.(3) replace the words"One in "tax title*regardless of the amount owned. There is administrative procedures, recommend resource boundary of the property on which the work is (1) roadside'stand per farm"with the words"Roadside also no allowable method to recoup these costs. protection, mooring and navigation areas, proposed, according to the most recent records stand" and insert after the word "agricultural" the recommend dredging and other facilities of the Assessors, including those property words"floricultural, viticultural"; Finance Committee recommends approval. improvements, review and comment on projects owners across a way or a body of water and in which may have a significant impact on another municipality, of said hearing. Said To Article VI Section 174-25C. in the Table of Use coastal resources and identify funding notice shall be by certified mail, return Regulations, add the following new subsection(4); Sources in support of the Plan and committee receipt requested, and shall be received by Article 32: recommendatirons. said abutters no:less than five(5)days prior._ "(4) Agricultural activities other thAn the raising or to the date of the hearing. Said notice shall housing of livestock, swine; or o pliuitr'y where 6iore To see if the Town will vote to raise and appropriate The Committ,* Qj* .Wure that emerged; be in a form prescribed by the Commission, than twenty four(24)birds Are.lcept*- and/or transfer from available funds the sum of$1,800 to response plans are in place and known to the shall specify the time and date of said provide short-term assessment and referral of Mashpee's appropriate parties regarding storm emer- hearing, shall describe the proposed activity and indicate that such use is allowed in any district by seniors by the Visiting Nurse Association of Upper Cape gencies, waterways accidents and spills of and the location thereof and shall state where inserting the letter "Y"in the columns of the Table for Cod, Inc.,or take any other action relating thereto. fuel or hazardous materials into coastal or the application and plans may be examined by each land use district; tributary waters. interested parties. The Commission and/or its Submitted by Council on Aging Agent, at its discretion, may require the To Article VI Section 174-25C. in the Table of Use The Committee shall develop a public infor- applicant to notify(in the same forementioned Regulations, add the folioing new subsection(5): mation program regarding adopted and proposed manner)additional property owners, to include plans and policies and report to the Town on all property owners within three hundred(300) "(5) The raising or housing of livestock for sale or lsnation; The Town's current contracts with human an annual basis." feet of the boundary of the property on which profit, but not swine, or of poultry where more than service agencies do not provide One-to-one counselling the work is If such additional twenty four (24) birds are kept, on a parcel of Land proposed. services at the Senior Center, and issues of financial or take any other action thereon. notification is deemed necessaryb the containing less than five(5) acres,provided that any y reimbursement have restricted the number and type of COmmeission, notice of such shall be provided building housing livestock or poultry is not less.than seniors these agencies have been able to service. Submitted by Town Planner to the applicant with the,.written notice of one hundred fifty,(150) feet from the property the time and date of the'hearing for said boundary." Finance Committee does not recommend Notice of Intent. approval. KaRlanation: This article enacts one of the primary and indicate that such use shall be allowed in any recommendations of the recently completed Coastal Resource or take any other action relating thereto. district only by special permit by inserting the letters Management Plan and Municipal Harbor Plan. Its intent is "SF- in the columns of the Table for each land use to set up an ongoing forum to maintain communication and Submitted by Conservation Commission district; Article 33: coordination between the various Town agencies and boards Article 17: or take any other action thereon. To see if the Town will vote to relocate Pimlico Pond Road Z20LIA2ALIQa: This change allows for certain projects of as shown on a plan entitled"'Three Ponds' Subdivision To see if the Town will vote to amend the Zoning By-law b, negligible impact to meet the requi-rements of State End Submitted by Town Planner Plan of Land in Mashpee,Mass-for George H.Thompson July amending Article VI, Section 174-25 "Table of use local law while at the same time relaxing {local) and Planning Board ; 198$ Scale 1"-100' Doyle Engineering Associates Inc. Regulations" to add a'new Subsection 174-25.I.(is) as certified mail abutter-notification requirements. 53G Thomas Landers Road West Falmouth,MA 02574"which is follows, with the letters "SP" inserted under the 1-i -gin file in the Office of the Town Clerk,and further,that Article 21: lanation: Pursuant Co the revisions of M.G.L. column of the Table: Epp P Chapter 40A,Section 3, this article provides a definition trio Town vote to authorize and empower the Board of 151 Factgry outlet store as part of a To see if the Town will vote to amend Chapter 79-4,of the Selectmen to acquire the fee ownership on, over and under Town Bylaws to read; "ten dollars ($10)", or take any of a"farm" on which agricultural and similar activities the road as defined on said plan by purchase, gift or manufacturing or assembly facility where the other action relating thereto. are exempt f.em most zoning regulations (ex•-1pt any flcci eminent domain, and 'further, that the Town vote to ma or plain or wetlands regulations) and :provides for authorize and empower the Board of Selectmen to 1 portion OE items for sale have been > produced on the site or by the firm Submitted by Animal Control Officer agricultural activities on parcels of land which are not discontinue that part of Pimlico Pond Road which is shown occupying the facility and where gross floor large enough to be considered a"farm." on the aforementioned plan and marked"to be abandoned", area of the store does not exceed twenty or take any other action relating thereto. (20) percent of gross floor area of the meni4 This amount coincides with the contractual manufacturing or assembly facility with agreement by the Town for each day of confinement Submitted by Board of Selectmen which it is associated." for the care of a dog, payable by the owner or keeper Article 26: or take any other action thereon. thereof. To see if the Town will vote to adopt the provisions,of Explanation: This article allows the Board of Selectmen Submitted by Town Planner Re ZDAndation: Finance Committee recommends approval- Massachusetts General Laws Chapter 59, Section 5, Clause to acquire the land necessary to redefine Pimlico Pond and PlanningBoard 37A, or take any other action relating thereto. Road at the point which dramatically curves. Funding to reconstruct the road will come from both public and Submitted by Board of Assessors private sources. Ex=lane io nn: This a_ticle is intended to aspist the Article 22: Rea Inmandat,10n:Town's economic development efforts by providing potential Finance Committee recommends approval establishments.the option of operating an outlet store. To see if the Town will vote to amend Chapter 79-5 A.,of Explanation: This law modifies the existing Clause 37 contingent upon availability of Chapter 90 funding. the Town Bylaws to read; (1) "twenty-five dollars ($25.y", tax exemption for the blind by increasing the allowable (2) fifty dollars ($50.)", (3) seventy-five dollars exemption from$437.50 to$500.00. ($75.), (4)one hundred dollars ($100.), or take any other Article 39: Article 18: action relating thereto. Reco=endation: Finance Committee recommends approval. Submitted by Animal Control Officer To see if the Town will vote to.raise and appropriate um To see if the Town will vote to transfer $2,000.00 and/or transfer from available funds a sum of money to the remaining in funds from the Conservation Boundary Survey Article 27: Town Clerk's Expense Account, or take any other action Account to a Conservation Engineering/Development Account, thereto. or take any other action relating thereto, Explanation: This amendment would raise the penalties for the leashing and restraint of dog violations. To see if the Town will vote to adopt-the provisions of Submitted by Conservation Commissicn Massachusetts General Laws Chapter 59, Section 5, Clause Submitted by Town Clerk Finance Committee recommends approval. 17D, or take any other action relating thereto. Submitted by Board of Assessors X1VJ&aALJ=: This money is intended to cover the cost to Explanation; This article is for the surveying, recodify the Town Bylaws (passed at 10/91 Town Meeting); maintenance,and impr ve:.e:;t of Conservation lands- Article 23: estimated cost is$660. Recommendation: Finance recommends approval. Explana" : This law modifies the existing Clause 17 Finance Committee recommends approval. Article 19: To see if the Town will vote to amend Chapter 79-5 B., of tax exemption which allows for a $176 tax exemption but the Town Bylaws to read: "Chief of Police,"or take any has been made ineffectual by including the value of an Article 35: To see if the Town will vote to amend Section 172-4.B of other action relating thereto. applicant's home in computing the applicant's net worth. the Mashpee Code by substituting the follcwi�g- To see if the Town will vote to appropriate and transfer Submitted by Animal Control Officer Recoe=andat=o Finance Committee recommends approval. the sum of$8,500.00 from the"Shellfish Permit Reserved 172-48. The Commission may accept as the application and I for Appropriation"•account to the Shellfish Department plans under this Chapter the following: EXRJAIIati=: Previous legislation was enacted that Article 28: Expense Account, or take any other action relating removed the hearing process pursuant to the provisions of thereto. 1. An Administrative Review - Level 1 application, MGL C, 140 Sec. 157 from the Board of Selectmen to the To see if the Town will vote to accept the layout and including a Request for Determinaticn of Applicability Chief of Police. definition of Quaker Run Road, Jackbon Road, Lighthouse Submitted by Shellfish Commission (Farm 1 of 310 CMR 10.99)and a form as required by the Lane and Timberlane Drive as shown on three plans entitled rules and regulations of the Commission. (Such form "LAYOUT OF TIMBERLANS DRIVE LOCATED IN MASHPEE-MASS- will require, by Massachusetts regulations, 310 CMR PREPARED FOR TOWN OF MASHPEE SCALE: 1"-40 FT DATE- SEPT_ planation: The Shellfish Commission requests the 10.05(3)1b)(1), notice in a local newspaper of the Article 24: 5, 1991 DRAWN BY.HP CAPE S ISLANDS ENGINEERING 131 SPRING transfer of these funds, to be used by the Shellfish required hearing)- BARS ROAD FALMOUTH-MASS.", "LAYOUT OF QUAKER RUN ROAD Department for the propagation, cultivation, protection To see if the Town will vote to amend the Zoning By-law as LOCATED IN MASHPEE-MASS. PREPARED FOR TOWN OF MASHPEE and study of shellfish. Specifically the department 2. An Administrative Review - Level 2 application, follows: SCALE., 1"=40 FT DATE: SEPT. 5, 1991 DRAWN BY: HP CAPE 6 wishes to use the funds to purchase seed and adult including a Request for Determination of Applicability ISLANDS ENGINEERING 131 SPRING BARS ROAD FALMOUTH-MASS.", shellfish stock and any associated equipment and (Form 1 of 313 CMR 10.59)and a form as recuired by the Amend Article VII, Section 174-31"Land Space Requirements "LAYOUT OF JACKBON ROAD s LIGHTHOUSE LANE LOCATED IN materials. YllieS and regulations of the Commission. (Such form Table"as follows: MASHPEE-MASS.PREPARED FOR TOWN OF MASHPEE SCALE: 1"-40 FT DATE: SEPT. 5, 1991 DRAWN BY: HP CAP_ 6 ISLANDS Finance Committee recommends approval. will require, by Massachusetts regulations, 310 CMR In footnote 12,delete the first sentence and amend the ENGINEERING 131 SPRING BARS ROAD FALMOUTH-MASS,"which are 10.05(3)(b)(1), notice in a local newspaper of the remaining sentence to read: "Any water or wetland as on file in the office of the Town Clerk, and further to required hearing and abutter notification as prescribed defined under M.G.L. C.131, Section 40, any existing or authorize and empower the Board of Selectmen to acquire in section 172-5.A(2) of the Mashpee Code, proposed street, any roadway right,o.f-way or easement the fee ownership of these roads by purchase, gift Or Article 36: twenty(20) feet or more in width, or any overhead utility eminent domain, and further to direct the Board of 3. A Notice of Intent (Form 3 of CMR 10.99) filing as right-of-way or easement twenty (20) feet or more in width Selectmen to assess betterments to the owners a(the land To see if the Town will vote to amend Chapter 145 of the prescribed in 310 CMR 280.21 through 280.25 and ChapLeL may not be counted toward minimum lot size requirements."; abutting the said roads for any necessary legal, Mashpee Code by deleting therefor section 145-3, and 172 of the Mashpee Code and its regulations. engineering, construction and reconstruction exB pnses, or amending Section 195-1 to read as follows: or take any other action relating thereto. Add the following new footnote 16 and add a reference to take any other action thereon. footnote 16 to the title of the"Maximum of Lot Coverage "Section 145-1 Promulgation of the shellfishing and eeling Submitted by Conservation Commission (percent)"column: Submitted by Board of Selectmen regulations;violations and penalties.