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Explanation: This article seeks to continue funding Submitted by the Conservation Commission <br /> for two successful human service programs which Explanation: The Commission has had this require- <br /> were operated initially under the FY 1993 EOCD ment in place for nearly two years, but this language <br /> Small Cities Program. change, recommended by the Massachusetts Associa- <br /> Recommendation: Finance Committee to make rec- tion of Conservation Commission, would enable this <br /> ornmendation at Town Meeting. Bylaw (Chapter 172) provision to better withstand <br /> Motion To Raise and Appropriate $19,450. legal challenge.The need for protecting naturally veg- <br /> $14,456 to Visiting Nurses Association Parenting Pro- etated buffer strips of at least 50 feet in width is well <br /> gram and $5,000 to Battered Women's Legal Assis- documented in research. It has been incorporated into <br /> tance Program many Town bylaws. This language puts our Mashpee <br /> Motion Carries Unanimous 8:15 p.m. Bylaw wording in consonance with similar versions <br /> that have been upheld at the highest level of judicial <br /> Article 9: (Sale of Liqueurs and Cordials by Wine & review in Massachusetts. <br /> Malt Restaurant Licensees) To see if the Town will Recommendation: Finance Committee recommends <br /> vote to accept the provisions of the last paragraph of approval. <br /> MGL Chapter 138, Section,12, or take any other <br /> action relating thereto. Motion To Amend To Delete [continuous] <br /> Submitted by the Board of Selectmen Amendment Carries <br /> Motion To Move As Amended <br /> Explanation: This will allow common victuals in Motion Carries Unanimous 8:20 p.m. <br /> Mashpee licensed to sell wine and malt beverages Article 11:To see if the Town will vote to amend Sec- <br /> under MGL 138, Section 12,to also sell Liqueurs and non 1 of Chapter 172 of the Mashpee Code to read: <br /> Cordials, subject to approval by the Local Licensing <br /> Board. The purpose of this Chapter is to protect the <br /> Recommendation: Finance Committee recommends Wetlands, related water resources and <br /> Mash- <br /> approval. adjoining land areas in the Town of Mash- <br /> a <br /> PP pee by prior review and control of activities <br /> Motion To Accept As Read r deemed by the Conservation Commission <br /> Motion Carries likely to have significant or cumulative <br /> Sent to Secretary of State Unanimous 8:16 p.m. effect upon resource area values, including <br /> Article 10:To see if the Town will vote to amend Sec- but not limited to the following: public or <br /> tion 7 of Chapter 172 of the Mashpee Code by adding private water supply, groundwater, flood <br /> control, erosion and sedimentation control, <br /> the following to 7.A.: storm damage prevention including coastal <br /> (1) Lands within 100 feet of specific resource areas storm flowage, water quality, water pollu- <br /> are presumed important to the protection of these tion control, fisheries, shellfish, wildlife <br /> resources because activities undertaken in close habitat and biodiversity,rare species habitat <br /> proximity to wetlands and other resource areas including rare plant species, recreation, <br /> have a high likelihood of adverse impact upon the agriculture and aquaculture values (collec- <br /> wetland or other resource area, either immediate- tively"the wetland values protected by this <br /> ly, as a consequence of construction, or over time, chapter".) This Chapter is intended to uti- <br /> as a consequence of daily operation or existence lize the Home Rule authority of this munic- <br /> _ of activities. These adverse impacts from con- ipality to protect additional resource areas, <br /> struction and use can include, without limitation, for additional values, with additional stan- <br /> erosion, siltation, loss of groundwater recharge, dards and procedures stricter than those of <br /> poor water quality, and loss of wildlife habitat. the Wetlands Protection Act, G.L. Chapter <br /> The Commission, therefore, may require that the 131, Section 40 and Regulations thereun- <br /> applicant maintain a [continuous] naturally vege- der, 310 CMR 10.00, or take any other <br /> tated buffer strip(NUBS)within the 100-foot area action relating thereto. <br /> from any resource area.(This requirement will not Submitted by the Conservation Commissioi; <br /> preclude access pathways through said NVBS, as <br /> determined by regulations for this Chapter) that: Explanation: This is corrective language to insert the <br /> (a) the NVBS (or part of it) may be disturbed word"control"after the phrase "water pollution."The <br /> and/or diminished without harm to the values pro- word was inadvertently omitted from the bylaw when, <br /> tected by this Chapter, and (2) that reducing the originally written. The Section also includes, the sec- <br /> scope of work/alteration is not possible. and sentence, new language recommended by the <br /> Massachusetts Association of Conservation Commis- <br /> or take any other action relating thereto. <br /> 74 <br /> F -- <br />