12/14/1989 CONSERVATION COMMISSION Minutes

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REARDON, THOMAS & BAILEY. P.C. ATTORNEYS AT LAw CORNER OF BAFSE'S WAY ADVO BASSETT LANE POST OFFICE BOAC 978 JOSEPH J.REARDON HYANNIS.MASSACHUSETTS 02601 WILUAM W.THOMAS TELEPHONE BRADLEY J.BAILEY C508)771-4644 LESUE-ANN MORSE December 14, 1989 FAX aM7a.334 Robert Sherman, Conservation Agent 'down of Mashpee . 0. Box 110 iashpee, MA 02649 R : Proposed Notice/Section 21 Dear Bob: would suggest that you modify the first and second paragraph of the proposed notice to read as follows: ?'On November 13, 1959 the Town Meeting, under Article 33, adopted an amendment to the M shpee wetlands Protection By--Law to provide for the non-criminal disposition of by-law violations under the provisions f Chapter 40,, Section 21 , of the General Laws. The effect of this change is to authorize the Conservation Commission to establish a penalty schedule for violation of the by-law, with no penalty to exceed $300.00, and to authorize the Conservation Commission Agent to issue non-criminal violation notices. This means that the Conservation Commission Agent may issue a violation notice to a violator. The person acused of the violation may elect to admit the violation and pay the specified fine to the Clerk of the Dlist rict Court instead of having to appear before the Court and answer to a criminal charge of by-law violation. The election to make the payment shall be non-criminal in nature and by statute no criminal record of the case shall be entered on any probation recons and the payment made to satisfy the charge of violation shall not be deemed to be a criminal proceeding." Any person receiving a violation notice who desires to contest the same may do so. In this event, the non-crir final disposition procedure i s not available, and the matter is treated as a violation of a Town by-Law, ur uly, Jo . Reardon hp a Town Counsel J R:ss