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The Board of Selectmen recommends approval by Motion: I move Article 9 be voted as printed in the a vote of 5-0. warrant,with the exception of the phrase,"or take any other action relating thereto". The Finance Committee recommends approval by a vote of 6-0. Motion passes unanimously at 7:33 PM. Motion made by Selectman John Cahalane. Article 10 Motion: I move the Town vote to amend Chapter 104 To see if the Town will vote to approve the following of the General Code by changing the word "ordi- amendments to the Chapter 172-5(A)(2) of the nance"to"bylaw"wherever it appears in Chapter 104. Mashpee Wetlands By-law: Motion passes unanimously at 7:31 PM. Delete §172-5(A)(2),which provides: Article 9 "Any person filing an Administrative Review-Level 2 application with the Commission shall, after being To see if the Town will vote to approve the following given written notice by the Commission of the time amendments to the Chapter 172, the Mashpee and date of the required hearing,and in addition to the Wetlands By-law,as follows: requirements of Subsection A(1) above, notify all immediate abutters (those abutters whose property Delete §172-4 (13)(2), which provides: "An physically adjoins the property of the applicant) of Administrative Review- Level 2 application, includ- said hearing. Said notice shall be by certified mail, ing a request for determination of applicability (Form return receipt requested, and shall be received by said 1 of 310 CMR 10.00) and a form as required by the abutters no less than five (5) days prior to the date of rules and regulations of the Commission, [Such form the hearing. Said notice shall be in a form prescribed will require,by Massachusetts regulations, 310 CMR by the Commission,shall specify the time and date of 10.05(3)(b)(1), notice in a local newspaper of the said hearing, shall describe the proposed activity and required hearing and abutter notification as prescribed the location thereof and shall state where the applica- in§172-5A of the Mashpee Code]",in its entirety,and tion and plans may be examined by interested parties. recodify current §172-4(B)(3) as §172-4(B)(2), The Commission and/or its agent, at its discretion, may require the applicant to notify(in the same afore- or take any other action relating thereto. mentioned manner) additional property owners, to include all property owners within one hundred(100) Submitted by the Conservation Commission feet of the boundary of the property on which the work is proposed, according to the most recent records of Explanation: There is currently no Administrative the Assessors,including those property owners across Review Level 2 in the Conservation Department's a way or a body of water and in another municipality. permitting procedures, thus this section no longer If such additional notification is deemed necessary by applies.The department only reviews permits under a the Commission, notice of such shall be provided to Determination of Applicability (Form 1 of 310 CMR the applicant with the written notice of the time and 10.99 Level 1) or a Notice of Intent (Form 3 310 date of the hearing for said request for determination CMR). of applicability.", and recodify current §172-5(A)(3) as §172-5(A)(2), The Board of Selectmen recommends approval by a vote of 5-0. or take any other action relating thereto. The Finance Committee recommends approval by Submitted by the Conservation Commission a vote of 6-0. Explanation: There is currently no Administrative Motion made by Selectman Thomas O'Hara. Review Level 2 in the Conservation Department's permitting procedures, thus this section no longer 78