1986-1999-ZONING BY-LAWS - Laserfiche WebLink

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i Town's South Cape Beach to the State and to accept discharge into, or otherwise alter the following ownership and control of the State's new South Cape resource areas: any freshwater or coastal wetlands; State Beach. marshes; wet meadows; bogs; swamps; vernal pools; banks; lakes; ponds; streams; creeks; beaches; dunes; Motion made by Morris Kirsner. estuaries; the ocean; lands under waterbodies; lands i Motion: I move the Town vote to transfer the care, subject to flooding or inundation by ground water or custody, management, and control of the land surface water; lands subject to tidal action, coastal _ described in Article 31 to the Selectmen for con- storm flowage, or flooding; lands within 100 feet of veyance to the Commonwealth of Massachusetts as any of the aforesaid resource areas; rivers; and lands , printed in the warrant except for the phrase "or within 200 feet of rivers (collectively the "resource take any other action relating thereto'. areas protected by this bylaw"). Said resources shall Move to indefinitely postpone passes 8:45 p.m. be protected whether or not they border surface waters. Article 32: To see if the Town will vote to authorize Submitted by the Conservation Commission and empower the Board of Selectmen to prepare a plan laying out and defining Algonquin Avenue and to Explanation: In 1996, the legislature, amended the accomplish said purpose and for expenses incidental Massachusetts Wetlands Protection Act by adopting ` and related thereto, the Town vote to raise and appro- the Rivers Protection Act and incorporating its provi- priate or transfer from available funds for appropria- sions into the Wetlands Protection Act. Under tion the sum of $5,000 to the Algonquin Avenue Massachusetts law, local bylaws can be no less strict Account and to raise said appropriation the Treasurer than State law. This bylaw change brings Chapter 172 with the approval of the Board of Selectmen be autho- into consonance with the Massachusetts Wetlands rized to borrow at one time, or from time to time, the Protection Act by extending jurisdiction to 200 feet sum of $5,000 under and pursuant to Chapter 44, from rivers. Section 7 or 8 or any other enabling authority and to The only other differences are the inclusion of vernal / issue bonds and notes of the Town therefore, and fur- pools as a protected resource area, and the addition of they,to see if the Town will vote to raise and appro- the last sentence. The same provisions are in existing priate or transfer from available funds a sum of money versions of Chapter 172 regulations. Based upon rec- to the Algonquin Avenue Account to provide interest ommendations from legal advisors for the and debt issuance expenses. Massachusetts Association of Conservation Submitted by the Board of Selectmen Commissions, these provisions have been moved Explanation: This Article is placed on the warrant by from the regulations to the bylaw language itself. I the recommendation of the Department of Public Motion made by Harry Desrosier. Works and the approval of the Board of Selectmen as Motion: I move the Town vote to amend Section 2 provided for under Mashpee Code 150-7. of Chapter 172 of the Mashpee Code as printed in Recommendation: Finance Committee recommends the warrant except for the phrase "or take any approval. other action relating thereto'. j Recommendation: Planning Board recommends Motion passes 8:51 p.m. approval. Article 34: To see if the Town will vote to amend I Motion made by Peter Dinizio. Section 7 of Chapter 172 of the Mashpee Code by Motion:. I move the Town vote to authorize and adding the following to 7.A.: E I empower the Board of Selectmen to prepare a plan "(1) Lands within 100 feet of specific resource areas, laying out and defining Algonquin Avenue and for and lands within 200 feet of rivers, are presumed said purpose the Town vote to raise and appropri- important to the protection of these resources because ate$5,000 to the Alqonquin Avenue Account. activities undertaken in close proximity to wetlands, Motion passes 8:50 p.m. rivers, streams, lakes, ponds, creeks, estuaries, the ocean and/or other resource areas have a high likeli Article 33: To see if the Town will vote to amend hood of adverse impact upon them, either immediate- Section 2 of Chapter 172 by substituting the following ly, as a consequence of construction, or over time, as a for the existing Section 2: consequence of daily operation or existence of activi- ties. These adverse impacts from construction and use can include, without limitation, erosion, siltation, loss a Except as permitted by the Conservation Commission of groundwater recharge, poor water quality, and loss or as provided in this bylaw, no person shall com- of wildlife habitat. The Commission therefore may tuence to remove, fill, dredge, build upon, degrade, require that the applicant maintain a continuous natu- 69 �;