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i5 1995 T Enterprise 548-4700 50 Depot • VISA CLAS EDS a.wtr•.card • •1- 00-2 -7744 'tat rttnsaar tate ,� ` Falmouth, • a • • • LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE withstand legal challenge. The need for protecting naturally vegetated buffer strips of at TOWN OF MASIIPEE ,'aa>Awl least 50 f . Amended in 1995 to add a Definitions section and reorganize eel in width is well documented in research. it has been incorporated into the bylaw to be in accordance with MGL Chapter 90B §1 to TOWN OFMASHPEE �y Town bylaws. This language puts our Mashpee Bylaw wording in consonance §19,§36, §38 to §49B; and Chapter 91 §10A; Chapter 102; ,pa„ PUBLIC Massac�hilar versions rsions that have been upheld at the hisetts. ghest level of judicial review in and Chapter 131§45 IIEARING Annual Town Meeting LNRecommendadon: Finance Committee recommends approval. §170-1. Definitions. NOTICF, Iamstable,ss: Greetings 01P Article ll. A "Foreshores" a"foreshore"is the part of a waterway shore that In accordance with the provisions of the Town of b the�Constables of the Town, is between average high water and average low water(tidal and Mashpce Conservation Bylaw, Chapter 172, To see if the Town will vote to amend Section 1 of Chapter 172 of the Mash Code to seasonal),or in other words beaches and marsh. Rules and Regulations concerning wetlands, )the name of the Commonwealth of Massachusetts,you are hereby directed to notify read: Pee and Chapter 131, S40 Massachusetts General rid summon the inhabitants of the Town of Mashpee who are qualified to vote in the B. "Headway speed"-the slowest speed at which a watercraft may lections to meet at the Mashpee Middle School on Monday,the 2nd da of October, The be operated and maintain steerage wily. Laws,a public hearing will be held at the Mash- Pe Y. Y Purpose of this Chapter is to protect the Wetlands, related water resources R. pce Town flail in the Conservation Commission 995 at 7:30 p.m.for the following purposes: and adjoining land areas in the Town of Mashpee by prior review and control of C. "Harbormaster" - Chief Harbormaster and Assistant Harbor- ileuring Room on 21 September 1995 at 8:00 p.m. activities deemed by the Conservation Commission likely to have significant or masters dui the general Laws of Massachusetts. .on the application of James if. Kanter for the .o act on the articles contained in the following Warrant. cumulative effect upon resource area values, including but not limited to the Y empowered b y construction ofan addition on the northerly side following:public or private water supply,groundwater,flood control,erosion and D. "Personal Watercraft" - a small vessel which uses an inboard of an existing dwelling at 13 Seconsett Point sedimentation control,storm damage prevention including coastal storm flowage, motor powering a water jet pump as its primary source of motive Road,Assessors Map 119, Block IB. in accor- irticle L water quality, water pollution control, fisheries, shellfish, wildlife habitat and power and which is designed to be operated by persons sitting, dance wllh the Notice of Intent and plans on file biodiversity, rare species habitat including rare plant species, recreation, standing,or kneelingon the vessel The term includes but is not zsi with the Mashpee Conservation Commisslon. Co see if the Town will vote to raise and appropriate or transfer from available funds agriculture and aquaculture values(collectively"the wetland values protected by limited o a jet ski, et bike,or surf jet so-called,plus motorized John J.Fitmmons ;1.086.83 to pay previous fiscal year unpaid bills as follows: this chapter".)This Chapter is intended to utilize the Home Rule authority of this or propelled surfboards and jet boats. Chairman municipality io protect additional resource areas, for additional values, with September I5,1995 Mike's Service Station $ 81.33 additional standards and procedures stricter than those of the Wetlands E- "Persons" - includes individuals, corporations, societies, Cape Cod MSPCA $ 12.00 Protection Act, G.L. Chapter 131,Section 40 and Regulations thereunder, 310 associations,partnerships,and trusts. TOWN OF MASIIPEE Mike's Service Station $ 24.53 CMR 10.00,or take any other action relating thereto. Daniel Gould $300.00 F. "Private Swim Area"—a privately owned (e.g..by corporations, Dovetail Consulting $600. Submitted by Cion Chomeowners associations,etc.)area,belonging to more than one PUBLIC jYy7{ $ 20,2255 y tConservation Commission family unit,which is defined by signs and floating markers and Little River Boatyard $ 22.20 Explanation: This is corrective language to insert the word "control"after the phrase that has been approved by the Selectmen and the Harbormaster HEARING New Seabury Marina $ 26.52 "water pollution" The word was inadvertently omitted from the bylaw when originally as a private swim area. written. The Section also includes,in the second sentence,new language recommended NOTICE or take any other action relating thereto. by the Massachusetts Association of Conservation Commissions-language intended to G. "Slow,No Wake"-A slow speed at which a watercraft can still enable the Bylaw(Chapter 17 2)to better withstand legal challenge. be controlled,yet produces no wake. Approximately 6 Miles In accordance with the Provisions oflheTown of Submitted by Board of Selectmen Per Hour. See Headway Speed. Mashpee Conservation Bylaw, Chapter 172, Recommendation: Finance Committee recommends approval. Rules and Regulations concerning wetlands, Explanation: Approval of this article is necessary to pay for outstanding bills that were H "Watercraft" - Any vessel or object used to navigate the and Chapter 131, S40 Massachusetts General submitted by various departments after the close of the previous year. Article 12, waterways. includes, but is not limited used motor boat, row Laws,a public hearing will be held at the Mash- boat, jet boat, sail boat, dinghy, inflatable boat or personal Pee Town hall a the Conservation be lion Commission Recommendation: Finance Committee recommends approval. To see if the Town will vote to amend the Mashpee Code Chapter 174,the Zoning By- watercraft. Hearing Room on 21 September 1995 Commission p.m. at law,Section 174-24 page 17427 to correct the title of the Waterways Commission as on the application of Paul J.Collins to amend Article 2. follows: I. "Waterways"-any body of waiter upon which watercraft can be the Order of Conditions for SE 43-1273 to permit used. a retaining wall,backfilling,and landscape Im- sum see if the Town will vote l raise and appropriate,or transfer from available funds a In the third line, change the words "Waterways Committee" to "Waterways In this bylaw,the definitions as found in MGL Chapter 90 B,§I provements at 140 Algonquin Avenue,Assessors sum of money to the Police Salary/Wage Account to fund a contract between the Town Commission." Map aS,Block 42A.in accordance wllh plans on and International Brotherhood of Police Officers (Local 389, Unit B) for the period Definitions,as published and as may be amended,shall have the same fi Ie with the Mashpce Conservation Commission. beginning July 1,1995,or take any other action relating thereto. or take any other action relating thereto. meaning. John J.Fitzsimmons Submitted by Board of Selectmen §170-2. Promulgation of regulations;posting of signs. Chairman Submitted by the Waterways Commission September 15,1995 Explanation: This article is placed on the warrant to provide funding for a contract master shall promulgate regulations to implement the between the Town and the International Brotherhood of Police Officers Explanation: This change is needed to make the section conform to the title contained provisions A. The Harborni this chapter. (Local 389,Unit B). in Article XIIi of the Mashpee Code. TOWN OF MASIIPEE B. The Harbormaster, Assistant Harbormasters, or Waterways Aridi a.s. To see if the Town will vote to raise and appropriate,or transfer from available Recommendation: Finance Committee recommends approval. Assistants shall see that speed, waterskiing, and personal PUBLIC funds a.sutn of money to the Clerical Salary/Wage Account to fund a contract between d watercraft regulations are posted at public landings on / the period be and Service Employees international actor,Local 254,(Clerical Unit)for the Article 13. waterways within the town. Further signs and markers may be HEARING period beginning July 1,1995,or take any other action relating thereto. placed at strategic locations throughout the waterways. To see if the Town will vote to amend the Mashpee Code Chapter 174,the Zoning By- NOTICE Submitted by Board of Selectmen law,Section 174-25 page 17438 to correct the title of the Waterways Commission as §.170-3. Enforcement;violations and penalties. contract - Explanation: This article is placed on the warrant to provide funding for a contt follows: In accordance with the provisions oflheTown of A. Unless otherwise specified,the provisions of this chapter as well between the Town and Service Employees international Union, Local 254 (Clerical Chan " s "Waterways Mashpce Conservation Bylaw, Chapter 17$ Unit) ge the words, Inland and Coastal Waterways"Y �' to as Chapter 90 B shall be .enforced by the Harbormaster, Rules and Regulations concerning wetlands, Commission." Assistant Harbormasters, Waterways Assistants, and by police and Chapter 131, Soo Massachusetts Generalfficers empowered to patrol the waters of the Town of Laws,a public hearing will be held at the Mash. funds 4. To see if the Town will vote to raise and appropriate,d o transfer from available or take any other action relating thereto.a sum of money to the DPW Salary/Wage Account to fund a contract between the Mashpee. [Amended 19951 Pee Town hall In the Conservation Commission funds Town and Service Employees International Union,Local 254(DPW Unit)fol•the period Hearing Room on 21 September 1995 at 7:40 p.m Submitted by the Waterways Commission B. Whoever violates any of the provisions of this chapter and on the application or Suzanne Nash to reopen Explanation: This beginning July 1,1995,or take any other action relating thereto. change is needed to make the section conform to the title contained refuses to obey the lawful and reasonable orders of those the 1993 filing for an addition to single famlli Submitted by Board of Selectmen in Article XIII of the Mashpee Code. empow8red to enforce same or resists them in the discharge lof dwelling, septic system upgrade and improve- their duties shall be fined according to the fine schedule set fo th mens and maintenance ofan existing dock al 57 Explanation: This article is placed on the warrant to provide funding for a contract Recommendation:Finance Committee recommends approval. in regulations promulgated by the Harbormaster and approld fimberlane Drive,Assessor Map 29,Block 33C, between the'fown and Service Employees International Union,Local 254(DPW Unit). by the Board of Selectmen pursuant to Section 170-2(A)of this In accordance with plans on file with the Mash- Article 14. chapter. (Mashpee Waterways Regulations,Mashpee Mooring lice Copscrvgtlon Commission. „ Regulations and Mashpee Pond Boat Ramp Regulations). rI Jdhn J:Fitzsl'mmona ' Article S. To see-if the Townwill vote to authorize the Board of Selectmen to exercise the option Viola€ion"of'tMs chapter"ni:iy be solo"iced 'by;:nontcriminal Chairman To see if the Town ill vote to reclassify the position of Administrative Assistant to the held by the Town as set forth in paragraph 3 of the agreement entitled "South Cape di�Roi14b44.J?gfat4+nt tohMGL Chapter 40 Section!21 (D). September 15,1995 Y P Beach Development Agreement between the Town, acting through its Board of .[Amended 10951 Board Selectmen,and for said purpose vote to raise and appropriate or transfer from availabllee Selectmen,'and the Commonwealth of Massachusetts acting by and through its funds a sum of money to the Board of Selectmen Salary/Wage Account,or take ( Management Department of Environmental , , to §170-4. S TOWN OF MASIIPEE any other action relating thereto. P g )' dated December 271990Peed. acquire certain lands of the Commonwealth-and in consideration therefor to convey to Oil, PUBLIC Submitted by-the Board of Selectmen the Commonwealth certain lands of the Town,as such exchange is further described in A. Maximum Speed for a watercraft is"Slow,No Wake"(Headway Chapter 287 of the Acts of 1982; to authorize such acquisition and conveyance, on Speed): BEARING Explanation: This article is necessary to update the Town's classification system to such terms and conditions as the Board of Selectmen may determine,which may include a. during the period from one (1)(tour After sunset to one (1) reflect the duties which have been added to this position over time as the Town has restrictions on the future use of said lands,the lands to be acquired by the Town being hour before sunrise, to any area of any fresh water p described in paragraph 15 of the agreement entitled "Amended Agreement" between waterway. . NOTICE grown, the Town and DEM,dated July 15,1981,consisting of approximately 30 acres as shown b. in posted areas Recommendation: Finance Committee does not recommend approvalon the map attached to said Amended Agreement as Exhibit B and the lands to be c. within one hundred fifty(150)feet of: . In accordance with the provisions of the Town of conveyed by the Town being described.in paragraph 14 of said Amended Agreement as 1 shore Mashpce Conservation Bylaw, Chapter 172, "all municipally owned lands within the proposed boundaries of the[South Cape Beach ii. bathers(also see Swim areas) Rules and Regulations concerning wetlands, Arficle 6. State]Park,"including the existing Town beach and a portion of Great Oak Road and iii, vessels propelled by means other than and Chapter 131, S40 Massachusetts General other parcels within said Park; to transfer the care,custody, management and control of machinery Laws,auhlic hearing will be held at the Mash- To see if the Town will vote to raise and appropriate or transfer from available funds a P sum of mono to the Stabilization Account or tike an other action relating thereto. said Town-owned lands to the Board of Selectmen for the purpose of conveyance; and IV. vessels not undcrw:i (for example moored or Anchored to authorize the Board of Selectmen to petition the General Court of the Commonwealth Y P ) Pus Town hall in the Conservation Commission Y y g p v. commercial docking or mooring areas Bearing Room on 21 September 1995 at 7:25 p.m. for such approvals as may be needed for such exchange pursuant to Article 97 of the vt. on the application or John G.wrede for aDeter- Submitted by the Finance Committee Amendments to the Massachusetts Constitution, or take an other action relating private docking or mooring areas minulion or Applicability on landscaping and Explanation: This article seeks to place a portion of available unencumbered funds into thereto. y g d. On the following bodies of tidal water::, the Town's Stabilization Fund for future use. Future use of Stabilization Funds require a 1. Great River,except in an planing channel as may be s retaining wall Installation at 125 Pickerel Cove posted in Upper Great River g Y Road,Assessors Map 10,Block 5.In accordance vote of Town Meeting. Submitted by Board of Selectmen ii. Little River. r with plans on file with the Mashpce Conserva- ii. Santuit River tion Commission. Recommendation: Finance Committee recommends approval. Explanation: This article seeks to exercise the Towns option negotiated with the iv.Mashpee River John J.Fitzsimmons Article•7. Commonwealth of Massachusetts for the transfer of the new South Cape State Beach to v. Ockway Bay,except in any planing channel as may be Chairman the control of the ownership of the Town and the transfer of the current South Cape posted September 15,1995 To see if the Town will vote to appropriate and transfer $3,000 from the Elections Town Beach to the State. vi. Ithe Mashpee part of Shoestring Bay and Simon's TOWN OF MASIIPEE Registration Salary/Wage Account to the Town Clerk Expense Account, or take any Recommendation: Finance Committee recommends approval. Narrows other action relating thereto. pP e. During conditions of low visibility. ew1O1�a, PUBLIC Article 15. B. A boat or d Submitted by the Town Clerk personal watercraft operator within sight of a diverse flaTo see if the Town will vote to transfer the care,custody and control of the Asher's Path hundred proceed with caution and within a radius of one HEARING Explanation: This article transfers funds needed for an expansion of the Town Clerk's (100)feet of such flag shall proceed at a speed not to Office., Sanitary Landfill property owned by the Town, to the Board of Selectmen for the exceed three(3)miles per hour.[Added 1995] NOTICE purpose of placing a deed restriction on the property and further to authorize the Board Recommendation: Finance Committee recommends approval. of Selectmen to place said deed restriction on the property restricting any future uses of §170-5. Waterskiing; tubing; kneeboarding [Amended and re- the property to active or passive recreation as stipulated by the provisions of M.G.L.C. written in 1995 to separate waterskiing from. personal'- In accordance with the provisions oflhe Town of Article 8. 111,Section 150A and the regulations at 310 CMR 19.141 and 815 CMR 2.00 Landfill watercraft operations] Mashpce ConservationBylaw, Chapter 172, Capping Grant Program and upon such terms and conditions as the Board of Selectmen Rules and Regulations concerning wetlands, 1b see if the Town will vote to raise and appropriate or transfer from available funds a- shall determine to be appropriate. A. All waterskiing tubing and kneeboarding is subject to the and Chapter 131, S40 Massachusetts General g g 1 Laws,a Public hearing will be held at the Mash- an of money to the Human Services Account to be expended under the direction of applicable provisions of the General Laws of the commonwealth, . Submitted it the Board of Health and Board of Selectmen as amended, and to the further restriction that no waterskiing, Poe Town hall in the Conservation Commission b Board of Health to operate the following programs: Visiting Nurses Association Explanation: This deed restriction will entitle the town to reimbursement in the tubing or kneeboarding is allowed in Mash ee in or on the Hearing Room on 21 September 1995 at 7:20 p.m. Arenting Program and the Battered Women's Legal Assistance Program,or take any p g cher action relating thereto. amount of$350,000 for the closure of the Asher's Path Sanitary Landfill through the freshwater ponds before the hour of 10:00 a m. and after the na the application bi Donald the for a s e con- Landfill Capping Grant Program. hour of 7:00 p.m. nation of Applicability on the proposed con- , str Submitted by Board of Selectmen Recommendation: Finance Committee recommends approval. land v g to a dwelling within 10o reel or an es- B. Waterskiing, tubing and kneeboarding is permitted on fresh land vegetated wetland at 2 Huron Ave.,Asses- Etplanation: This article seeks to continue funding for two successful human service water ponds and the tidal waters of Popponesset Bay; secs Map wi%th he M 16.in accordance with plans rams which were operated initiallyunder the FY1993 EOCD Small Cities Program. Article 16. Nantucket Sound, and Waquoit Bay subject to the following, on Ole with the Mashpee Conservation Commis- �g �' restrictions: sion. To see if the town will vote to amend Chapter 170 of the Mashpee 1. Not within one hundred fifty(150)feet of: John J.Fitzsimmons Rtconrmendation: Finance Committee to mike recommendation at Town Meeting. Code,Waterways b deleting the current text in its entirety and Chairman substitute the following,or take any other action relating thereto. a. Shoreline Aipcle 9. C. Swimmers September'15,1995 (Ste of Liqueurs and Cordials by Wine&Malt Restaurant Licensees) d. Swimmers raft underway'b means other than motors Chapter 170 e. Watercraft not unerway (for example moored or TOWN OF MASIIPEE Tosee if the Town will vote to accept the provisions of the last paragraph of MGL anchored) ` loft 4 Chpter 138,Section 12,or take any other action relating thereto. WATERWAYS,USE OF f. Areas with posted speed limits PUBLIC g. Commercial docking or mooring areas Submitted by the Board of Selectmen h. Private docking or mooring areas tr IIEARING Exjlanation: This will allow common victualers in Mashpee licensed to sell wine and §170'1• Definitions. 2. Prohibited activities are: r mai beverages under MGL 138,Section 12,to also sell Liqueurs and Cordials,subject to §17p.2, Promulgation of regulations;posting of signs. a. Starting from or stopping on shore(except where posted alien NOTICE approval by the Local Licensing Board. g as permitted) §170-3. Enforcement;violations and penalties. b. Drawing more than two(2)skiers in accordance with the provisions of the Town of Redmmendatiors: Finance Committee recommends approval,concerning wetlands, §170-4. Speed. C. On tidal or salt water,waterskiingfrom one half(1/2)hour Rules and Regulations conce Mashpce Conservation Chapter 172, Article 10. before sunset to one half(1/2)hur after sunrise - ng, . Waterskiing, ng, tubing, and kneeboarding or towing skii d. Water and Chapter 131, Soo Massachusetts General To set if the Town will vote to amend Section 7 of Chapter 172 of the Mashpee Code §170-5. Waterskiing;tubikneeboardingto any manner on the fallowing bodies of tidal Laws,a public hearing will be held at the Mash- by a0ling the following to 7.A: water. pee Town hall in the Conservation Commission §170-6l watercraft operation. I. Great River Hearing Room on 21 September 1995 at 7:15 p.m (1), 'Lands . persona within 100 feet of specific resource areas are presumed important to the 2. Little Little River t River on the application of Norman Schiller for a De. iprotection of these resources because activities undertaken in close proximity to 3. termination of Applicability on a request for wetlands and other resource areas have a high likelihood of adverse impact upon §170-7' Swim areas' 4. Mashpee River maintenance to coincide with Chapter 91 In- the wetland or other resource area, either immediately, as a consequence of . Hamblin Pond. Jehu Pond terim Approval fur an existing dock at 77 construction,or over time,as a consequence of daily operation or existence of §170-8. Divers and diving. 5 5 Punkhorn Point Road.Assessors Map 100,Block activities. These adverse impacts from construction and use can include,without 7. Sage Lot Pond 11. In accordance with plans on file with the limitation,erosion,siltation,loss of groundwater recharge,poor water quality,and §170.9• Moorings. 8. Ockway Bay Mashpee Conservation Commission. loss of wildlife habitat. The Commission,therefore,may require that the applicant - . 9. Shoestring-.Bay and.Simon's Narrows. John J.Fitzsimmons \atrial"a continuous naturally vegetated buffer strip (NUBS)within the 100 §17010. AbandonmentC. All turns shall be counter clockwise. Chairman foot area from any resource area. (This requiremept will*not preclude access September 15,1995 thways through said NUBS,as determined by regulations for this Chapter.) §170-11. Pollution, pa D. In addition to the operator,there shall be a competent observer Said NVBS shall be a minimum of 50 feet in width unless the applicant convinces at least twelve(12)years of age on board to obser'e the person the Commission(as per the provisions of Section 12 of this Chapter)that:(a)the §170;iquorporen of vessels under the influence of intoxicating or persons being towed. NVBS(or part of it)may be disturbed and/or diminished without harm to the strolled substance values protected by this Chapter, and (2) that reducing the scope of E. All waterskiiers,tubers,and kneeboarders shall•ear a wearable worklalteration is not possible. §170-13 Watereait equipment Its are not Personal Flotation Device.(Type IiI or betmf�L�. ChVU1at10n HOIU*S or take any other action relating thereto. §170-14 Watert••alt operation without personal flotation acceptable.) w 11 devices or in oventaded or unsafe condition §170-6. Personal watercraft operation, [Added in 19% to Monday,Wedrlesday,Thursday Submitted by the Conservation Commission §170-15. Public Access Board Facilities. separate personal watercraft operations from waterskiin,.] 8:3".-00 A- All personal watercraft operation is subject to the apPlilable Tuesday&FridaExplanation: The Commission has had this requirement in place for nearly two years, §170-16. Jurisdiction;severability. provisions of the General laws of the commonwealth, as y 8:30-6:30 but this language change, recommended by the Massachusetts Association of [HISTORY: Adopted by the Town of Mashpee as Ch.4,Art- 7, t onspivation Commissions,would enable this Bylaw(Chapter 172)provision to better •the 1980 Code. Amendments noted where applicable.- Continued on Next Page