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Draft 2- August 25, 1995 <br /> Explanation: This will allow common victualers in Mashpee licensed to sell <br /> wine and malt beverages under MGL 138, Section 12, to also sell Liqueurs and <br /> Cordials and subject to approval by the Local Licensing Board <br /> Article 3. <br /> To see if the Town will vote to amend Section 7 of Chapter 172 of the Mashpee <br /> Code by adding the following to 7.A: <br /> (1) .Lands within 100 feet of specific resource areas are presumed important to <br /> the protection of these resources because activities undertaken in close <br /> proximity to wetlands and other resource areas have a high likelihood of <br /> adverse impact upon the wetland or other resource area, either <br /> immediately, as a consequence of construction, or over time, as a <br /> consequence of daily operation or existence of activities. These adverse <br /> impacts from construction and use can include, without limitation, erosion, <br /> siltation, loss of groundwater recharge, poor water quality, and loss of <br /> wildlife habitat. The Commission therefore may require that the applicant <br /> maintain a continuous naturally vegetated buffer strip (NUBS) within the <br /> 100-foot area from any resource area. (This requirement will not preclude <br /> access pathways through said NVBS, as determined by regulations for this <br /> Chapter.) Said NUBS would have to be a minimum of 50 feet in width <br /> unless the applicant convinces the Commission (as per the provisions of <br /> Section 12 of this Chapter) that: (a) the NVBS (or part of it) may be <br /> disturbed and/or diminished without harm to the values protected by this <br /> Chapter, and (Z) that reducing the scope of work/alteration is not possible. <br /> or take any other action relating thereto. <br /> Submitted by the Conservation Commission <br /> Explanation: The Commission has had this requirement in place for nearly two <br /> years, but this language change, recommended by the Massachusetts Association <br /> of Conservation Commissions, would enable this Bylaw (Chapter 172) provision <br /> to better withstand legal challenge. The need for protecting naturally vegetated <br /> buffer strips of at least 50 feet in width is well documented in research. It has <br /> been incorporated into many Town bylaws. This language puts our Mashpee <br /> ]Bylaw wording in consonance with similar versions that have been upheld at the <br /> Page 2 <br />