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§107-7.Enforcement Authority Without any real cost to taxpayers,this Bylaw adopts common-sense"best management practices"to reduce The enforcement authority for Performance Standards nitrogen from lawn fertilizers from getting into our 4(a-c)shall be the Agents of the Board of Health or his bays, ponds, streams and groundwater, while also or her designees. Enforcement of the provisions in allowing us to have attractive,green lawns. The Cape Section 4(d) shall be the Agents of the Conservation Cod Commission has estimated that if Mashpee can Commission or his or her designees. reduce the nitrogen getting to our estuaries from lawn fertilizers by just fifty percent, the Town of Mashpee The fine for the first offense shall be no greater than could save up to $40 million in wastewater $150. A warning in lieu of a fine or other enforcement infrastructure costs - which could mean nearly 1,000 action for the first offense can be issued at the fewer homes would need to be sewered. discretion of the enforcement authority. The fine for a second offense shall be $250. The fine for each The Bylaw,similar to Bylaws passed overwhelmingly subsequent offense shall be$300. in Falmouth and Orleans,is designed to do just that: clean water and fewer burdens on taxpayers and §107-8.Severability Clause property owners. Should any Section,part or provision of this by-law be The Board of Selectmen recommends approval by a deemed invalid or unconstitutional,such decision shall vote of 5-0. not affect the validity of the remaining terms of this by- law as a whole or any part thereof, other than the The Finance Committee recommends approval by Section, part or provision held invalid or a vote of 5-1,1 absent. unconstitutional. Motion made by Selectman Carol Sherman. or take any other action relating thereto. Motion: I move the Town vote to approve Article Submitted by the Board of Selectmen 13 as printed in the Warrant,with the exception of & the Environmental Oversight Committee the phrase"or take any other action relating thereto." Explanation: Excess nitrogen is degrading Popponesset and Waquoit Bays,both of which are vital Motion made and passed to dispense with reading to our economy. The principle cause are septic systems of article at 7:30 PM. and cesspools,but the second leading cause of excess nitrogen is lawn fertilizers. Lawn fertilizers are also a Motion made to indefinitely postpone article is leading cause of pollution of our valuable ponds and defeated at 7:53 PM. streams. Motion passes at 7:55 PM. To protect taxpayers and property owners from the potentially huge expense of a court-mandated sewer Article 14 infrastructure program, the Town of Mashpee has developed a range of strategies to protect our To see if the Town will vote to amend the Zoning environment and demonstrate that we can deal with this Bylaw as follows: problem ourselves—including the expansion of Amend Section 174-24C.3. by adding a new second shellfish harvesting in the Town estuaries, better sentence reading as follows: "In addition, the management of stormwater runoff,and development of application shall indicate any portions of the site which the Watershed Nitrogen Management Plan. The lie within the areas mapped as High Sensitivity or Nitrogen Control Bylaw, sponsored by the Board of Selectmen and the Environmental Oversight Moderate Sensitivity on the maps of Pre-Contact and Committee, is the next step to improve water quality Post-Contact Archaeological Sensitivity included in the and reduce the potential burden on taxpayers and Final Technical Report of the Archaeological Reconnaissance Survey prepared for the Town of property owners. Mashpee by The Public Archaeological Laboratory, Inc.and dated December 2011" 74