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Motion carries unanimously 9:14 p.m. Motion carries Yes 102 No 51 9:19 P.M. Article 37. To see if the Town will vote to amend Article 39: To see if the Town will vote to amend. Chapter 172 of the Mashpee Code by substituting the Chapter 170 of the Mashpee Code as adopted at Town. following language for subsection A of section 3. Meeting October 1995 as follows: "A. The permit and application required by this 1. Chapter 170 § 170-1 Definitions paragraph Chapter shall not be required for maintain- D Delete the words "and jet Boats". ing, repairing', or replacing, but not sub- or take any other action relating thereto. stantially changing or enlarging,an existing and lawfully located structure or facility Submitted by the Waterways Commission used in the service of the public to provide Article 39 voted to be indefinitely postponed electric,gas,water,telegraph, telephone, or other communication services, provided Article 40: To see if the Town will vote to amend that: Chapter 170 of the Mashpee Code as adopted at Town ! Meeting October 1995 as follows: 1. Written notice, including a complete I description of the work to be done, has 2. Chapter 170 § 170-3(A) - Change the been provided to the commission at least sentence to read "Unless otherwise s one month prior to commencement of Pied, the provisions of this chapter as w the work. as Chapter 90B shall be enforced by Harbormaster and Assistant Harbo 2. The Commission has issued written cer- tification that the work conforms to per- ters, and by police officers empowered: formance standards in regulations patrol the waters of the Town of Mash adopted by the Commission. Said certi- or take any other action relating thereto. fication may include conditions and/or limitations deemed necessary to protect Submitted by the Waterways Co the wetland value of Chapter 172. Article 40 voted to be indefinitely postpon Failure to comply with the provisions of this sec- Article 41: To see if the Town will vote tory tion of Chapter 172 shall be due cause to Chapter 170 of the Mashpee Code as adopted- enforcement as per section 11. Meeting October 1995 as follows: 'Emergency repairs remain permissible pursuant 1. Chapter 170 § 5(B)(a) "Shoreline to section 3.C." "Shoreline" to read "Shoreline' or take any other action relating thereto. where posted as permitted)". or take any other action relating thereto. Submitted by the Conservation Commission Submitted by the Waterways C Motion: Article 37 be voted as printed in the war- j rant,with the exception of the phrase,"or take any Article 41 voted to be indefinitely postpo action relating thereto". Article 42: To see if the Town will.votes Motion carries unanimously 9:15 p.m. Chapter 170 of the Mashpee Code as adop Article 38. To see if the Town will vote.to authorize Meeting October 1995 as follows: the Board of Selectmen to prepare an application to 1. Chapter 170 §14(a) Pertaining the Massachusetts Economic Assistance Coordinating flotation devices, change the Council for designation of the following described "without an approved wearab area,as shown on a map in the Town Clerk's office, as flotation device on board for '! j the East Mashpee Economic Opportunity Area, as as required under Chapter 9013 j shown on Mashpee Assessors Map 54, Block 5, pur- CMR: 2.07 (10), (14), (15)."14' suant to the provisions of Chapter 23A of the General or take any other action relating thereto-. i Laws, and further, to authorize the Selectmen to take such actions as are necessary to make such application Submitted by the WaterwaYs: consistent with the Council's requirements, or take Article 42 voted to be indefinitely any other action relating thereto. Article 43:To see if the Town will votC Submitted by the Board of Selectmen cle XIV (Coastal Resources Manage Motion: Article 38 be voted as printed in the war- of Chapter 5 of the Code of the Tow> " rant,with the exception of the phrase,"or take any its entirety and substitute the follow in L action relating thereto'. a