10/02/1995 Annual Town Meeting - Laserfiche WebLink

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Article 10 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 are presumed important to the protection of these resources because activities undertaken in close proximity to wetlands and other resource areas have a high likelihood of adverse impact upon the wetland or other resource area, either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of activities. These adverse impacts from construction and use can include, without limitation, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat. The Commission, therefore, may require that the applicant maintain a [continuos] naturally vegetated buffer strip (NVBS) within the 100-foot area from any resource area. (This requirement will not preclude access pathways through said NVBS, as determined by regulations for this Chapter.) Said NVBS shall be a minimum of 50 feet in width unless the applicant convinces the Commission (as per the provisions of Section 12 of this Chapter) that: (a) the NVBS (or part of it) may be disturbed and/or diminished without harm to the values protected by this Chapter, and (2) that reducing the scope of work/alteration is not possible. or take any other action relating thereto. Submitted by the Conservation Commission Explanation: The Commission has had this requirement in place for nearly two years, but this language change, recommended by the Massachusetts Association of Conservation Commission, would enable this Bylaw (Chapter 172) provision to better withstand legal challenge. The need for protecting naturally vegetated buffer strips of at least 50 feet in width is well documented in research. It has been incorporated into many Town bylaws. This language puts our Mashpee Bylaw wording in consonance with similar versions that have been upheld at the highest level of judicial review in Massachusetts. Recommendation: Finance Committee recommends approval. Motion made to amend to delete [continuous]. Motion to amend passes at 8:20 p.m. Amended motion carries unanimously at 8:20 p.m. Article 11 To see if the Town will vote to amend Section 1 of Chapter 172 of the Mashpee Code to read: The purpose of this Chapter is to protect the Wetlands, related water resources and adjoining land areas in the Town of Mashpee by prior review and control of activities 5