9/30/1986 CONSERVATION COMMISSION Minutes

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i A H P E E CONSERVATION C hi1 Ig BY-LAW INFORMATIONAL MEET I September 30, 1986 The informational meeting on the proposed Conservation Commission by-law was held in the Cafeteria. of Town Hall with Consultant Gregor McGregor present. The meeting was called to order at 7:05 p. . The Chairman informed the audience the proposed by-law was drawn up 6y Gregor McGregor to replace and bring up to date the current torn by-lawA hearing, prior to the May Town Meeting last year, received no public interest at that time. It was decided to hold another public hearing prior to the 'upcom i ng Town Meeting as a forum for the public to ma .a� their comments !mown either for or against the by-law, -.,The floor--was-, opened to questions or comments. . - nthony Fioventi n. :: -.. o the - items i teas i n each document stand on their own so that _ a i n.- try!ng. to .. p-1 y .i t ,.the wetlands regulations and. res tr i ct tons, when you go H ne by .1 I rye, '_do they stand on then r own so that with the sure total you must copy i a k of t heme.' or i.f n. i tem ' i in one document and is slightly d i f f- k - erent or not in- another document, does a document prey l 1 . A. c :' If ashp a enacts a by]-aw and i f l a hpee, through 'Its onser a t ion Comm- ission, omm- is ion, pr.ornu l ga tes ru,les and regulations under this bylaw- which govern the b - I-aw or regulations,'. the answer is. both unless there is a conflict in which case the bylaw governs. The. bylaw when enacted by Town Meeting becomes law in torn and any rules and regulations issued by the Conservation Commission, as the bylaw says they can do, must be consistent with the bylaw. The bylaw is the framework,, the skeleton, and the regulations flesh it out. The bylaw does stand alone, the town doesn't have to have regulations, but the power is in the bylaw for the. Corm i s s i on t have regulations like other boards. If the bylaw and the Wetlands Protection qct read differently or require different things, both apply, the State procedures as a minimum and the town is free to build on t h ext . if ars appl i cat ion is filed to wort , i n wetlands after this bylaw is enacted, a developer wi 1 1 have to file the information requ i red under the State law plus the information required extra by the Commission. This does not replace the Wetlands Act, it supplements it. Q. Vernon Thomas: According to that, which would prevail . Say the State is the minimum and. the town builds on it to make e a maximum, which would go first. A. . lc . : The developer gets to choose whether to apply under both laws at one time or one first and the other later,' It is not a question of order. if a developer gets a permit under the State law but gets disapproved under the local bylaw, this project gets disapproved. Earle larsters; Questioned th'e use of the term developer and not just property owner. ; t seems - to be excluding property-owners' when you say developer. Dev- eloper carries a cnnta t i on. You should be- as re its any property owner.