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<br />103rd. ANNUAL TOWN MEETING WARRANT
<br />ARTICLE 64. (contd)
<br />recreational and esthetics. No person shall. remove, fill, dredge, or
<br />alter any bank, beach, dune, flat, marsh, meadow or swamp bordering
<br />on the ocean or any estuary, creek, river, stream, pond or lake, or
<br />any land under said waters or any land subject to tidal action, coastal
<br />storm flowage, or flooding, without first filing written notice of
<br />'his intention so to remove, fill, dredge or alter by sending a
<br />separate letter, by certified mail, to Mashpee Conservation Commission
<br />at least sixty (60) days prior to any removing, filling dredging or
<br />altering. Such notice of intention shall include such plans as may
<br />be necessary to describe such proposed activity and its effect on the
<br />enfir•onment. The same plans and specifications required to be filed
<br />by an applicant under Massachusetts General Laws, Chapter 131, Section 40
<br />will be accepted as fulfilling the requirements of this by-law. The
<br />said Commission, in its discretion, may hear any oral presentation
<br />under this by-law at the same public hearing required to be held under
<br />the provisions of said Chapter 131, Section 40 of Mass. General Laws.
<br />2. The term "person" as used in this by-law shall include any
<br />individuals, group of individuals, association, partnership, corporation,
<br />company, business organization, trust estate, the Commonwealth or
<br />political sub -division thereof, administrative agency, public or
<br />quasi -public corporation or body or any other legal entity or its
<br />legal representatives, agents or assigns,
<br />3. The Commission may take a determination as to whether or not
<br />this by-law applies to a specific situation prior to the filing of
<br />a written notice of intent under the provisions hereof, upon receipt
<br />of a written request from any person desiring such determination.
<br />The Commission, its agent officers and employees, may enter upon
<br />the land upon which the proposed work is to be done in response
<br />to a request for a prior determination or for the purpose of carrying
<br />out its duties under this by-law and may make or cause to be made such
<br />examination or survey as deemed necessary.
<br />4. The Conservation Commission is empowered to deny permission for
<br />any judgment such denial is necessary to preserve environmental quality
<br />of either or both the subject lands and contiguous lands. Due consid-
<br />eration shall be given to possible effects of the proposal on all values
<br />to be protected under this by-law and to any demonstrated hardship
<br />on the petitioner by reason of a denial, as brought forth at the public
<br />hearing.
<br />5. The Commission may, as an alternative to a denial, impose such
<br />conditions as it deems necessary to contribute to the protection and
<br />preservation of subject lands in accordance with purposes of this by-
<br />law. Any Order of Conditions issued under this by-law shall be subject
<br />to the same constraints and be identical to any such order issued by
<br />the Mashpee Conservation Commission under the provisions of Mass. General
<br />Laws, Chapter 131, Section 40.
<br />6. The sixty-day notice required by the first paragraph of this by-
<br />law shall not apply to emergency porjects necessary for the protection
<br />of the health and safety of the citizens of Mashpee and to be performed
<br />by an administrative agency of the Commonwealth or by the Town.
<br />Emergency porjects shall mean any projects certified to be an emergency
<br />by the Commissioner of the Department of Natural Resources and the
<br />Conservation Commission, if this by-law and Massachusetts General Laws,
<br />Chapter 131, Section 40, are both applicable, or by the Conservation
<br />Commission if only this by-law applicable. In no case, shall any filling,
<br />dredging, or altering commence prior to any emergency certification
<br />nor extend beyond the time necessary to abate the emergency. Submitted
<br />by Conservation Commission of Mashpee.
<br />ACTION: Moved and seconded that Article 64 be accepted as writte .
<br />So Voted.
<br />ARTICLE 65. To see if the Town will vote to approve the submittal of
<br />the names of the following ponds, located in whole or part within
<br />the Town of Mashpee, to the Department of Public Works, Division of
<br />Waterways, with a request for surveys leading to the determination
<br />of the aforementioned ponds as Great Ponds in accordance with the
<br />provisions of Chapter 28 of the Resolves of 1951. Ames Pond, Lean Pond,
<br />
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