9/30/1986 CONSERVATION COMMISSION Minutes

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Informational Meeting September 30, 1986 Page 1 .' Q. P. Fanto i : Could the Commission, if enough information has come forward through the appeal process, be willing to change its opinion on determination? (G-McG: That i t' a n do at any time. ) Without public hearing? (No, for good cause the Corm scion may revoke or modify a permit issued after public notice and public hearing -and notice to holder of the permit. ) Q. P. Fan to i : Can the Commission, for good cause, without being petitioned to do o by the project proponent, change its decision. A. . o : lies, theoretically every governing body can modify its decision but it i highly limited in this power. It is a doctrine called reliance. If new inform- ation nform- ti n is learned or there has been a mistake, however, they can only do so up to the point where the permit holder has justifiably relied on the permit. Q. .A. Ferragamo;o: ou l d you review the enforcement provision? -A. .I o : Under ri h..t of entry, state statute states that the Commission and its _agents have a right to enter property to review a Notice of Intent. This says for the purpose of performing its duties under the bylaw. Paragraph two i' es the omml-ssion the authority to 'issue a ministrative orders , enforcement ent orders. Paragraph three requires the ,town to take l g -1 action for enforcement under civil law. Paragraph four is a cooperative type paragraph with Boards and officers building a bridge between. the commissions. Paragraph five, a boilerplate, i n order to have violations be a crime and to in- voke the state statute that s.pecifies the maximum fine is $300. This might have been amended to $500. A statute says a violation of town bylaws can be a crime if town bylaw says s . The next sentence is to male sure that each day of vio- lation io- lation i defined as a separate violation. Q. A. Ferragamo: If I am in violation and want to go to court and it tabes nine months, what is the procedure? When notified the violation stopped. A. You would be liable for each of those days for up to $300. of proven violation but only if the District Attorte prosecutes you. If you win, that s the end of i t. Last paragraph, the ticketing approach to environmental violations, a statute, Section 21D Chapter 40, in State laws allowing towns if they invoke this section in their bylaws to use non-criminal disposition in order not to give violators a criminal record. Q. A. F iorent i n i : This document, if and when approved, as written or amended, i there going to be an accompanying document called regulations or do we have to try to interpret the legal meaning of these items or will there be a booklet to define in detail the meanings. L. Behrman: An informational- booklet is needed. A small handout might be available for town meeting . meeting was. adjourned a : i o p.m.