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i <br /> quality of either or both the subject lands and contiguous lands.Due con- <br /> sideration shall be given to possible effects of the proposal on all values to <br /> be protected under this by-law and to any demonstrated hardship on the <br /> petitioner by reason of a denial,as brought forth at the public hearing. <br /> Section 5. The Commission may, as an alternative to a denial,impose <br /> such conditions as it deems necessary to contribute to the protection and <br /> preservation of subject lands in accordance with purposes of this by-law. <br /> Any Order of Conditions issued under this by-law shall be subject to the <br /> same constraints and be identical to any such order issued by the Mashpee <br /> Conservation Commission under the provisions of Mass. General Laws, <br /> Chapter 131,Section 40. E <br /> Section 6. The sixty-day notice required by the first paragraph of this <br /> by-law shall not apply to emergency projects necessary for the protection <br /> of the health and safety of the citizens of Mashpee and to be performed by <br /> an administrative agency of the Commonwealth or by the Town. Emer- <br /> gency projects shall mean any projects certified to be an emergency by the j <br /> Commissioner of the Department of Natural Resources and the Conserva- <br /> tion Commission, if this by-law and Massachusetts General Laws,Chapter <br /> 131, Section 40, are both applicable. In no case,shall any filling,dredging <br /> or altering commence prior to any emergency certification nor extend be- j <br /> yond the time necessary to abate the emergency. <br /> Article IV. Removal of Soil,Sand and Gravel and Sand Pits <br /> Section 1. No top soil, sub soil,gravel,sand or other earth may be re- <br /> moved from the Town of Mashpee without first having obtained a permit <br /> from the Selectmen. A permit with conditions imposed where necessary <br /> may be issued for the removal of top soil,sub soil,gravel,sand,and other <br /> earth if the Selectmen, after a public hearing,shall so order,provided that <br /> no such permit shall be granted except upon written application and after <br /> a public hearing of parties interested and consideration of their evidence <br /> by the Selectmen;notice of said hearing being given by publication of the <br /> time and place thereof in a local newspaper not less than two weeks before <br /> i <br /> said hearing, the expense of publication to be borne by the petitioner. <br /> 21 <br /> i <br /> I <br />