10/21/2019 BOARD OF SELECTMEN Agenda Packet

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Explanation: This Article will add a paragraph to the Town of Mashpee bylaw Chapter 170 §6-B prohibiting the use of Personal Watercraft on Ashumet Pond. The Town of Falmouth has a bylaw with similar wording and the Commonwealth of Massachusetts will not enforce the Falmouth bylaw unless Mashpee has a similar bylaw. The Falmouth and Mashpee town line goes through Ashumet Pond with most of the pond in Mashpee. The Board of Selectmen makes no recommendation on Article 29 by a vote of 2-2 The Finance Committee recommends approval of Article 29 by a vote of 5-0 MOTION TO BE MADE BY SELECTMAN SHERMAN: move the Town vote to approve Article 29 as printed in the warrant with the exception of the phrase, "or take any other action relating thereto." Article 30 To see if the Town will vote to add the following words to the Mashpee Town Code Chapter 170, Section 170-21 A: "except as otherwise noted herein", and, further, to replace Chapter 170, Section 9.C, (Regulations) with the following: C. Regulations: 1. The Board of Selectmen, with input from the Harbormaster, shall, after public notice and public hearing, promulgate mooring regulations. Notice shall be given at least two weeks prior to the public hearing by publication in a newspaper of general circulation in the Town and by posting with the Town Clerk and posting in the Harbormaster's office. 2. These regulations shall define key terms and establish procedures for all mooring related activities, including registration of moorings, assignment of mooring space, establishment and maintenance of a waiting list, inspection of moorings, specifications for moorings, identification of moorings and assignment and collection of fees. 3. Failure by the Board of Selectmen to promulgate such regulations or a legal declaration of the invalidity of any such regulations by a court of law shall not act to suspend or invalidate any other provisions of this Bylaw. 4. After public notice and public hearing, the Board of Selectmen may amend or otherwise modify said regulations. Notice shall be given at least two weeks prior to the public hearing by publication in a newspaper of general circulation in the Town and by posting with the Town Clerk and posting at the Harbormaster's office or take any other action relating thereto. Submitted by the Department of Natural Resources Explanation: This article will authorize the Board of Selectmen to promulgate Mooring Regulations under the Mashpee Town Code. The Board of Selectmen recommends approval of Article 30 by a vote of 4-0 The Finance Committee recommends approval of Article 30 by a vote of 5-0 35