1995-Annual Town Report - Laserfiche WebLink

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I - - M sions-language intended to enable the Bylaw (Chapter terms and conditions as the Board of Selectmen may 172) to better withstand legal challenge. determine, which may include restrictions on the Recommendation: Finance Committee recommends future use of said lands,the lands to be acquired by the approval. Town being described in paragraph 15 of the agree- ment entitled "Amended Agreement" between the Motion To Accept As Printed Town and DEM, dated July 15, 1981, consisting of Motion Carries Unanimous 8:21 p.m. approximately 30 acres as shown on the map attached Article 12: To see if the Town will vote to amend the to said Amended Agreement as Exhibit B and the Mashpee Code Chapter 174, the Zoning By-law, Sec- lands to be conveyed by the Town being described in tion 174-24 page 17427 to correct the title of the paragraph 14 of said Amended Agreement as "all Waterways Commission as follows: municipally owned lands within the proposed bound- aries of the [South Cape Beach State] Park, "including In the third line, change the words "Water- the existing Town beach and a portion of Great Oak ways Committee" to "Waterways Commis- Road and other parcels within said Park;to transfer the sion." care, custody, management and control of said Town- or take any other action relating thereto. owned lands to the Board of Selectmen to petition the General Court of the Commonwealth for such Submitted by the Waterways Commission approvals as may be needed for such exchange pur- Explanation: This change is needed to make the sec- suant to Article 97 of the Amendments to the Massa- tion conform to the title contained in Article XIII of chusetts Constitution, or take any other action relating the Mashpee Code. thereto, Recommendation: Finance Committee recommends Submitted by the Board of Selectmen approval. Explanation: This article seeks to exercise the Towns option negotiated with the Commonwealth of Massa- Motion To Indefinitely Postponed Unanimous 8:22 p.m. chusetts for the transfer of the new South Cape State Beach to the control of the ownership of the Town and Article 13: To see if the Town will vote to amend the the transfer of the current South Cape Town Beach to Mashpee Code Chapter 174, the Zoning By-law, Sec- the State. tion 174-25 page 17438 to correct the title of the Waterways Commission as follows: Recommendation: Finance Committee recommends approval. Change the words, "Inland and Coastal Waterways" to "Waterways Commission." Motion To Accept As Printed Motion Defeated (Y-141) (N-108) 9:03 p.m. or take any other action relating thereto. Article 15: To see if the Town will vote to transfer the Submitted by the Waterways Commission care, custody and control of the Asher's Path Sanitary Explanation: This change is needed to make the sec- Landfill property owned by the Town, to the Board of tion conform to the title contained in Article XIII of Selectmen for the purpose of placing a deed restriction on the property and further to authorize the Board of the Mashpee Code. Selectmen to place said deed restriction on the proper- Recommendation: Finance Committee recommends ty restricting any further uses of the property to active approval. or passive recreation as stipulated by the provisions of Motion To Indefinitely Postponed M.G.L.C. 111, Section 150A and the regulations at Unanimous 8:22 p.m. 310 CMR 19.141 and 815 CMR 2.00 Landfill Capping Grant Program and upon such terms and conditions as Article 14: To see if the Town will vote to authorize the Board of Selectmen shall determine to be appro- the Board of Selectmen to exercise the option held by priate. the Town as set forth in paragraph 3 of the agreement entitled"South Cape Beach Development Agreement" Submitted by the Board of Health between the Town, acting through its Board of Select- and Board of Selectmen men, and the Commonwealth of Massachusetts acting Explanation: These changes in the by-laws are need- by and through its Department of Environmental Man- ed to bring Chapter 170 of the Mashpee Code up to agement ("DEM"), dated December 27, 1990, to date and to conform to the Commonwealth of Massa- acquire certain lands of the Commonwealth and in chusetts Laws Chapter 90B, Boats and Vessels; Chap- consideration therefor to convey to the Common- ter 91 Waterways; Chapter 102, Harbormasters; and wealth certain lands of the Town, as such exchange is Chapter 131 §45 Great Ponds; public use; rules and I further described in Chapter 287 of the Acts of 1982; regulations. to authorize such acquisition and conveyance, on such 75