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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 notthe intersection of Main Street(Route 130) and South
<br /> preclude access pathways through said
<br /> NVBS, as determined by regulations for this Chapter.) Sandwich Road, and Map 36, Block 38, containing
<br /> t
<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
<br /> the provisions of Section 12 of this Chapter) that: (1) Road and south of Main Street(Route 130),to be held
<br /> the NVBS (or part of it) may be disturbed and/or in the care and custody of the Conservation
<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 /> will vote to raise and appropriate or transfer from
<br /> work alteration is not possible.
<br /> available funds $32,000 for such purpose, including
<br /> expenses incidental and related thereto, and to raise
<br /> Notwithstanding the above, in the case of areas with
<br /> in 200 feet of rivers, no permit issued hereunder shall such appropriation,the Treasurer,with the approval of
<br /> permit any activities unless the applicant, in addition the Selectmen, be authorized to borrow $32,000 or
<br /> to meeting the otherwise applicable requirements of any other sum under and pursuant to Chapter 44,
<br /> this Chapter, has proved by a preponderance of credi- Sections 7 and 8C and, if applicable, Chapter 40,
<br /> ble evidence that: (1) there is no practicable alterna- Section 8C, of the General Laws, or any other
<br /> tive to the proposed project with less adverse effects, enabling authority, and to issue bonds or notes of the
<br /> and,as well, should there be no such practicable alter- Town therefor; and further, to see if the Town will
<br /> native, that (2) such activities, including proposed vote to raise and appropriate or transfer from available
<br /> mitigation measures, will have no significant adverse funds $500 or any other sum to the Issuance of Debt
<br /> impact on the areas or values protected by this bylaw. Account; and further,to see if the Town will authorize
<br /> The Commission shall regard as practicable an alter- the Board of Selectmen and/or Conservation
<br /> native which is reasonably available and capable of Commission to apply for and accept Federal and/or
<br /> being done after taking into consideration the pro- State grants, including reimbursement under Chapter
<br /> posed property use,overall project purposes,logistics, 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
<br /> servation trusts or other entities or persons in connec-
<br /> !' Explanation: In 1996, the legislature, amended the tion with the purchase of such land and its preserva-
<br /> Massachusetts Wetlands Protection Act by adopting tion for conservation purposes; and finally, to see if
<br /> the Rivers Protection Act and incorporating its provi- the Town will authorize the Conservation
<br /> Commission and the Board of Selectmen to enter into
<br /> sions into the Wetlands Protection Act. Under
<br /> Massachusetts law, local bylaws can be no less strict
<br /> agreements and execute any and all instruments as
<br /> 3; than State law. This bylaw change brings Chapter 172 may be necessary on behalf of the Town to effectuate
<br /> into consonance with the Massachusetts Wetlands said acquisition.
<br /> Protection Act by extending jurisdiction to 200 feet
<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 /> j' Conservation Commissions. Otherwise, it is nearly of land, consisting of active and abandoned cranberry
<br /> j 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
<br /> 130 and South Sandwich Road. These properties 1
<br /> wetland resource areas and for correcting typographi- provide valuable wetland and vernal pool habitat for
<br /> cal errors in the previous version. threatened amphibian species, 2) are a key link in a
<br /> Motion made by Harry Desrosiers. proposed "Cross-Cape Trail" corridor extending from
<br /> Sandy Neck to the Lowell Holly Reservation to the
<br /> Motion: I move the Town vote to amend Section 7 Mashpee River Corridor to South Cape Beach,3)pro
<br /> of Chapter 172 of the Mashpee Code as printed in vide access to existing conservation land east of South
<br /> the warrant except for the phrase "or take any Sandwich Road and connect that land to Town lands
<br /> other action relating thereto". 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 /> the Mashpee River and 5) offer the possibility of
<br /> Article 35: To see if the Town will vote to authorize income to the Town through lease of the active crap-
<br /> the Board of Selectmen to acquire,by purchase or oth- berry bog. This purchase could qualify for 52%fund
<br /> 70
<br /> ohm,
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