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rally vegetated buffer strip (NVBS) within the afore- erwise, for conservation purposes certain parcels of
<br /> said 100 foot(or 200 feet for rivers) area with the aim land, being that land shown on the 1995 Mashpee
<br /> of minimizing adverse impacts to resource areas and Assessors' Maps as Map 28, Block 68, containing 3.6
<br /> the wetland values of Chapter 172. (This requirement acres more or less located near the northeast corner of
<br /> will not preclude access pathways through said the intersection of Main Street(Route 130) and South
<br /> NVBS,as determined by regulations for this Chapter.) Sandwich Road, and Map 36, Block 38, containing
<br /> Said NVBS shall be a minimum of 50 feet in width 2.2 acres, more or less, generally located east of
<br /> unless the applicant convinces the Commission(as per Goodspeeds Meetinghouse Road, north of Noisy Hole Mia
<br /> the provisions of Section 12 of this Chapter) that: (1) Road and south of Main Street(Route 130),to be held 7.
<br /> the NVBS (or part of it) may be disturbed and/or in the care and custody of the Conservation ,_T
<br /> diminished without harm to the values protected by Commission pursuant to Massachusetts General Laws
<br /> this Chapter, or (2) that reducing the scope of Chapter 40,Section 8C;and further,to see if the Town
<br /> work/alteration is not possible. will vote to raise and appropriate or transfer from
<br /> Notwithstanding the above, in the case of areas with- available funds $32,000 for such purpose, including
<br /> in 200 feet of rivers, no permit issued hereunder shall expenses incidental and related thereto, and to raise =
<br /> permit any activities unless the applicant, in addition such appropriation,the Treasurer,with the approval of
<br /> to meeting the otherwise applicable requirements of the Selectmen, be authorized to borrow $32,000 or
<br /> any other sum under and pursuant to Chapter 44
<br /> this Chapter, has proved by a preponderance of credi-
<br /> ble evidence that: (1) there is no practicable altema- Sections 7 and 8C and, if applicable, Chapter 40,
<br /> tive to the proposed project with less adverse effects, Section 8C, of the General Laws, or any other j
<br /> and,as well, should there be no such practicable alter- enabling authority, and to issue bonds or notes of the
<br /> native, that (2) such activities, including proposed Town therefor; and further, to see if the Town will
<br /> vote to raise and appropriate or transfer from available
<br /> mitigation measures, will have no significant adverse
<br /> impact on the areas or values protected by this bylaw. funds $500 or any other sum to the Issuance of Debt
<br /> The Commission shall regard as practicable an alter- Account; and further,to see if the Town will authorize
<br /> native which is reasonably available and capable of the Board of Selectmen and/or Conservation
<br /> being done after taking into consideration the pro- Commission to apply for and accept Federal and/or
<br /> posed property use,overall project purposes,logistics, State grants, including reimbursement under Chapter
<br /> p p p y p p g 132A, Section 11 of the General Laws, the Self-Help
<br /> existing technology, costs of the alternatives, and Act,"to be applied by the Town toward the financing
<br /> overall project costs." of this purchase, and to enter into contracts or agree-
<br /> Submitted by the Conservation Commission ments with Federal and/or State agencies,private con- 1
<br /> Explanation: In 1996, the legislature, amended the servation trusts or other entities or persons in connec-
<br /> Massachusetts Wetlands Protection Act by adopting tion with the purchase of such land and its preserva-
<br /> the Rivers Protection Act and incorporating its provi- tion for conservation purposes; and finally, to see if
<br /> sions into the Wetlands Protection Act. Under the Town will authorize the Conservation
<br /> Massachusetts law, local bylaws can be no less strict Commission and the Board of Selectmen to enter into
<br /> than State law. This bylaw change brings Chapter 172 agreements and execute any and all instruments as
<br /> into consonance with the Massachusetts Wetlands may be necessary on behalf of the Town to effectuate
<br /> Protection Act by extending jurisdiction to 200 feet said acquisition.
<br /> from rivers and adding other language recommended Submitted by the Conservation Commission
<br /> by legal advisors to the Massachusetts Association of Explanation: The Town has been offered two parcels
<br /> Conservation Commissions. Otherwise, it is nearly of land, consisting of active and abandoned cranberry
<br /> identical to the version voted on at a previous Town bogs and adjacent uplands, near the corner of Route
<br /> meeting except for being more specific in a listing of 130 and South Sandwich Road. These properties 1)
<br /> wetland resource areas and for correcting typographi-
<br /> cal errors in the previous version. provide valuable wetland and vernal pool habitat for
<br /> threatened amphibian species, 2) are a key link in a
<br /> Motion made by Harry Desrosiers. proposed "Cross-Cape Trail" corridor extending from
<br /> Motion: I move the Town vote to amend Section 7 Sandy Neck to the Lowell Holly Reservation to the
<br /> of Chapter 172 of the Mashpee Code as printed in
<br /> Mashpee River Corridor to South Cape Beach, 3)pro-
<br /> the warrant except for the phrase "or take any
<br /> vide access to existing conservation land east of South
<br /> Sandwich Road and connect that land to Town lands
<br /> other action relating thereto".
<br /> south of Route 130, 4) eliminate one potential resi-
<br /> Motion passes 8:52 p.m. dential septic system and its nitrogen contribution to
<br /> Article 35: To see if the Town will vote to authorize the Mashpee River and 5) offer the possibility of ?w
<br /> the Board of Selectmen to acquire,by purchase or oth- income to the Town through lease of the active cran-
<br /> berry bog. This purchase could qualify for 52%fund- ,r
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