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Motion: I move that the Town vote to amend the feet more or less, as shown on a plan entitled Cotuit Zoning Bylaw amending §174-5, establishment of a Road Road Taking Plan Map 37 and Lot 38 dated zoning map as set forth in Article 14 of the warrant 7/6/18, prepared by Baxter Nye Engineering & with the exception of the phrase or take any other Surveying, for road and utility purposes and to action relating thereto. authorize the Board of Selectmen to execute any agreements, documents or instruments necessary to Motion is defeated at 9:20 PM. effect said acquisition upon such terms and conditions as they deem to be in the best interest of the Town. Article 15 Motion passes by majority vote at 9:31 PM. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent Article 16 domain a portion of a certain parcel of land identified on Mashpee Assessor's Map 37 as Parcel 28 and To see if the Town will vote to amend the Zoning located at 226 Cotuit Road consisting of 1,194 square Bylaws by adding a new section §174-17.1 to read as feet more or less, as shown on a plan entitled Cotuit follows: Road Road Taking Plan Map 37 and Lot 38 dated 7/6/18, prepared by Baxter Nye Engineering & §174-17.1 Raze and Replace: Surveying, for road and utility purposes, to authorize the Board of Selectmen to raise and appropriate, No pre-existing,non-conforming single or two family borrow or transfer from available funds any sum that dwelling structures shall be torn down and rebuilt on may be necessary for such purchase or taking, and any lot unless there is an issuance of a Special Permit further,to authorize the Board of Selectmen to execute from the Zoning Board of Appeals. Such a Special any agreements, documents or instruments necessary Permit may be granted only if the Zoning Board of to effect said acquisition upon such terms and Appeals finds that any changes,extensions,alterations conditions as they deem to be in the best interest of the or reconstruction of the pre-existing non-conformities Town,or take any other action relating thereto. are not substantially more detrimental than exists prior to removal of the existing structure and that there is Submitted by the Department of Public Works adequate land area to provide sufficient parking. In no case shall new non-conformities be permitted without Explanation:This article authorizes the acquisition of the issuance of a Variance. a portion of the property at the intersection of Route 130 and Cotuit Road necessary for re-alignment of the or take any other action relating thereto. intersection. Re-alignment will improve traffic flow and safety at the intersection. An existing water main Submitted by the Zoning Board of Appeals is also located within the property proposed for acquisition. Explanation:This article will clarify,under the Bylaw, the ability of the Zoning Board of Appeals to review The Board of Selectmen recommends Town and evaluate existing homes to be torn down and rebuilt Meeting approval by a vote of 4-0. which may or may not meet the requirements under the existing Zoning Bylaws. The Finance Committee does not recommend Town Meeting approval by a vote of 7-0. The Board of Selectmen recommends Town Meeting approval by a vote of 5-0. Motion made by Selectman Thomas O'Hara. The Finance Committee recommends Town Motion: I move the Town vote to authorize the Board Meeting approval by a vote of 6-1. of Selectmen to acquire by gift,purchase or eminent domain a portion of a certain parcel of land identified After a public hearing held on October 3,2018,the on Mashpee Assessor's Map 37 as Parcel 28 and Planning Board voted 3-2-0 to recommend approval located at 226 Cotuit Road consisting of 1,194 square of Article 16. 73