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<br /> Section 4.3.11 Enforcement Begining at the point where the southern shore lines
<br /> The Commission, its agents, officer, and employees of Ashumet Pond intersects the Mashpee/Falmouth
<br /> shall have the authority to enter upon privately owned Town Line;
<br /> land for the purpose of performing their duties under this Thence southeasterly and easterly along the
<br /> bylaw and may make or cause to be made such examina- Mashpee/Falmouth Town Line to the westerly sideline
<br /> tions, surveys or sampling as the Commission deems of Falmouth Road (Route 28):
<br /> necessary. Thence northerly and westerly by the eastern proper- k,
<br /> ty line of the 1987 Mashpee Assessors' Map 87, Plots 4
<br /> The Commission shall have the authority to enforce
<br /> and 5, Map 88,Plot 40 and Map 81, Plot 1 to the souther-
<br /> this bylaw,its regulations,and permits issued thereunder ly line of the New Bedford Gas and Electric Light Com-
<br /> by violation notices,administrative orders,and civil and
<br /> criminal court actions. pany easement where it intersects the western property
<br /> line of Map 81, Plot 6;
<br /> Upon request of the Commission, the Town Thence westerly 1567 feet, more or less,to the easter-
<br /> Counsel/Board of Selectman shall take legal action for ly sideline of existing Whitings Road;
<br /> the enforcement under civil law. Upon request of the Thence northerly by the easterly sideline of existing
<br /> Commission, the Chief of Police shall take legal action Whitings Road to its intersection with the south sideline
<br /> for the enforcement under criminal law. of the Nathan S. Ellis Highway (Route 151).
<br /> Municipal boards and officers, including any police Thence westerly by the southern sideline of the Nathan
<br /> officers or other officer having police powers, shall have S. Ellis Highway(Route 15 1) to its intersection with the
<br /> authority to assist the Commission in enforcement. Childs (Herring) River;
<br /> Any person who violates any provision of this bylaw, Thence northerly along the centerline of the Childs
<br /> regulations thereunder, or permits issued thereunder, River and westerly and northerly along the shore line of
<br /> shall be punished by a fine of not more than $300.00. Johns Pond to its intersection with the northern proper-
<br /> Each day or portion thereof during which a violation con- ty line of Assessors' Map 57, Plot 44A;
<br /> tinues shall constitute a separate offense and each provi- Thence northwesterly along the northern property line
<br /> sion of the bylaw, regulations, or permit violated shall of Assessors' Map 57, Plot 44A a distance of 609 feet,
<br /> constitute a separate offense. more or less to its intersection with the eastern sideline
<br /> of Hoophole Road;
<br /> Section 4.3.12 Burden of Proof Thence west northwesterly in a straight line to the in-
<br /> The applicant for a permit shall have the burden of tersection of the northern property line of Assessors'Map
<br /> proving by a preponderance of credible evidence that the 57, PLot 42 and the shore line of Ashumet Pond;
<br /> work proposed in the application will not have unaccep- Thence westerly along the shore line of Ashumet Pond
<br /> table significant or cumulative effect upon the wetland to the point of beginning the Mashpee/Falmouth Town
<br /> values protected by this bylaw. Failure to provide Line." c
<br /> evidence to the Commission supporting this burden shall and by replacing paragraphs 6,7,8,9,10,11,12,13 and 14
<br /> be sufficient cause for the Commission to deny a permit of subsection 11.B.4.4.5 with the following;
<br /> or grant a permit with conditions. "Thence northerly, easterly and southerly along the
<br /> Section 4.3.13 Relation to the Wetlands Protection Act shoreline of Santuit Pond to the northwestern corner of
<br /> the 1987 Mashpee Assessors' Map 30, Plot 138;
<br /> This bylaw is adopted under the Home Rule Amend- Thence northeasterly along the northern property line
<br /> ment of the Massachusetts Constitution and the Home of Map 30, Plot 138 to the Mashpee-Barnstable Town
<br /> Rule statutes, independent of the Wetlands Protection Line;
<br /> Act, General Laws, Chapter 131, Section 40, and regula- -r.
<br /> Thence northwesterly along the Mashpee-Barnstable
<br /> tions thereunder. Town Line to the intersection of the Mashpee, Barnstan- y'
<br /> Section 4.3.14 Severability ble and Sandwich Town lines;
<br /> Thence westerly along the Mashpee-Sandwich Town
<br /> The invalidity of any section or provision of this bylaw Line to the northwest bound of Plot 5 as shown on the
<br /> shall not invalidate any other section or provision thereof. 1985 Mashpee Assessors' Map 16, Plot 5 and the point
<br /> Motion to accept as amended of beginning."
<br /> Motion carries — 9:14 PM
<br /> Motion to accept as printed
<br /> ARTICLE 19 To see if the Town will vote to amend the Motion carries — Unanimous Vote — 9:15 P.M.
<br /> Zoning By-Law by changing the phrase"April 1987" in Planning Board held hearing — Unanimous approval
<br /> the first sentence of Subsection 11.B.4.1 to read"January
<br /> 1988," and by replacing Subsection 11.B.4.4.1 with the Meeting adjourned — 9:15 P.M.
<br /> following: Transfer — $17,198.88
<br /> N�
<br /> "4.4.1 Including all of the land within the following Revenue Available (free cash) — $51,537.42
<br /> described lines: Submitted by Town Planner
<br /> - 37 - t.
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