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Mr. Fudala explained that the developer offered to the Town a 1,000 square foot lawn as mitigation for the <br /> nitrogen impact by reducing use of fertilizer. Mr. Fudala expressed concern about losing the mitigation <br /> measure-but noted the difficulty of enforcing the reduced lawn size. Mr. Balzarini questioned if more than one <br /> homeowner currently has more than a 1,000 square fawn area and Mr. Lima confirmed that owners want more <br /> lawn space. <br /> Mr. Petersen questioned the sampling and it was noted that the information was included in the Special Permit <br /> Decision. Board members discussed the need for monitoring and the development's proXW* ty to the dump and <br /> lagoon. Mr. Fudala confirmed that it was a significant issue at the time, adding that the open space was used for <br /> onmc on materials from a condominium. Mr. Petersen qu oned whethcr the well were located on town <br /> property and Mr. Fudala responded that he believed that they were and that all common areas are now town <br /> owned land_ Board members discussed the s iMestion that the Town m ` s a lawn on town property but <br /> Mr. Fudala responded that the shoulders are maintained as part of the road layout. Mr. Petersen also questioned <br /> ownership of the agreed to well monitoring program and Mr. Fudala confirmed that, with the special permit, <br /> responsibility is passed to the property owners_ Mr. Fudala reiterated that monitoring was no longer valuable at <br /> this point and Mr. P. agreed. <br /> Mr. Kooharian questioned whether the developer built the ov lawns or if homeowners expanded their <br /> lawns, and if so, whether they were aware of the size restriction- Mr. Lima confirmed that the homeowners <br /> expanded their lawns and he was unsure of whether or-not homeowners were-aware of'the restriction. Mr. <br /> udala noted that each property was supposed to have-a deed restriction of 1,000 ware feet. Mr. Lima <br /> responded that.the homeowners association changed the restriction to- ,CM square feet and mended the <br /> covenants. fir. Petersen clarified that the homeowners did not change their deeds. when asked,Mr. Lima <br /> reported that there are 67 lots and that 2 had expanded their lawns in the back and on the side. It was <br /> clarified that when the homes were initially built, a small patch of lawn was created.in the front. Mr. Fudala <br /> confirmed that-the developer chose the most affordable means to mitigate nitrogen inputs by limiting the lawn. <br /> Board members questioned whether the practices and bylaw were still-on the books and Mr. Fudala responded <br /> that there.have been no new subdivisions and that the water quality bylaw is still in use. Mr. Petersen <br /> questioned what the replacement would be ifthel,o o square foot raWemetrt was waived. Mr. Luna indicated <br /> their preference to change it to 5,000 square feet as it exists in the Asseciation's bylaws. <br /> The Chair asked for public comment. Richard Heinrick of 7 Butler Lane referenced the.circumstances <br /> surrounding the eminent domain, noting that responsibility for well monitoring was then removed from the <br /> Association. Mr. Hdnrick provided a copy of the e ent do ry proceedings to the Chair. Mr. Heinnock <br /> referenced the original contract regarding responsibility that includes homeowners, heirs, associations or similar <br /> organizations. Mr. Helmick stated that when t at-,sferred by eminew do the responsibility for the wells <br /> also transferred to Mashpee. Mr. Fudala questioned the'Town t ldn anything more than the roads, besides <br /> having taken the open space property due to nonpayment of taxes. Mr. Fudala confirmed that Mr. einrick's <br /> document concerned the Ton's road taking. <br /> The Chair stated her concern about the lawns during a time when water quafity management and nutrient inputs <br /> have become a major issue on Cape Cod. Mr_ Heinrick reported that the developer jumped through hoops in <br /> order to obtain permits, noting that he donated 40- 0 acres to Co `on. Mr. Fudala clarified that the <br /> development was a cluster subdivision with privately held open space ments until the land was taken <br /> because the developer did not pay taxes. Mr. Heinurick suggested that he snows the Town's-land in front of his <br /> home that is over 1,000 square The Chair questioned the Town's use of fertilizer and Mr. Fudala <br /> responded that the Town does not use fertilizer on road shoulders. The Chair questioned requiring the use of <br /> slow release fertiHzer or reduced nitrogen but Mr.Bai rini questioned the ability to monitor fertilizer usage. <br /> John Wilcox, president of the Association, was recognized by the Chair. Mr. Wilcox described the original <br /> properties as having a s l patch of lawn in frord with wood chips in the back and rioted that the lots are ' <br />