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TOWN OF MASHPEE
<br /> BY-LAW '
<br /> ARTICLE 64. To see if the Town will vote to approve and adopt the
<br /> following by-laws . '
<br /> 1 , The purpose of this by-law is to protect the foreshores and wet-
<br /> lands of the Town of Mashpee by controlling activities deemed to have
<br /> a significant effect upon wetland values , including but not limited
<br /> to the following: public or private water supply, ground water,
<br /> flood control, storm damage , water pollution, fisheries , shellfish,
<br /> wildlife , recreational and esthetics . NoAperson shall remove , fill,
<br /> dredge , or alter any bank, beach, dune , flat , marsh , meadow or swamp
<br /> bordering on the ocean or any estuary, creek, river, stream, pond
<br /> or lake , or any land under said waters or any land subject to tidal
<br /> action, coastal storm flowage , or flooding , without first filing
<br /> written notice of his intention so to remove , fill, dredge or alter p "
<br /> by sending a separate letter, by certified mail, to Mashpee Con-
<br /> servation Commission at least sixty (60) days prior to any removing,
<br /> filling, dredging or altering. Such notice of intention shall
<br /> include such plans as may be necessary to describe such proposed 1
<br /> activity and its effect on the environment . The same plans and
<br /> specifications required to be filed by an applicant under Mass-
<br /> achusetts General Laws , Chapter 131 , Section 4.0 will be accepted
<br /> as fulfilling the requirements of this by-law. The said Commission,
<br /> in its discretion, may hear any oral presentation under this by-law
<br /> at the same public hearing required to be held under the provisions
<br /> of said Chapter 131 , Section 40 of Massachusetts General Laws .
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<br /> 2. The term "person" as used in this by-law shall include any
<br /> individual, group of individuals , association, partnership, cor-
<br /> poration, company, business organization, trust estate , the
<br /> Commonwealth or political sub-division thereof, administrative
<br /> agency, public or quasi-public corporation or body, or any other
<br /> legal entity or its legal - representatives , agents or assigns .
<br /> 3. The Commission may take a determination as to whether or not
<br /> this by-law applies to a specific situation prior to the filing
<br /> of a written notice of intent under the provisions hereof, upon
<br /> receipt of a written request from any person desiring such determin-
<br /> ation. The Commission, its agent , officers and employees , may
<br /> enter upon the land upon which. the proposed work is to be done in
<br /> response to a request for a prior determination or for the purpose
<br /> of carrying out its duties under this by-law and may make or cause
<br /> to be made such examination or survey as deemed necessary.
<br /> 4. The Conservation Commission is empowered to deny permission
<br /> for any dredging, filling, or altering of subject lands within
<br /> the town, if, in its judgement such denial is necessary to preserve
<br /> environmental quality of either or both the subject lands and
<br /> contiguous lands . Due consideration shall be given to possible
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