05/01/2023 ANNUAL TOWN MEETING - Laserfiche WebLink

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Article 27 To see if the Town will vote to amend General Bylaw, Chapter 170, Use of Waterways, by adding the following section prohibiting the use of any engine or motor in excess of 10 horsepower and regulating speed to "headway speed" on Santuit Pond: Ch. 170 § 19: Santuit Pond Prohibited Uses A. Purpose. This regulation is intended to limit the disturbance and resuspension of phosphorous laden sediment into the water column resulting from deep mixing caused by motorized boats on Santuit Pond, to protect and preserve water quality of the Pond, prevent shoreline erosion, and limit noise pollution. B. The operation and use of any engine or motor greater than 10 horsepower in or upon the waters of Santuit Pond is prohibited. Further, no powered recreational vessel shall operate at speeds greater than "headway speed". The operation of vessels owned or authorized by an agency of the United States Government, Tribal Government, or by a State, County, City, or Town is excluded from the application of this section. Each violation hereof shall subject the vessel operator/owner responsible therefor to a penalty of not more than $300.00. C. "Headway Speed" shall be defined as the minimum speed at which a vessel may be operated to maintain safe steerage, but not to exceed six miles per hour. D. Abutter compliance - All "direct abutters" to Santuit Pond will be allowed a 1-year grace period for compliance with this regulation commencing with approval hereof by the Attorney General, Office of Fishing Boating Access, and the Massachusetts Environmental Police. For purposes of this section a "direct abutter" shall be defined as any resident or homeowner residing at or owning property within 300 feet of Santuit Pond. Said resident or homeowner shall receive a pass from the Department of Natural Resources' Harbormaster Division to operate outside of the above restrictions during the 1-year period after regulatory approval hereof. Submitted by the Department of Natural Resources Explanation: Santuit Pond's depth is under I I feet throughout, with an average depth of only 6.5 feet. Due to its shallowness and elevated phosphorus levels, the Pond cannot support the use of motors of more than 10 horsepower. Through the Municipal Vulnerability Preparedness Program and the completion of a Watershed Management Plan, our consultants from Fuss & O'Neil and The Southeast New England Partnership Program recommend this horsepower restriction for Santuit Pond to improve water quality and reduce shoreline erosion. This is one important change necessary for the Pond's long-term health. The Select Board recommends approval of Article 27 by a vote of 5-0 The Finance Committee recommends approval of Article 27 by a vote of 7-0 Motion made by Select Board Member Weeden Motion: I move the Town vote to approve Article 27 as printed in the warrant. Motion passes at 8:21 PM