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Town of Mashpee May 6, 1997 Annual Town Meeting 604 voters present Quorum 0 Article 28. To see if the Town will vote to amend§100-3 of Chapter 100 of the Mashpee Code by d6leting the present text of said section and substituting the following: The penalty for a violation of this chapter shall be $25.00 for the first offense and $50.00 for the second and any subsequent offense. Submitted by the Chief of Police and Town Clerk Explanation: By establishing a fee, the Town would guarantee that the physically challenged will have appropriate parking available to them. Violators not paying this fine within 21 days of issuance will be forwarded to the Registry of Motor Vehicles. This violation will also pertain to those with the handicapped sticker on the vehicle but have no physically challenged passenger in the vehicle. Recommendation: Finance Committee recommends approval. Motion made by Selectman Marsters. Motion: I move the Town vote to amen4 §100-3 of Chapter 100 of the Mashpee Code as printed in the warrant except for the phrase"or take any other action relating thereto'. Motion passes at 8:25 p.m. Article 33. To see if the Town will vote to amend Section 2 of Chapter 172 by substituting 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`Yesource 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 Desrosier.