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13 <br />Mashpee Select Board <br />Minutes <br />March 20, 2023 <br />NEW BUSINESS <br />._........._.......... w.l � _ s � �.._ _...__ . d § 15D with Regard to Sewer Betterment Addition oArticle: Accet Provisions o MGL C.. $3 _ ` 15 an.... <br />Assessments: (continued) <br />This article would authorize the Town to assess and collect interest on an unpaid balance of a sewer betterment <br />assessment at a rate of up to 2% above the net rate of interest chargeable to the Town for the project to which the <br />assessment relates, and to apportion all future sewer assessments or unpaid balances of assessments over a period <br />not to exceed 30 years. <br />The amendment with input from the Town Manager and Assistant Town Manager has been reviewed and is <br />recommended by Town Counsel to form. <br />Motion made by Selectman Cotton to approve and recommend Article 12 to Accept the Provisions with <br />regards to Sewer Betterment Assessments. <br />Motion seconded by Selectman Wyman -Colombo. <br />VOTE: Unanimous. 5-0. <br />Roll Call Vote: <br />Selectman Weeden, yes Selectman Cotton, yes Selectman O'Hara, yes <br />Selectman Sherman, yes Selectman Wyman -Colombo, yes Opposed, none <br />Discussion and Possible royal ofwDraftw#3 of the MaPwwrtl 2023 Special and Annual Town Meeting Warrant <br />Articles: <br />Presentations on Various Articles: Plannin Board Chair Mar Wa � pan- Town Planner Evan Lehrer De artment <br />.._...._.w.�w......._....ww............_�.�............_.._.........._...._.........._.._........w...._...,._.M.._.� ........._._........._.._w�. �.. n.,,a._......o ......�.....�..........�......................................�...�... <br />of Public Works Director Catherine Laurent: <br />It was noted the questions were addressed by the DPW Director regarding the Quashnet School playground. <br />Town Planner, Evan Lehrer and Planning Board Chair Mary Waygan were in attendance to review Town Meeting <br />Articles 30, 31 and 32 with the Select Board. It is recommended the Board move forward with a new solar Bylaw <br />to protect the public health, safety and welfare of the Town of Mashpee and its citizens. <br />The State of Massachusetts is encouraging the production of solar energy to generate clean and cheap electricity. <br />Solar Energy Systems are protected by M.G.L., Chapter 40A, §3 whereby "No zoning ordinance or bylaw shall <br />prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that <br />facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare. " <br />Citing a recent court case between the City of Waltham and Tracer Lane lI Realty, LLC it was decided "No <br />zoning ordinance or bylaw shall prohibit or unreasonable regulate the installation of solar energy systems or the <br />building of structures that facilitate the collection of solar energy, except where necessary to protect the public <br />health, safety or welfare. " It was also noted: "preservation of residential character of neighborhoods is a <br />legitimate municipal purpose to be achieved by local zoning control. " <br />