05/04/2026 Annual Town Meeting (2)

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C. In no case shall new non-conformities be permitted without the issuance of a Variance. D. The provisions of this Bylaw shall only apply to the increase of a pre-existing non- conformity or the creation of a new non-conformity. Exempt from this Bylaw is the voluntary demolition and reconstruction of a single- or two-family residential structure that is reconstructed within the same footprint, building height, and the same volume or less as the building voluntarily demolished. Submitted by the Planning Department Explanation: This article proposes to amend the Town’s Zoning Bylaw to update Sections 174-17 and 174-17.1 to be compliant with current state law and to reflect on how these sections are presently applied in practice. The amendments bring greater conformity with the J. STEPHEN BJORKLUND & another, trustees, vs. ZONING BOARD OF APPEALS OF NORWELL, 450 Mass. 357 (Jan. 7, 2008) case and the series of cases that followed it. The amendments are intended to provide clearer procedural guidance to applicants with pre-existing non-conforming structures, including, without limitation, structures located on undersized lots. The adjustments state more precisely when such lots require a written finding under MGL c. 40A §6 and when they require a Special Permit in accordance with current case law and actual practice. Article 32 requires a 2/3 vote to pass. The Select Board recommends approval of Article 32 by a vote of 5-0 The Finance Committee recommends approval of Article 32 by a vote of 7-0 Motion made by Select Board Member Cotton Motion: I move the Town vote to approve Article 32 as printed in the warrant, with the exception of the phrase “or take any other action relating thereto.” Planning Board Chair: After a public hearing on April 15, 2026, the Planning Board voted unanimously to recommend approval of Article 32. Motion passes 206 to 28 at 9:27PM Article 33 To see if the Town will vote to An Ordinance Amending Chapter 126 of the General Bylaws of the Town of Mashpee – Trade In Fur Products Chapter 126 of the General Bylaws of the Town of Mashpee is hereby amended by adding a new Article II as follows: Article II. Trade in Fur Products. Section 126-9. Purpose.