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<br /> Z94C Et[ nAist Falmouth,Mass.,Friday,April 18, 1986 Page Thirteen
<br /> it being the intention of this pro- ARTICLE 89: To see i-f the Town will vote to delete Article
<br /> vision to vest all authority and to 4.3, Rules and Regulations Regarding Wetlands of the town
<br /> pen all responsibility for such sus-
<br /> p pension or removal solely intheBoard by-laws and insert a new Article 4-.3, entitled "Wetlands _
<br /> Selectmen. The executive secretary Protection" as follows, or take any other action thereon._
<br /> shall continue to receive his salary
<br /> until the effective date of a final
<br /> vote of removal unless, for cause, _
<br /> - his salary is terminated. The town
<br /> may, by by-law establish additional Article 4.3 Wetlands Protection
<br /> procedures governing the removal or
<br /> suspension of an executive secretary. Section 4.3.1 Purpose
<br /> Submitted by Board of Selectmen The purpose of this bylaw is toprotectthe _
<br /> wetlands, related water resources, and ad-
<br /> joiningland areas in this municipality by
<br /> ` controlling activities deemed by the Con-
<br /> servation Commission likely to have a sig-
<br /> nificant or cumulative effect upon wetland
<br /> values, including but not limited to the
<br /> - - - - following: public .or private water supply,
<br /> E ARTICLE 87: To see if the Town will vote to amend the Town groundwater, flood control , erosion and
<br /> By-Laws by adding the following: - - sedimentation control , storm damage pre-
<br /> r vention, water pollution, fisheries, shell-
<br /> Article 2. 16 Shellfish Commission fish, wildlife habitat, recreation, aes-
<br /> thetics, agriculture, and aquacultural
<br /> 2.16.1 Membership values ("collectively the wetland values
<br /> protected by this bylaw') .
<br /> The Selectmen shall appoint a Shellfish Com-
<br /> mission to consist of five members, one member
<br /> to be the shellfish constable, two members to
<br /> represent recreational interests and two members
<br /> to represent commercial interests. The initial Section 4.3.2 Jurisdiction
<br /> terms of office shall be one for one year, two
<br /> for two years and two for three years. . There- Except as
<br /> p permitted by the Conservation
<br /> after members shall be appointed annually to Commission or as provided in this bylaw,
<br /> replace those members whose term has expired. no person shall remove, fill dredge, build
<br /> upon, or alter the following resource areas
<br /> within 100 feet of any freshwater wetland,
<br /> 2:16.2 - Organization - coastal wetland, marsh, wet meadow, bog or
<br /> swamp; within 100 feet of any bank, beach,
<br /> The Shellfish Commission shall annually organize dune, or flat; within 100 feet of any lake, -
<br />. ,at its first meeting of each fiscal year by the river, pond, stream, estuary, or the ocean;
<br /> selection of chairman, vice-chairman and serre- any land under said waters; or within 100 -
<br /> t.ary who shall serve for one year. feet of any land subject to flooding or
<br /> inundation by groundwater, surface water,
<br /> 2.16.3 Powers and Duties tidal action, or coastal storm flowage.
<br /> The Shellfish Commission shall advise and assist
<br /> the Shellfish Constable and the Board of Select- .
<br /> . _ men: It shall make recommendations relating to
<br /> shelifishing in the Town and shall act in an Section 4.3.3 Exceptions .
<br /> advisory capacity to all town Boards, Committees - -
<br />` or officials seeking assistance from the Com- The permit and application required by this
<br /> bylaw shall not be required for maintaining,
<br /> mission. The Board of Selectmen shalt designate repairing, or replacing, but not subst'an-
<br /> i _ as applicable, membersofthe Shellfish Commis-
<br /> sion upon their request as Deputy Shellfish anally -Fullchany localng or enlarging., an existing -
<br /> and lawfully located structure or facility
<br /> Constables to serve without compensation., . usedinthe service of the public to provide
<br /> electric, gas; water, telephone, telegraph
<br /> 2. 16.4 Associate Members or other telecommunication services, pro-
<br /> vided that the structure or facility is not
<br /> The Selectmen shall annually appoint three or substantially changed or enlarged, provided
<br /> more Associate members to the Shellfish Commis- - that written notice has been given to the
<br /> sion for one year terms. They shall have voting Commission prior to commencement of work,
<br /> power upon designationbythe Commission Chair- and provided that the work conforms to per-
<br /> man in the absence of any regular commission formance standards and design specifications
<br /> member at any meeting of the commission and by in regulations adopted by the Commission.
<br /> adding a new subsection "t" to Section 2.1 .6
<br /> i c I e 2.1 as follows: The permit ,and application required by this
<br /> .rt - '+
<br /> bylaw shall noi' be 'required for work per-
<br /> - "t" . The Selectmen shall appoint regular and formed for normal maintenance or improvement
<br /> associate members to the Shellfish Commission of land in agricultural use or in aquacultu-
<br /> ral use, provided that written notice has _
<br /> to fill vacancies.' - beeniven to-the Commission ommission prior to the
<br /> or take any other action relating thereto. application of any agricultural chemical ,and provided that the work conforms to the
<br /> Submitted by the Shellfish Commission - performance standards and design specifi-
<br /> cations in regulations adopted by the Com-
<br /> . - - - mission,
<br /> The permit and application required by this
<br /> bylaw shall not apply to emergency projects
<br /> necessary for the protection of the health
<br /> or safety ofthepublic, provided that the
<br /> work is to be performed by or has been
<br /> ordered to be performed by an agency of the
<br /> ARTICLE 88: To see i4 the Town will vote to amend the Town Commonwealth or a political subdivision
<br /> By-Laws by adding thereto the foll owing new section: thereof, provided that advance notice, oral
<br /> or written, has been given to the Commission
<br /> "Section 2.17.1 Cable Advisory Committee prior to the commencement of work or within
<br /> 24 hours after commencement, provided that
<br /> The Selectmen shall appoint a Cable Advi- the Conservation Commission or its agent
<br /> sory Committee consisting of not more than _ certifies the work as an emergency project.,
<br /> seven (7) members. Initially, the appoint- provided that the work is performed only for
<br /> ments shall consist of two (2) members for the time and place certified by the Conser-
<br /> one (1). year, two (2) members for two (2) vation Commission for the limited purposes
<br /> years, and three (3) members for three (3) necessary to abate theemergency, and pro-
<br /> year terms, so as to provide for staggered vided that within 21 days of. commencement of -
<br /> terms of office. The Committee shall re- an emergency project a permit application
<br /> organize annually at its first meeting - shall be filed with the Commission for re-
<br /> -following July first by election of a view as provided in this bylaw. .Upon fail-
<br /> Chairman, Vice-Chairman and Secretary. ure to meet these and other requirements of
<br /> The Cable Advisory Committee shall conduct the Commission, the Comm issionmay, after
<br /> a public hearing on any application request notice and a public hearing, revoke or modi-
<br /> for a cablevision system in any future or fy an emergency project approval and order
<br /> proposed development by any individual or restoration and mitigation measures.
<br /> corporation and shall make recommendations
<br /> to the Board of Selectmen. " Other than as stated in this section the
<br /> exceptions provided in the Wetlands Pro-
<br /> Submitted by the Mashpee Cable Advisory Committee..-,,.,. Lection Act, shall not apply.
<br />
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