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which is the conservation of open space,in either case developments of seven acres or more provide open space subject to a formal conservation restriction to be held (one half acre open space per one acre developed) as by the Town of Mashpee.The developer's declaration well as setbacks from water bodies(300')and wetlands of his choice of the open space preservation methods (100')in order to preserve the Town's environment. described above,which may be different for individual such parcels, shall be included in his application for The Board of Selectmen will make a recommenda- a Special Permit to develop a Solar Energy System, tion at Town Meeting of Article 35 by a vote of 5-0 along with maps and plans describing the open space areas. Any water bodies or wetlands, as defined under The Board of Selectmen does not recommend MGL C. 131, §40, which lie within the boundaries of approval of Article 35 by a vote of 5-0 the Solar Energy System shall also be permanently set aside and deeded to one of the entities identified The Finance Committee will make a recommenda- above under the terms described. When delineating tion at Town Meeting of Article 35 by a vote of 7-0 the upland to be set aside as undeveloped open space, any land which is forested shall be prioritized as The Finance Committee does not recommend open space. Before final approval of the Solar Energy approval of Article 35 by a vote of 7-0 System Special Permit, the developer shall also file with the Planning Board a copy of the conservation At its Meeting on April 6,2022,the Planning Board restrictions necessary to secure the permanent legal voted not to recommend approval of Article 35. existence of the open space and a copy of any proposed deed for transfer in fee to the Town or to a nonprofit Motion Made By Barbara Lynne Barbee: organization. Approval of the Solar Energy System shall require approval by the Planning Board of said I move the Town vote to approve Article 35 as conservation restrictions after consultation with Town printed in the warrant with the exception of the Counsel. As required by law, any such restrictions phrase"or take any other action related thereto." may also require approval by the Commonwealth of Massachusetts. Any open space required to meet the 2/3 vote required provisions of this Section shall be surveyed, properly bounded on the ground by concrete monuments and Motion to amend fails 154/148 at 9:54 PM shown on a plan recorded at the Barnstable County Registry of Deeds or Land Court Registry. Said plan Meeting Adjourned at 9:59 PM shall be recorded and said boundary monuments shall THIS CONCLUDES THE BUSINESS OF THE be set within six(6)months of the approval of the Solar ANNUAL TOWN MEETING Energy System Special Permit. Any transfer of the fee title to property to the Town or a nonprofit organization And you are hereby directed to serve this Warrant by shall be recorded,along with the required conservation posting up attested copies thereof,one at the Town Hall, or agricultural restrictions, within one (1) year of the one at the Post Office, and one each on the bulletin approval of the Solar Energy System Special Permit. boards,thirty days at least before said meeting. Said transfer shall be completed before the issuance of any building permit for development within said phase. Hereof fail not and make return of this Warrant with your doings thereon to the Town Clerk at the time and 13. Setbacks from water bodies and wetlands. place of said meeting. The developed area within a Solar Energy System development may not lie within three hundred (300) Given under our hands this 21 st day of March in the feet of any water body or stream or within one hundred year two thousand and twenty two. (100) feet of any wetland as defined under MGL C. 131, §40. Per Order of, Board of Selectmen or take any other action related thereto. Carol A. Sherman,Chair Submitted by Petition David W.Weeden,Vice Chair Andrew R.Gottlieb,Clerk Explanation: This article would amend the Zoning John J.Cotton By-law to require that any Solar Energy Systems Thomas F.O'Hara 80