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9/16/2010 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes
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9/16/2010 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes
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Mashpee_Meeting Documents
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ENVIRONMENTAL OVERSIGHT COMMITTEE
Meeting Document Type
Minutes
Meeting Date
09/16/2010
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Zero Phosphorus Lawn Fertilizer Bylaw Update <br /> Chairman Cahalane reported that Town Counsel reviewed the Zero Phosphorus Bylaw submitted <br /> by the Friends of Santuit. Town Counsel has stated that the bylaw is acceptable but the Section 6 <br /> requirements to commercial stores to remove phosphorus containing fertilizer from the floor <br /> must be eliminated due to a conflict with issues of constitutionality. However, Mr. Baker found <br /> a case in Wisconsin where a similar bylaw was challenged and eventually ruled legal and <br /> determined that it was not a violation of the commerce clause. Town Counsel has suggested that <br /> Section 6 may cause conflict. Mr. Baker has asked that Town Counsel be consulted with the <br /> new information regarding the case in Wisconsin. If Town Counsel does not support keeping <br /> Section 6, Mr. Baker recommended that signage be required within the store, near the fertilizer, <br /> informing customers of the location of phosphorus containing fertilizer. Similar signage has <br /> been used in Maine and Maryland. Mr. Baker suggested that Section 6 be rewritten to 'include a <br /> signage requirement. The Chair expressed his concern about requiring merchants to do <br /> something that is not required in a neighboring town and expressed support for signage in the <br /> bylaw. The bylaw states that phosphorus fertilizer may not be placed on a lawn without a soil <br /> test. Mr. York supports using signage and Mr. Kooharian suggested using signage and removing <br /> the product from the back room while educating the public. It was recommended that Section 6 <br /> be re-written to incorporate the signage requirement and the entire bylaw be considered for a <br /> vote at the spring town meeting. Mr. York recommended use of the Santuit Pond and estuaries' <br /> algae as fertilizer. Chairman Cahalane noted that the Tribe was seeking a grant to do so. <br /> Blue Book <br /> The Chair stated that many people are seeking the $15,000 in funding, with some avenues for <br /> potential funding stili being considered. The Committee hopes to distribute the document in the <br /> spring. <br /> Mashpee River Restoration <br /> Mr. Baker recommended that the BOS be encouraged to spearhead an effort with the appropriate <br /> group to improve the conditions of the Mashpee River Estuary. Mr. Baker discussed his efforts <br /> to address the issue at the Waterways Commission. The Mashpee River Estuary does not <br /> presently meet the Clean Waters Act. <br /> Combine Water-Sewer <br /> Chairman Cahalane reported that Selectman Richardson has suggested that the issue needs to be <br /> addressed since it affects overall planning. <br /> Grant Applications <br /> To be pursued for the solar powered circulators. <br /> Town-Wide Stormwater Management Plan <br /> Mr. Baker reiterated the need to have one specification for Mashpee roads and Chairman <br /> Cahalane noted that the EOC is on record making the same recommendation. The Chair further <br /> stated that certain areas would have problems with meeting the standards set in the Planning <br /> Board's regulations and could be cost prohibitive. Mr. Baker felt that wording in the document <br /> allowed improvements when practical. <br /> 4 <br />
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