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Page 14 THE MASHPEE ENTERPRISE e FRIDAY,SEPTEMBER 16,2011
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<br /> Lega
<br /> l N Toofh
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<br /> o� ces . PUBLIC HEARING NOTICE '
<br /> In accordance with Chapter I I t section 31 Df the Massachusetts General Laws a public hearing
<br /> TOWN floe of the Town Clerk or Town Planner at Mashpge or Town Planner at Moshpee Town Hall. Mashpee Town Hall.For those interested,a brief tour will be held at the MashPceheari Town Hall in Conference Room 2,on Wednesday,October 12;2011 at
<br /> b' 4 Town Hall. Submitted by of the Archives building shall immedfatey�follmr. 7;lS p.m.The public hearing will be held to discuss and adopt the following regulation;
<br /> -,W OF - Subr'Md by Mary E.Weygan,Chair A signed origins{and 4 copes of the proposal must
<br /> Mary Elaine Whygan,Chair Mashpee Planning Board be submitted in a sealed envelope
<br /> Maahpee Plarlmirhg Board September 18,23,2011 ape and dearly marked BORM of Heti t
<br /> September 16,23,2011 'Engineering and Designer Services for MashpaeAr-
<br /> chives-Do Not Open'on the front.Proposals will be
<br /> MASHPEE received until Wednesday,Cicober5,2D11at2:00p.m... $pj[CSY THVIINSPEGTIONRF[;tfi -
<br /> ,oW, TOWN TOWN OF MASHPEE
<br /> PLANNING BOARD b"`a Proe co s idler e opened II publicly.Late t1LIULI
<br /> � REQUEST FOR QUALIFICATIONS Proposals�B not bar considered and taxed proposals
<br /> PUBLIC HEARING NOTICE OF •ENGiNEERINGIDESIGN SERVICES will ndt be accepted.Delivery of proposals will be at In accordance with Chapter I I1,Section 31 of the Ma"Whasetta(3eneral Laws W8
<br /> Pursuant to Massachusetts General Lewis,Chapter
<br /> 40A,the Mash Planning Board will hold a l The Town of Mashpee(hereinafter referred to nd the the expense ofthe proposer.Any and all damages that. amendmegt is t0 address the
<br /> Pea Town)is requesting proposals from qualified firma for may occur due to packaging,shipping or timely arrival Prof PmPCa exclusion of H-20 rated SCpIfC(asks from.lheregula-
<br /> has ring uxh Wednesday,October 5,201 1 at 7:40 p.m.at - the completion of engineering and design services, will be the sole responsibility of the proposer. lion.The Board of Health hereby lylBhe3 to adopt the following amendment to Section D Of the
<br /> the Mashi ee Town Hall,f6 Great Neck Road North,to MASHPEE The Town of Mesh exit c '
<br /> review the following zoning article proposed for action including preparation'of bid documents,for specific pea reserves the right to select the �ff Septic System Inspection Regulation Part 1X Section 17.00 as follows:
<br /> at the October 17,2011 Town Meeting;
<br /> PLANNING BOARD improvemanizitotheMashpeeArehives.The fee for the firm or individual it feels is most qualified based onthe
<br /> An article,submitted by the Planning Board,which PUBLIC HEARING NOTICE prged including all expenses required for its completion information submitted,to waive any informality,and
<br /> would amend Section 174-27.1 Dpvebpmert Agree- Pursuarrtto MassachteaUS Ger oral Laws.Chaptar40A, shall be negotiated,but shall not exceed$20,000, to choose a firm or individual determined to be able _
<br /> meats,Subsections B,C,D,F,G,H and 1,based on fhe Mat hWe Planting Board will hold public hearing an Specifications may be obtained beginning September to perform in the best inkMist of the Town.The Town
<br /> recommendations from the Cape Cod Commission, Wacinegday.OdeAer5,2011 st7:25p.m,attht Mashpee 21,2011,at the office of the Town Manager,Mashpee ofMashpee encourages women and minority-owned Septic tanks identified during septic inspections that are rated H-10loading and are more than 30
<br /> .to make the by-law consistent with the Commisalon's Town Hall,16 Great Neck Road North,to consider M Town Hall,18 Great Neck Road,Mashpea,MA 02649, businesses to submit proposals. years of age horn the date of installation shall be replaced .
<br /> recentyamendedDeveklpmentAgreememregula8ons. application by Mashpee Industrial Really,LLC,1436 Monday through Friday,between the hours of8:30A.M. All proposals will be taken under consideration for
<br /> Special Per- calling(508)539.1401 or by a-mail award of contract at a later data.The Town Manager This amendment will tale effect after board approval and coon publication in a newspaper of
<br /> 'The amendments the exception
<br /> of
<br /> revised
<br /> ei minor language fang M gh Road,Hyannis,MA allow fora and 4;30 rrias pa ealli shall award a contradafter interview and selection from general circulation,
<br /> t changes,with the exception of a revised definition of the rill Modigr�8prm o add,as an clawed use,Contractor via bosRmaehperrs.gov.Questions relative to tlnis
<br /> purpose ofa'DevelopmentAgreemam',anew defirtiamh Bay,Section-174.25.G.(14),in a prev(ousy-approved Request kwQualficationsshouldbedirectedinwriting-short listed firms by a recommendation ofthe Planning -
<br /> of'Participadng Parties and a new process for'Minor' industrial/office building at 108 Industrial Drive.The to Ms.Catherine Laurent,Director of Public Works,via and Construction Committee. Per Order Of,
<br /> and'Major'modifications of an approved Development party isidentiiiedoath%MashpaeAssemorsMaps emallatdpw@rrkeshpeema.govor fax at508-539-3894. Joyce M.Mason
<br /> Agreement. � so Map 88,Block 36. A non-mandatory information session shall be held an t,,, Town Manager 111e Mashpee Hoard of Health
<br /> The futl text of"a article may be reviewed In the a Plane may bei reviewed at the offices of the Town Clark Wednesday,September 28.2011 at 2:00 pm at fine ;September 18,2011 Lucy B.Burton,Chair
<br /> . Burton Kaplan,Co-Chair .
<br /> Kalliope.Egloff,Clerk
<br /> Sept.16,2011 .
<br /> "C
<br /> is not a Participating Party,such changes may be authorized by a malorfry,vote of the Board of Selectmen,after review and than wo.percent phosphorous,or compound containing phosphorous,such as phosphate.Lawn fwditw
<br /> Who NhyParSldpatlMaDsvalapmerttAgnamxtti favoralili recommendation by the Planning Board,as well as by the appropriate voteorappmval ofoll_otherpartia to the original that contains marathon mom Pecs.phosphonamayrestored offlM sake loon and may be sold upon
<br /> Oevelopmem agreement. - Presentwon of a deactancyof PtmPMtbm stsmm rid.Thebuslnm AA adwisa mOmran by signsthal soil
<br /> A development may be executed by between the Town,a(lual fikd Applkent and test kilts and fertilizer containing phosphorous if available.
<br /> ' 3. Any Development Agreement may.mntaIn provisions further regulad"its amendment or rescission';
<br /> 1. the Cape Cod Commission;,or B- Efkctive December 2011 a sign retedrg ren the regulations set loth In this an chapter d the efkcts of
<br /> i - In addition to the above amendments,capitalize the term"Development Agreemems)"wherever h appears in Section 174-
<br /> 2.. the Cape Cod Commission and another municipality OF municipalities within which the 27.1; phosphorous on MushPae's rivers,ponds,lakes actions and its trlbunrfes thereof must.be prominemN displayed
<br /> .development is proposed;or - aloha am,other action relating thereto. _ where fertilbens are sold.A business shall be deemed to have compiled with-this regWrvnent by rlispkaying a
<br /> . sign consistent with a temple sign available from the Mashpee Board of Health
<br /> 3. the Cape Cod Commission and another munk pift or municipalities within which the I I - _ Submitted by Planning Board 7.town Can Comparolot d development is proposed and with a state agency or agencies;or - seta commercial Arnviders -
<br /> 4. another municipally or municipalities wards which the devPWpment Is propnsed;or I Fes:The Cape Cod Commission has amended Its regulations(Chapter D)regarding Development Agreements and A. Lawn Cat!Companies andall Commercial Providers of fertilbados end*weed mnti are"Ibltedflam
<br /> promulgated a new model zoning by-law with which MmhpW%current Development Agreemem zoning bylaw(which was using arty Produce contain ins phosphorous.H any tad is deemed to read phosphorous as isndMxted by a
<br /> basecion the Commission'sprevious model byiw)must bebmught ism conformance,aemrdhhgtothe Commisskm,Inorder for tissue,soil,or othertest by a laboratory(or arty sknlir method approved by the Massachusetts Departmem
<br /> S. a municipality or municipalities within which the development Is Proposed and a state agency or the Town to enter into Development Agreements.As the Planning Board,Cape Cod Commission and Mashpee Comment LP are of Agriculture and such test has been performed within the last three
<br /> agencies currently lathe process of preparing a DevekopmentAgreement regarding two proposed new alctiens ofthe Muhpee Commons Years Indicates afahat the kwi of nedvvo by t
<br /> .phosphorus n the soil is Insufficient to support healthy[arfgrowfh rpayt upon paying a fee as detemked by the
<br /> m development,this article has been submitted to allow the Town to continue participation In that process.The amendments � Department of Agriculture,apply for a welwer after paying any Prescribed fee to be Issued bytbe Bard of Hahn
<br /> _l Those parties selected to participate are referred to within this Section as'Partldp primarily
<br /> ating Parties." consist prarily of minor language changes,with the exception of a revised definition of the purpose of a"Devekzpment or other town age ea
<br /> rity as determined by the Surd of Selectmen.This valy rmustbepresetedte a business
<br /> Agreement',a new deftniti n of"Participating Parties"and an entirety new process for"Minor'and"Major'mod flro ificas of an Prof to a business Starr t a fertilizer contHning arty phosphorous. -
<br /> Amend Subsection D.by adding the,phrase'by the Tgxm'to Its tide,by substituting the phrase"Pattidpating P44W for the approved Development Agreement.
<br /> Y phrase"authorized parties"whet,It appears in currentSubsections D.1.and D.2.and by adding the following paragraph after
<br /> the title: The Board of Selacbnen recommends B. When seeding,lawn ore companies should select grasses appropriate for Brie area.such n teseues mood with
<br /> approval by a vote of 5-0. _ rye Grass.,
<br /> ,'Development Agreemenits Involving the Cape Cod Commission shall be negotiated and exeartad in accordance with Section 5 of The Firre to maloe nConmmendatlon at Town Meeting. .
<br /> m Chapter D of the Code of the Application."; Article Ira - t �e for the final cut of the season, shall be mowed no shatter than 2 it+clnes and aB
<br /> Cape Cod Cammittipn Regaktbrla�af General Except gras% dlppknga shall
<br /> remain onthe lawn surface.
<br /> Amend Subsection E.2,by adding the word'hit✓'before the phrase'affordable housing"and by replacing the Phrase"recreational To see if the Town will vote to accept the kryouts as public ways of Taurus Drive,pardarof Polaris 0 rive(House a97 to start of 1.Fnlareemedand W-Wtk-forapp►yinglawz UrOU..dhp*orgfarukh,ddmtl .FthkWA ra
<br /> 'facilities'with the phrase"recreational uses'; Tauru'Sh and partial of Geminl Road(Housetr19 and ending attaurus Drivel,as shown an a plan entitled'Road Easement Taking
<br /> Plan'Holland MiRs'Subdivislon In Mashpee,Massachusetts(Barnstable County),dated December 13,2000 and prepared by A If any turf Is deemed to need phosphorous as indicated by a tissue,soli,or othertM by a1 her a comrnerckgy,
<br /> -Replace the fourth sentence of Subsection E,2.with the following: � The BSCGroup,Inc,which layouts shag have been filed In the Office of the Town Clerk,not later than seven days prior the available soil resting kit,or a certified laboratory anaysislot any aloes mllhailld approved by the Board of
<br /> date of the vote hereunder and to outhortta the Bard of Selectmen toacquire by gift,purchase or eminent domain taking Heafthrf and such test has been Performed within the last three years Indicates that the level of available
<br /> -1 A Development Agreement shall vast lend use development rights as described In Section 14(a)of the Cape Cad Commission any land necessary for the purposes of such ways as so laid out,and to appropriate and transfer from available funds$153,290- phosphorous In the soil is Insufficient to support healthy turf growth ran upon paying a fee of$15.00 apply fora
<br /> Act and Section 7 of Chapter W of the Cade of Cape rod Commission Reg slatdons of General Application,Or revised,for tothe Great Hay Estates Roadways Account and to raise sold appropriation,the Treasurer,with the approval
<br /> a ri od or rids er44 Section
<br /> the Board of wader m st issued er the Board si ass p o•to 3 blown sgselin as determined to the BOOM p of phosphorous.
<br /> This .
<br /> pis pis specified in the Agreement.When flan Town is not a pang to a Development Agreement,then land use Selecpnem,be authorized to borrow at one time,or from time to time,under and pursuant to Chapter 44 5ectfon 7 or B or any wafter muse be preserved to a business prior to a business sagas a fertilIserwmalning arty phosphorous.
<br /> ,development rights shall not vest with regard to the Towds development by-iws and regulations.When the Commission is other enabling authority for such purchase or taking and layout including casts of constructing such ways and hgal financing '
<br /> not a party to the Development Agreement,no land use development rights shag vest with respect to the Reglonal Policy Pin,and other costs incidental and related thereto;and further authorize the Board of Selectmen to assess betterments to the B. violations of chapter will be enfDr ell by the Board of Health cw any town body designated by the Board of
<br /> Commission regulations and dec'IsIon and the property shag be subject to subsequent changes in the Commissfori s regulations owners ofthe land abutting the ways„or take any other action relating thereto. Selectmen. '
<br /> -and decisions:'. submitted by Petition - .
<br /> C. tin
<br /> Any person widening this chapter is guilty of an infraction and is subject to a e.The fine for the first offence
<br /> 'Replace the current Subsection F with the tatlowlrtg: - Tlwa Bard of Seictnnan recommends approval by a voile of". - shall be S150 and$300 for each suftsequem offence or an amount as established by a resolution of the Board of
<br /> Selectmen. .
<br /> IF. Procedural nquinments for DerebpnrK Agraamerea where the Cape Cod Commswlorr Is a Party to the The Finance CmnmRfm recommends approval be a vote of 7-0. - .
<br /> Agreement' - - 9.Swfwablft douse.
<br /> Article 2s - A. If any section,provision or Portion of this chapter is ruled bwelld by a court,the remainder of the chapter shelf
<br /> - where the.Cape Cod Commission is to be a party to a Development Agreement,the procedural requhemems not forthat reason be rendered irwaecove a invalid.
<br /> established in Section 5 of Chapter D of the Code of Cape Cad Commission Reguitiotts of GeneralApplkotipn,as To see tithe Town"I vote to authorize and empower the Board afSelectmen to prepare a plan laying out and defining Shields -
<br /> revised shaltbe followed and no such Development Agreement shall be valid unless and until the requirements of Road,Tabisset Street,Lyn Court,Trici lane,Pecluot Road,Pequot Court,Michelle Lane and Nobska Road;and to accomplish - _Submitted�'Petition„ said Section S of Chapter D have been complied with in full."; - said purpose and for expenses Incidents]and related thereto,the Town vote to raise and appropriate w transfer from available The Bard of Selectman takes no poshion by a watt of 54 .
<br /> funds for appropriation$5,00D to the Samuir Woods Roadways Account,or take any other action,relating thereto. -
<br /> Amend the tun of Subsection G.to capitalize the ward"Party'; - The Flnanw C'anarAttm to make nmrhwmrdpdon at Town lylntfng, . .
<br /> Submitted by Petition -
<br /> ,.Amend Subsection G.1.la)to read at follows: Arhde 23 - - - - .
<br /> The Bard of 5elechrwn recommends approval by a veto of 40. - - ,
<br /> "la) A fully completed Cape Cod Commesim Development Agreement APpauaoa Form, I To see ithe town will vote to amend AnYkle 2.1-Annual Town Meeting and Election of the Town's Bytom as follows:
<br /> including a certified list of abutters prepared by the Assessors In the town or towns where The Fiance Committee recornm ends approval by a vote of 7�0. ,
<br /> the abutb rs are Mooted!; - •. .. - - ., - - ph F of Ardele.2-nnualTown Meeting end Fraction would be its anti
<br /> •t'l�rrn 51.duly f3yif L1li t1(1J I'_sil,tl jvl 11-It j?-'jil.IT n, l , -
<br /> Paragraph t A
<br /> ee 9ylaw k replaced in W the fallowing
<br /> .. , ..J+j.;n_r r-f ,µ �r ten.-^^'a irf!'1Tn�t n(f(nr.ft?r!nr tfrri ,, ;,r t;r,+. -
<br /> Amend Subrection G.1Ih)try addtng the wards'and surrey'after"legal desctiptiorn'; - -..: ..y�.9
<br /> To see if the Town of Mashpee will raise and appropriate or borrow the money needed to design and construct a bike Pathan *MKO t A mrry 1,2012,the regular annual Town electier of Taws OM..will be Mid on ibe Britt Saturday In May
<br /> Amend Subsection G,1.(d)by amending*0 words'population densities,building densties and height'to read'residential old Bamstable Rd.beginning at mute lSl and continuing to the Peknouih town liiaear take any other-�u iafourig too. lnmeiatesp following the May Annual Tawm Meirdng,snoop-wdurh that$WAW&V Oneidas" lMptheYa paYand
<br /> population densities,arid bullding densldn and height"; -
<br /> Submitted try Petition than the I 11,wall be hold on the foomWng Saturday at such place as JatnroYted by*a gal 'asifire
<br /> - -
<br /> . Amend Subsection G.1.If)by amending the phrase-public purposes"to read'public recreation,conservation,agricultural,- This will replace the existing language In Paragraph F of Ankle 2,1,'The annual Town election rofTown either,will be held the
<br /> aquacuituraI a historic purposes'; - Bxiolonatlm;Growing upon Old Barnstable Rd.made it easy to walk to and from schac 4but also called for its dangers also. fist Saturday In May immediately fallowing the May Annual Town Meati g,at such place as determined by the S eactmee
<br /> Wandng,running or even riling a bike down the winding,curving street means you are literally sharing We road with cars - -
<br /> Amend Subsection G.1.Ig)by replacing the phrase"approved or needed to be approved'wfth the word"needed'; driving Pot being able to see around the nest curve or hill.Friday July 1,2011,I once again walked down Old Barnstable Rd.to Submitted by P'al m=
<br /> and from the MoApee High School to attend the community picnic and fireworks.I once again was"nit cars,walking on .
<br /> Amend Subsection G.l,4h)by replacing the word'kxkM%'with the word"acknowkdgkg"and by adding the phrase'or the pavement when wraldngon the skewasn't possible.sadly that same night a 16 year old lost his life on OM Barnstable Rd. Eaphauuac This article would move the annual Town general election which Is held onthe fir Saturday in Mayfoilowlag the
<br /> Participating Parties'after the phrase Choalified Applicant"; walking home from that same event;He was stuck walking on the road because he and friends had nowhere else to walk.This Town's Annual Meeting(which typkelly places the general at on on MwMrs aY vveekemhd)to the neat Sahgrde6 R Matlhers
<br /> accident could have been avoided.There are many of our own residents walking,mnnhg,biking up and down Old Barnstable. Day is immedlarl*following that dale.The historical turnout forthe May Town election has been very low compared to the
<br /> ._Amend SubsectionG.1.{j)toreadasfol11 - Rd.are either younger or older than that 36 year old struck.Let us avoid another total accident where a pedestrian isInvolved number of people voting In the November State and Presidential electkns. .
<br /> and bulk a bike path on Old Barnstable Rd. . .
<br /> 10) AddictlonaldataandanalysisnecessatytoassesstheImpactoftheproposeddevelopment, - - The Board ofSafectmen takes m position bya vote ofS-C .
<br /> as determined by the Planning Board,or where the Town is not the lead Commuri t the The Bad of 5ek elm'n noes not recommend approval by a vote of 4-1.
<br /> appropriate body in said Lead Community."; The Ruence ComnRtr recommends
<br /> The fince Cen re nitke to make commendation at Town Mewing. approval by a vale of 7-0.
<br /> na .
<br /> Amend Subsection G.2,by adding the phrase"pursuant to Subsection G above"at the end of the second sentence, - - .Article 26
<br /> Ankh 23 .
<br /> -Amend Subsection G.3.by replacing the phrase"shall assume the responsibility for overseelng'In the first sentence with the To see 9the Town will vote to amend Article 2.1-Annual Town Meeting and Election ofthe Tawm's BF-Laves and prude 3 afthe
<br /> -'phrase"shall oversee'; - To we athe Taws will vote to awtMrize and empower the Board of Selectmen so prepare a plan laying out and defining ' Mashpee Town Charter as follem: .
<br /> Pleasant Park Drive;and to accomplish said purpose and for expenses Incidental and related thereto,the Town vote to raise and
<br /> Replace the first sentence of Subsection GA.with the following: � appropriate or transfer from available funds for appropriation$S,000 to the Pleasant Park Drive Roadways Account,or take any Paragraph F of Artide 2.1-Annual Town Meeting Election Bylaw would be replaced inks enllmly by the following ll
<br /> hingua
<br /> aberadion re4tingthereto.
<br /> "When morethan one municipality is a parlytothe Apeenrent,the Lead Community shall overseethe Development Agreement "Effective January,1,2013,the regular town election shag be held on the first Tuesday folkvving the ter Monday In November
<br /> 'process as specified In this section.Any conflicts between the lead Community and other munklpolhy(les)which are a party to Submitted by Petition of each odd-numbered year,at such place as determined by the Selectmen!
<br /> -the Agreement shag be resolved through negotiation by the relevant parties:',, -
<br /> The Board of SaieLnsn moonwnends approval by a vote of" This will replace the existing Wguaga in Paragraph F of Article 2.1,'The annual Tow election of Town officers will be held the
<br /> Amend Subsection G.S.by replacing the term"Sections Slit and Id)'with the term'sectiors s(coi1-3r: -T1na Finance Comrmitaae racomtonandsapprorol by ewote of 7�0: first Saturday In May imm*dixtey Following the May Annual Town Meeting,at such piece as d k Selectmen.'
<br /> elermwd by the Selemen.'
<br /> - - _
<br /> Amend Subsection G,6.by replacing the word'bear"with the word'
<br /> .. Pair% Article 24 Add paragraph F.1 to Article 2.1-Annual Town Meeting and Election By-law mccq"vhlrg the following language:
<br /> Delete Subsection G.7.In NO entirety and replace it with the foaowhW - - I "The fallowing election transition rules-Ili be appled an a one-tine bases.At a date desfgrsNed by the Town Clerk,but no
<br /> SALE AND APPLICATION OF LAWN FERTILIZER - later than laawaay 4,2013,the Town Clerk shall duly post and teak a public meeting In which the Town Claris slug coeduct a
<br /> "7, The Town/Lead Community shall review proposed Development Agreements for their consistency with Local
<br /> 1. random dravling of al elected posidoris to determine those positions whose terns wd!begin on aitherihe second Mondry of
<br /> Comprehensive Plant.A Development Agreement that Is Mmmistent with local zoning shell require either a Sections- 2013 or on the second Monday of 20I5,forthe length of term asset forth by the Town Charter.This Will ueale where potable
<br /> . zoning amendment or shall be subject to the grant of such zoning relief as may be needed under the zoning by 1 Purpose and Intent. staggered positions for each Bard,Committee or arty other position fWed by begot at Tom elections in the Town of Mashpoe.
<br /> laws of the Tbwn as may be needed to resolve the inconsistency,unless the Development Agreement 6 approved 2. Applicability. - - The remaining unexpired hems for all currently elected pasgfans would be ad)usted accordrtity based on the result of the
<br /> by the some erthy and the same quantum atvotes as would be required to amend the zoning bylaw of the Town. 3. Defthlons. randomdrawng,"
<br /> Thereupon,any departure from zoning expressly and specifically authorized by the Development Agreement shag 4. Use and application offaw fertilizer,
<br /> be deemed effective.'; r S. Exemption t9 use and application of town fertiFrer. Article 3,Section 3-2,Paragraph A-Bard of Selectmen,Composition,Term of Office will be amended by the faaowing
<br /> 6. Display for sate of fertrgzer containing phosphorous. language to change the length of the term for this elected position: -
<br /> Delete Subsection G-9,in.its entirety and replace It With the folknwirw. 7. lawn Cam Companies and Commercial Providers. `
<br /> 8. Enforcement and partakes far improperly appyi ng lawn ferti fizz r or dspjeybg for sale. 'terminal New~will replace curent language of"terns of three years',
<br /> "9. The town clerks of the comrecting tom or towns shag Issue a certificate which certifies the effective date of 9. Severabillty clause. - -
<br /> the Development Agmernent.The effective date of the Development Agreement shell be the date of recording - Article 3,Section 3-3,Paragraph A-School Commhtee,Camprsitlon,Term of Office will be amended by the following;language
<br /> at the'Bamstahle County Registry of Deeds.The certificate shag be Issued in a form suitable for revording in 1 Purpose and Intent. to change the length ofthe term ofthb elected position:
<br /> the Barnstable County Registry of Deeds.The Town or Lead Community shag record the cerdlirate,to which - -
<br /> the Development Agreement shag be attached as an exh&i%in the Barnstable County Registry of.Deeds and The purpose of this article Is to regulate the sale of lawn"Izer containing nutrients and contaminants,including 'tams Of sear years'will replace current language rid"tams ofthree years"
<br /> shall submit proof of such recording to the Clerk of the Cape Cod Commksbn within fourteen(14)dour of such phosphorous,to all land located within the boundaries ofthe Town of Mashpee and to land owned by the Town of
<br /> recording.The Qualified Applicant shag bear the expense of recording.'; Mashipse,so as to prevent such from entering any portion of Mashpee's rheas,ponds,lore;0cears and its tributaries Article 3,Section 34,Paragraph A-Town Clerk,Tam of ONkce will be amended by the following language to change the length, - .
<br /> thereof in order to reduce non-palm source pollution and to improve water quality as envisioned under the federal of the tern of this elected position: -
<br /> Delete Subsection G.10.in its entirety and replace It with the following: clean water Act. -
<br /> .1. The Board of Selectmen,or the appropriate body In Lead Community If it Is nut Mastpee,may est t i"It he 2. AppFwbaft. term of two years"will replete current inguage of"tams of three years"
<br /> . fees or charges imposed for filing and processing of each appikadon a document provided for or required under I Article 3,Section 1.5,Paragraph A-Bad of Library Trustees,Composition,Term of Office will be amended by the fogowkg
<br /> this section.Any other municipality or Starr agency which is also a party to one Development Agreement may This article applies to all land located within the boundaries ofthe Town of Mashpee and to any land owned by the I language to change the length of term for this elected pwktwn
<br /> establish additional fees and charges to be Imposed forthe filing and processing.ofeach application and document Town of Mashpee.The ordinance codified in this article shell take effect 30 days after voter aponwe at town Meeting
<br /> provided for under Chapter D ofthe Code of Cape Cod Commission Regulations of6eneul Application!; on October 3,2011. 'tam Blow~will replace current language of'tarms ofthree years' I -
<br /> .Amend the title of Subsection H.to read`Limlutiont on,and dumtior of Development Agreements'; a. Definitions. - - Article 3,Section 3.6,Paragraph A-Town Moderator,Mode of Election,Term of ORke will he amended by the following
<br /> language to charge the length of term for this elected Position: ,
<br /> Amend Subsection H.2.by adding the words of Chapter D'after the watch'Sectign 7'In the fourth sentence and replace the 'Fetillzer"means any substance containing a recognized plant nutrient used for its plant nutrient content and designed
<br /> first sentence in its attirety with the following:_ ' for use or claimed to have va toe k promoting pi m plant youth. 'ta of two yerP will replace current language of-term of three years"
<br /> A Development Agreement will commence upon the date of reooMing of the eertlflcafe(s)by the Clerk of the Cape Cad 'LawnkwWker meats any fertilizer whetherdistriboted byaproperty owner,renter,commercial amityorthe Townof Article 3,Sectlori ParegrophA-Planming Board,Compostdon,ModeolEIsetsen,Term ofOlficlwtll be amended bythe
<br /> Commission or by the town clerk(s),as appropriate,and terminate as agreed by the panties,in wvrM%except at otherwise Mashpee,distributed for nonagricuhlural use such oslawns,golf courses,parks and cemeteries.Lawn fertilizer does not following iryuagerto changethe length oftern forthis asocted postaan:
<br /> provided In this subsection and section S(q)of Chapter D of the Cape Cod Commission Regulation of General Applka*4 as Include fertstzer products intended primarily forgardetning,tree,shrub and Indoor plant application. , .
<br /> revised.. 'Ums Of far IGNe will replace current inguage of"term of three years'
<br /> - "Turf'mean non-srop Mud panted and closely moved,managed passes Including,but not gmked to,residential and
<br /> Amend Subsection H_9,by adding the words"or Participating Party"~the term'Quatllkd Applkant'; -- commercial property;private golf courses,and properly,owned by federal,state,or locat units of government,Imiluding Artkje 3,Section 34,Paragraph A-Mashpee Housing Authority,Composition,Made of Appointment and Election,Term of
<br /> . peft recreation amis,and public SW cowsirs.Turfdaft not mean pasture.hoyhwd,ha%or turf grown on turf farnis._Office willbe@mendedbyIhefollowinglenguagetocMngethelengthoftermfothiselectedposafem
<br /> Delete Subsection I.In its entirety and replace it with the following: - .
<br /> . 4. Lfee and"Witlon of ion fentilIsar. 'tams Mfour yarn'will nplac!current kpguage of harm of three years
<br /> 'I. Amendments and Roadoolm. - A. Except as provided in Section 5 below,no person shall apply any lawn fertilizer that is labeled as containing more - .
<br /> A Development Agreement may be amended or rescinded by petition of a Participating Party as provided below.aeadnrio nts than zero percent phosphorous or act other s0mpoun Cl containing phosphorous,such as phosphate. Or take any other action reitlng thereto. -
<br /> for hearings,notice,costs and filing and recording of the amendments and reschdons of Development Agreements shag be '
<br /> followed as provided in sections 5 and 6 of Chapter 0 of the Cape Cod Commissbn Regulations of General application,as B. No person steal apply any lawn fer dker when the ground is frozen. Submitted by Petitionrevised. - - -
<br /> C. No person shag cause lawn fertilizer to be applied to or run onto any Impervious surface including parking Explanation!This&MCI%would mows the annual Town general election which its held on the first Saturday in May follovdmgthe
<br /> 1. Minor Meditkation, fats,roadways and sidewalks.If such an oppkafion,occurs the fertfkw must be Immedlatey contained and Towns Annual Meeting(which typically places the general election an Mother's Day weekend)to November effective In 2013.
<br /> collected and either legally applied to tudopiaced in an appropriate container. This would also change the Town general elections fmm being held annually to being hold bi-annual every two(2)years in the
<br /> m Amendments that e de minimus ehangas or technical corrections,as determined by both the - - odd-numbered years li,e.,2013,2015,etc),opposite the even years(Lie.2014,203L6,oft.)when dome are Massadosaes Sup
<br /> Commission and/or the Planning-Board(or the appropriate body in the Lead Conmumih'sit is not Mashpee)may S. Damptlansto use end appl abonortavm lie"tr. elx8arm The historical turnout for the May Town election has been very low compared tothe number ofpeople voting In the-
<br /> be made without folkwingthe notice and public hearing requirements provided in Sedfons F arid G above.Where - November Sate and PmWeadah ejection.This change would also reduce some of the costs Incurred by the Town for holding
<br /> -
<br /> the Cape Cod Commisglon Is a Participating Party,such changes may be authorized by the Regulatory Committee of the A. The prohibition against the use of fertilizer under Section 4 shag not apply to the fdknring:. an election each May and then again In some years In Nwenbo%a savings to the Town of apprmktattly$5,ono.This.change.
<br /> Commission and a majority You of the Board of Selectmen,after review and favorable recommendationby the Pinning Boarder would also reduce the impact on the Schapis by eliminating a day during the'schoolweek that was prevbusk/needed to situp
<br /> as well as by the appropriate vote or approval of all other parties to the original Development Agreement. - 1. Newly established turf or lawn areas during their first growing season. the election equipment In May,
<br /> 2. Maor Modlfigilion:- 2. Turf or lawn areas when we tests performed within the past three years confirm that the The urrea for all elected officials on the mutes-member bodies(Board of Selectmen,School Committee and Planning Board)
<br /> phosphorous levels are deficient based upon the standards established by the Massachusetts would change from three 13)yam to four(4)In order to-colmide with a IrinuaI election formaL The terms for singular
<br /> When the Cape Cod Commission Is a party tothe Development Agreement,am party to the DeveiapmentAgreeman may petidon Department of Agriculture,The fertilizer application shall not contain an amount of phosphorous poshfou in the Town government structure(Town Clerk and Town Moderator)would charge from three 13)years tot we 12)
<br /> .to amend or rescind the Development Agreement.The Participating Panties may petition to rescind the Development Agreement exceeding the amount and rate of application mconmended based on the soil test. years.The terms for elected officials on the nuhi-member Mashim Housing Authority would charge from five(5)years to four,
<br /> The Cape Cod Commission may petition to rescind the Development Agreement DA In the event offagkNe OFmnsideu8on.Such 1 (41 years in order to calcite and he consistent with a biannual election format.
<br /> petition shall be made in writing,and shall state in detail the petitioner's reasons for amendment or rescisslon The petitioning 3. Gardens,including vegetable and flower,trees,shrubs,and indoor applications,lncktding green
<br /> party shall provide notice to as parties to the Development The change In terms would start with a transftn period with the first elections io be held in Nprembw 2013,Elected
<br /> p pmert Agreement, houses. '
<br /> positions whose terms walk start In November 2013 will be determined by a random drawing to be hold no Istor then laetietr
<br /> When the Commission Is not a party to the Development Agreement,any other party to the Development Agreement may ,4. Yard waste compostor othersimilar materialsthat are primarflyorgank in nature and are applied 4,2013.The remaining unexpired terms for all currently elected Positions wpdd be ad lured accordingly based anthe results
<br /> petition the Town or Lead Community to amend or rescind the Development Agreement.The petitioning party shall provide to improve the physical condition ofthe soil -of the random drawing to coincide with the new b6amaual election format(to,a term that Is arrp119y sat to expire in May of
<br /> notice to all parties totfie oeveWpmentAgreenem and to the Commission offs intention to amend or rescind the agreement by L2013 would be extended to November 2013). -
<br /> providkngsuch parties and the Commission with a copyofthe petition seeking such amendme nor rescisskm.WhenthaTown or A. The application of fertiller under subsecbm A above must meet the standards as khed bythe - -
<br /> Lead Community Initiates an amendment or rescission,it shall provide notice,in writing,to all other parties to the Agreement. Massachusetts Department of ErrAromnemal Protection, The Board of Selectmen takes no positron by avoto of 54.
<br /> Where the Cape Cad Commission is a Participating Part'such charges may be authorized by the Cape Cod Commission and a it. Display for Who of fertilizer containing phosphorous The ilnanm Committee to make rewmnmW&tlon at Team Mn*ig. .
<br /> majority vote of the Bard of Selectmen,after review and favorable recommendatim by the Pinning Board,as well as by the .
<br /> appropriate vote or approval of all other parties to the original Development Agreement.Whom the Cape Cad Commission A. Effective December 12011 no person shalidispiay for sale any lawn Fertilizer that is labeled as containing more September 16,2021 -. - - -
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