Mashpee passes a series of bylaws prioritizing clean water initiatives

MASHPEE ― From wastewater management to horsepower limits on Santuit Pond, water quality was the center of debate during Monday's annual town meeting.

About 428 Mashpee residents packed the Mashpee Middle-High School gymnasium, and Mashpee Special Town Meeting zipped by with six out of seven articles passing unanimously.

Article 5 on the Community Preservation Act funding request for the Edward A. Baker Boat Ramp for the Pirates Cove Improvement Project Phase II passed by a majority vote.

Special town meeting adjourned at 7:25 p.m.

As Mashpee annual town meeting commenced, Article 3, which asked voters to appropriate and transfer about $6.6 million from available funds to various department capital accounts, passed unanimously. Several town residents questioned the $8 million in capital improvements included in Article 11. Most of the discussion surrounded the upgrades to HVAC systems throughout Mashpee Public Schools.

Millions in capital improvement dollars spent on DPW, fire and HVAC systems.

Nicole Bartlett, chair of the Mashpee School Committee, addressed the $5 million that will be allocated for the HVAC upgrades, and said the school is providing some funding through Elementary and Secondary School Emergency Relief Funds or ESSER funds.

"We surveyed almost 1,000 families in our district. They wanted us to elevate the upgrades so we are trying to leverage $2.6 with ESSER funds. Only $1 million comes through capital stabilization," said Bartlett. "This request is a modest investment considering the original estimate came in at $26 million."

Article 11 required a two-thirds vote and passed.

Voters easily approved $12 million for Mashpee's Phase 1 sewer construction.

With zero discussion, Article 10, which sought $12 million for the completion of Phase 1 construction of the town's comprehensive nitrogen and wastewater management, passed unanimously.

The project is a treatment and disposal improvement project, and will include sanitary sewer mains, lift stations, and related wastewater collection and treatment system improvements.

Were boat speeds limited to 10 miles per hour on Santuit Pond?

A host of Mashpee residents patiently waited to speak about Article 27, which sought speed restrictions to 10 miles per hour for motor boats on Santuit Pond.

The waterway is about 11 feet at its deepest point, with an average depth of 6.5 feet. Because much of the pond is shallow, it contains elevated phosphorus levels, according to the warrant.

During the meeting, Department of Natural Resources Director Ashley Fisher said speed restrictions are intended to limit the disturbance of phosphorous-laden sediment in the water.

"It (Article 27) isn't complicated and this will help out Santuit Pond," agreed Matthew Jalowy, a Mashpee resident, and a member of Mashpee Pond Coalition. "I would like to see the pond being able to be used by all the people of the town of Mashpee as opposed to a couple dozen voters."

Nathan Adams, who said he lives right off of Santuit Pond, opposed Article 27 and spoke about a comprehensive study that was executed in 2010. The study researched the impacts of sewer, road run off, and lawn fertilizers but he said the study didn't address speed restrictions. Homeowners are currently allowed to use fertilizers, he said, which is impacting the pond more than motor boats.

"People don't want to give up their green grass, so it's much easier to regulate boats," he said. "And we're going to blame it on the boats saying they are stirring up the sediment."

Article 27 passed by majority.

Buffer zones bring backlash

Articles 36 and 37 addressed an increase in wetland buffer zones from 100 to 150 feet, and an increase in naturally vegetative buffer strips from 50 to 75 feet.

Phyllis Sprout, a Mashpee resident, took issue with the definition of vernal pools being considered a body of water. Sprout referred to vernal pools as glorified puddles, and said they may not show up from one year to the next.

Andrew McManus, a conservation agent for the town of Mashpee, said vernal pools are an isolated, vegetative wetlands protected under the Massachusetts Wetland Protection Act and are given the highest level of protection.

"There is a process to our certifying a vernal pool and a process to not certify an area that does not function as a vernal pool," he said. "But you cannot under any circumstance remove that as a resource area."

Susan Dangel, of Mashpee Clean Waters, said the new buffer zones impact the development of a parcel of land, but homeowners can work with conservation, and if necessary, find workable solutions for building.

Gary Briggs, formerly of California, said the Californian Coastal Commission set similar regulations to buffer zones and lawsuits plagued many construction projects, making it impossible for homeowners to build. Briggs said he feared regulations surrounding buffer zones would continue to increase in the future.

"I oppose this unless there's some way to limit the overall potential scope of this," Briggs said.

When it came time to vote, Moderator John Miller said the vote was too close to call and voters were instructed to use colored ballot cards, which were held up in the air and counted. The motion carried with 333 voters in favor of Article 36 and 113 opposed.

Article 37 passed by majority.

Raze and replace article prompted debate.

Article 45 asked voters to decide whether to repeal section 17.1 of the 2018 raze and replace zoning bylaw, which removes the ability of the Zoning Board of Appeals to approve raze and replacement of pre-existing and non-conforming dwellings by special permit.

The petition article stated, in the warrant, that aspects of the 2018 bylaw resulted in detrimental building height, lot coverage, and impacts on natural resources.

Following the passage of the bylaw in 2018, Mashpee resident Glenn McCarthy said there was an explosion of excessive structures that hurt neighborhoods and abutters and harmed the waters with nitrogen discharge.

"This isn't going to stop your kitchen from being renovated or stop you from putting an addition on your house," he said. "This fixes a mistake that I believe we made in 2018. It stops us from putting too much house on too little land."

Marjorie Hecht said she's a potential abutter to four raze and replace projects in her neighborhood and said she fears the character of her neighborhood will change. The houses are beginning to look like hotels, she said.

"There is a lot of scare propaganda that you won't be able to fix your house," said Hecht. "You will be able to fix your house, just like people could improve their property before 2018 with the existing regulations."

Scott Goldstein, a Mashpee resident and a Zoning Board of Appeals member opposed the passage of Article 45.

"We don’t allow for things to get bigger than they are allowed to be in the town," Goldstein said.

Article 45 needed a two-thirds vote to pass. Neither opponents nor advocates for Article 45 reached a two-thirds vote, so the motion did not carry and the bylaw amendment was not approved.

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: Mashpee prioritizes clean water during annual town meeting