05/06/1997 Annual Town Meeting - Laserfiche WebLink

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plan laying out and defining Algonquin Avenue and for said purpose the Town vote to raise and appropriate $,5,000 to the Algonquin. Avenue Account. Motion passes at 8:50 p.m. Article 33 To see if the Town will vote to amend Section 2 of Chapter 172 by substitutin14 the following for the existing Section 2: "Ch. 172-2. Jurisdiction Except as permitted by the Conservation Commission or as provided in this bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas: any freshwater or coastal wetlands; marshes; wet meadows; bogs; swamps; vernal pools; banks; lakes; ponds; streams; creeks; beaches; dunes; estuaries; the ocean; lands under waterbodies; lands subject to flooding or inundation by ground water or surface water; lands subject to tidal action, coastal storm flowage, or flooding; lands within 100 feet of any of the aforesaid resource areas; rivers; and lands within 200 feet of rivers (collectively the "resource areas protected by this bylaw"). Said resources shall be protected whether or not they border surface waters." Submitted by the Conservation Commission Explanation: In 1996, the legislature, amended the Massachusetts Wetlands Protection Act by adopting the Rivers Protection Act and incorporating its provisions into the Wetlands Protection Act. Under Massachusetts law, local bylaws can be no less strict than State law. This bylaw change brings Chapter 172 into consonance with the Massachusetts, Wetlands Protection Act by extending jurisdiction to 200 feet from rivers. The only other differences are the inclusion of vernal pools as a protected resource area, and the addition of the last sentence. The same provisions are in existing versions of Chapter 172 regulations. Based upon recommendations from legal advisors for the Massachusetts Association of Conservation Commissions, these provisions have been moved from the regulations to the bylaw language itself. Motion made by Harry Desrosiers. 0 Motion: I move the Town vote to amend Section 2 of Chapter 172 of the Masbpee Code as printed in the warrant except for the phrase "or take any other action relating thereto". Motion passes at 8:51 pm. Article 34 To see if the Town will vote to amend Section 7 of Chapter 172 of the Mashpee Code by adding the following to 7.A.: "(1) Lands within 100 feet of specific resource areas, and lands within 200 feet of 'rivers, are presumed important to the protection of these resources because 28