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second offense shall be $250. The fine for each Motion: I move the Town vote to approve Article 34 <br /> subsequent offense shall be$300. as written in the warrant,with the exception of the first <br /> sentence in §107-41),which shall be replaced with the <br /> §107-8.Severability Clause following language: <br /> Should any Section,part or provision of this by-law be The application of Phosphorus Containing Fertilizer <br /> deemed invalid or unconstitutional,such decision shall without nitrogen is prohibited within twenty(20')feet <br /> not affect the validity of the remaining terms of this by- and the application of nitrogen is prohibited within one <br /> law as a whole or any part thereof, other than the hundred(100')feet of the following Resource Areas,as <br /> Section, part or provision held invalid or defined in The Mashpee Wetlands Protection Bylaw, <br /> unconstitutional. Section 2 and Regulations: any freshwater or coastal <br /> wetlands; marshes; wet meadows; bogs; swamps; <br /> Submitted by the Board of Selectmen vernal pools;lakes;ponds;rivers,streams;creeks;and <br /> estuaries. <br /> Explanation: Mashpee waters do not meet Clean <br /> Water Act standards because of excess nitrogen Motion made and passes to dispense with reading <br /> degrading Popponesset and Waquoit Bays, both of of article at 8:58 PM. <br /> which are vital to our economy. The principle cause <br /> are septic systems and cesspools, but the second Motion passes at 9:01 PM. <br /> leading cause of excess nitrogen is lawn fertilizers. <br /> Along with increased shellfish production and Article 35 <br /> harvesting, as part of our Comprehensive Wastewater <br /> Management Plan, the Nitrogen Control Bylaw was To see if the Town will vote to authorize and empower <br /> adopted overwhelmingly by Town Meeting in 2014 to the Board of Selectmen to prepare a plan laying out and <br /> promote smart,clean,water-friendly lawn care. defining Pierre Vernier Drive,Katian Way and Gunters <br /> Lane,and to accomplish said purpose and for expenses <br /> The revisions to this Bylaw,now expanded to become related thereto, the Town vote to appropriate and <br /> the Nutrient Control Bylaw, are intended to further transfer the sum of$7,000 from revenue available for <br /> improve water quality in all of our waterways. Lawn appropriation to the Pierre Vernier Drive,Katian Way <br /> fertilizers with phosphorus are also a leading cause of and Gunters Lane Roadways Account, or take any <br /> pollution of our ponds and streams; therefore, along other action relating thereto. <br /> with other Cape towns,we have included management <br /> of phosphorus-containing lawn fertilizer based on the Submitted by Petition <br /> State regulations adopted in 2015. The Conservation <br /> Commission and the Department of Natural Resources The Board of Selectmen recommend approval of <br /> have also agreed to help with education and Article 35 by a vote of 5-0. <br /> enforcement of nutrient regulations, and are now <br /> included in the Bylaw. All of this is intended to help The Finance Committee recommend approval of <br /> protect taxpayers and property owners from the Article 35 by a vote of 4-0. <br /> potentially huge expense of a court-mandated sewer <br /> infrastructure program,while protecting and improving Motion made by Christine Aziz <br /> our valuable waterways. <br /> Motion: I move the Town vote to authorize and <br /> The Board of Selectmen recommend approval of empower the Board of Selectmen to prepare a plan <br /> Article 34 by a vote of 5-0. laying out and defining Pierre Vernier Drive, Katian <br /> Way and Gunters Lane,and to accomplish said purpose <br /> The Finance Committee recommend approval of and for expenses related thereto, the Town vote to <br /> Article 34 by a vote of 4-0. appropriate and transfer a sum of$7,000 from revenue <br /> available for appropriation to the Pierre Vernier Drive, <br /> Motion made by Selectman Andrew Gottlieb. Katian Way and Gunters Lane Roadway Accounts. <br /> Motion passes unanimously at 9:02 PM. <br /> 69 <br />