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Article 21
<br />To see if the Town will vote to amend the Zoning By-
<br />law as follows:
<br />Amend Section 174-31, Land Space Requirements
<br />Table, by reducing the required side and rear setbacks
<br />in the R-5 Zoning District from 25 feet to 15 feet;
<br />or take any other action related thereto.
<br />Submitted by Planning Board
<br />Explanation: This article is intended to reduce side
<br />and rear setbacks in the R-5 residential zoning district
<br />from 25 to 15 feet to make them consistent with the
<br />same requirements in the R-3 residential zoning district
<br />and to reduce the number of potential variance requests
<br />in the R-5 district, the majority of whose existing lots
<br />are much smaller than the district's 80,000 square foot
<br />minimum lot size required for new subdivision lots.
<br />The Board of Selectmen recommends Town
<br />Meeting approval by a vote of 5-0.
<br />The Finance Committee recommends Town
<br />Meeting approval by a vote of 4-0.
<br />Motion made by Selectmen Andrew Gottlieb.
<br />Motion: I move the Town vote to amend the Zoning
<br />By-law as follows:
<br />Amend Section 174-31, Land Space Requirements
<br />Table, by reducing the required side and rear setbacks
<br />in the R-5 Zoning District from 25 feet to 15 feet.
<br />Motion passes at 7:48 PM. 2/3rd called by
<br />moderator.
<br />Article 22
<br />To see if the Town will vote to amend Chapter 120 of
<br />the General By-laws as follows:
<br />Delete Subsection 120-1 in its entirety and replace
<br />with the following:
<br />§120-1 Noise Control:
<br />A. Sound -making devices and boisterous persons.
<br />It shall be unlawful for any person or persons
<br />occupying or having charge of any building or
<br />premises or any part thereof in the Town of
<br />Mashpee to cause or allow any unnecessary, loud,
<br />excessive, or unusual noises in the operation of any
<br />radio, phonograph, or other mechanical sound -
<br />making device or instrument or sound reproducing
<br />device, or in the playing of any band, orchestra,
<br />musician or group of musicians, or in the use of
<br />any device to amplify the aforesaid, or the making
<br />of outcries, exclamations or other loud or
<br />boisterous noises by any person or group of
<br />persons. Any such noise which is plainly audible
<br />at a distance of 150 feet from the point at which it
<br />originates shall constitute a violation of this
<br />section. Any premises for which an entertainment
<br />license has been issued pursuant to the provisions
<br />of Massachusetts General Laws Chapter 138 shall
<br />be exempted from the application of this section.
<br />B . Noise from dwellings, buildings, boats and other
<br />conveyances. It shall be unlawful for any person
<br />or persons in or about any dwelling, building,
<br />premises, shelter, boat or conveyance, or any part
<br />thereof located in the Town of Mashpee to cause,
<br />between the hours of 10:00 p.m. and 7:00 a.m., any
<br />unnecessary, loud, excessive, or unusual noises in
<br />the operation of any sound -making device, or in
<br />the playing of any band, orchestra, musician or
<br />group of musicians, or the making of loud outcries
<br />and boisterous singing by any person or group of
<br />persons. For the purposes of this section, noises
<br />which would disturb the reasonable quiet, comfort,
<br />repose or health of others shall include, but are not
<br />limited to, loading and unloading activities, use of
<br />power tools, use of radios, use of televisions, use of
<br />amplifiers, use of musical instruments, and use of
<br />lawn or landscaping equipment. Any such noise
<br />which is plainly audible at a distance of 150 feet
<br />from the point at which it originates shall constitute
<br />a violation of this section. Any premises for which
<br />an entertainment license has been issued pursuant
<br />to the provisions of Massachusetts General Laws
<br />Chapter 138 shall be exempted from the
<br />application of this section.
<br />C. Noise from motor vehicles. It shall be unlawful
<br />for any person while in control of any motor
<br />vehicle, as defined by Massachusetts General Law
<br />Chapter 90, Section 1, as amended, in the Town of
<br />Mashpee to cause unnecessary, loud, excessive, or
<br />unusual noise in the operation of any such motor
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