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sions-language intended to enable the Bylaw (Chapter terms and conditions as the Board of Selectmen may 172)to better withstand legal challenge. determine, which may include restrictions on the Recommendation: Finance Committee recommends future use of said lands,the lands to be acquired by the Town being described in paragraph 15 of the agree- approval. ment entitled "Amended Agreement" between the Motion To Accept As Printed Town and DEM, dated July 15, 1981, consisting of Motion Carries Unanimous 8:21 p.m. approximately 30 acres as shown on the map attached Article 12: To see if the Town will vote to amend the to said Amended Agreement as Exhibit B and the Mashpee Code Chapter 174, the Zoning By-law, Sec- lands to be conveyed by the Town being described in tion 174-24 page 17427 to correct the title of the paragraph 14 of said Amended Agreement as "all Waterways owned lands within the proposed bound- aries of the[South Cape Beach State] Park,"including In the third line, change the words "Water- the existing Town beach and-a portion of Great Oak ways Committee"to"Waterways Commis- Road and other parcels within said Park;to transfer the sion." care, custody, management and control of said Town- or take any other action relating thereto. owned lands to the Board of Selectmen to petition the r General Court of the Commonwealth for such Submitted by the Waterways Commission approvals as may be needed for such exchange pur- suant to Article 97 of the Amendments to the Massa- Explanation: This change is needed to make the sec- chusetts Constitution, or take any other action relating don conform to the title contained in Article XIII of thereto. the Mashpee Code. Submitted by the Board of Selectmen Recommendation: Finance Committee recommends approval. Explanation: This article seeks to exercise the Towns Motion To Indefinitely Postponed option negotiated with the Commonwealth of Massa- 8:22 chusetts for the transfer of the new South Cape State Unanimous p.m. Beach to the control of the ownership of the Town and Article 13: To see if the Town will vote to amend the the transfer of the current South Cape Town Beach to Mashpee Code Chapter 174, the Zoning By-law,.Sec- the State. tion 174-25 page 17438 to correct the title of the Recommendation: Finance Committee recommends Waterways Commission as follows: approval. Change the words, "Inland and Coastal Motion To Accept As Printed Waterways" to "Waterways Commission." Motion Defeated (Y-141) (N-108) 9:03 p.m. or take any other action relating thereto. Article 15: To see if the Town will vote to transfer the Submitted by the Waterways Commission care,custody and control of the Asher's Path Sanitary Explanation: This change is needed to make the sec- Landfill property owned by the Town, to the Board of Selectmen for the purpose of placing a deed restriction tion conform to the title contained in Article XIII of on the property and further to authorize the Board of the Mashpee Code. Selectmen to place said deed restriction on the proper- • Recommendation: Finance Committee recommends ty restricting any further uses of the property to active approval. or passive recreation as stipulated by the provisions of M.G.L.C. 111, Section 150A and the regulations at Motion To Indefinitely Postponed 310 CMR 19.141 and 815 CMR 2.00 Landfill Capping Unanimous 8:22 p.m. Grant Program and upon such terms and conditions as Article 14: To see if the Town will vote to authorize the Board of Selectmen shall determine to be appro- the Board of Selectmen to exercise the option held by priate. the Town as set forth in paragraph 3 of the agreement Submitted by the Board of Health entitled"South Cape Beach Development Agreement" and Board of Selectmen between the Town, acting through its Board of Select- es in the by-la men,and the Commonwealth of Massachusetts acting Explanation: These changtus are need- by and through its Department of Environmental Man- ed to bring Chapter 170 of the Mashpee Code up to agement ("DEM"), dated December 27, 1990, to date and to conform to the Commonwealth of Massa- acquire certain lands of the Commonwealth and in chusetts Laws Chapter 90B, Boats and Vessels; Chap- consideration therefor to convey to the Common- ter 91 Waterways; Chapter 102, Harbormasters; and wealth certain lands of the Town, as such exchange is Chapter 131 §45 Great Ponds; public use; rules and further described in Chapter 287 of the Acts of 1982; regulations. to authorize such acquisition and conveyance,on such 75