9/30/1986 CONSERVATION COMMISSION Minutes

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Informational Meeting September 30, 1986 Page 3. A. G. cG: Think of jurisdiction under the Wetlands Act and the bylaw as being triggered by work of a certain type affecting a resource area of a certain tYPe, ie, dredging; filling; moving ; building on. or altering , that 's the work. The following resource areas, these are the areas that trigger, wetland type areas are protected with regard to work that affects them. Q. A. Ferragamo: 1 notice in other areas you use the word unacceptable, it comes and goes throughout, such as 4.3-7. He questioned the use. A. .Mc . : That is because where one does work or proposes work, that wi l 1 affect the resource areas. That just triggers the need for a permit. It does not mean .9 . _ i is 11 1 ega 1 . - The' commis i. n dec1 des whether to allow the work and on what con- A l t i ons 6 base f on' the significance of the area to one of these values, Q. A. F rra a :.,. it would seem to me if your are goingto u.se the words s nif cant 9 or cumulative effect, that express' on, you should either preface [ ..with unaccept- .abl a throughout or you should drop it for certain portions. i get the feeling the unacceptable i s a good word to'hang your hat on when you need i t, but when you don' t .want or geed it., its not in there. A. .plc . * !f you did not have the word unacceptable where you' re reading,. then the applicant never cost l4 get perm i s-s io n. L. eh rman: Anything you do in a wet-lands i o i rig to affect -the wetlands area . -G, cG. : I wanted to give the Commission the flexibility to allow work. If you could show the effects weren' t unacceptable, that is the judgement they should make. If you strike the word unacceptable. , . . . A. Ferragamo: I 'm not say i ng strike the word, I 'm saying add the work unacceptable wherever you use the expression significant or cumulative effect because in some areas you are and some you aren' t and that concerns ane. G.Ic : can you think of where you would like the mord unacceptable inserted. It i 1 1 probably change the meaning .of wherever you insert it. If you can show us where you have i n m i nd, I wou l d be happy to take a l ook a t i t. A. Ferragamo: How about under= the f i rst paragraph? G. Ic : Because the answer is the unacceptabl eness 'of the work can ' t be known u_nt i 1 someone applies and has a hearing and the Commission makes a judgement. The purpose section -is not intended to prejudge what is or is not allowed to happen in the wet- lands. Peggy 1=an to i : To follow up on the first speaker, with scenario to point out why this Particular act and regulation i s being promulgated and why a resource area is being considered s ign i f i can-t, if you take that paragraph and, for instance, deal with a recreational incidence, doesn ' t this Mean that the Commission, theoretically, with a proposal in front of it, that calls for a change in use from a Mom & Pop oper- ation per- ation on a' particular estuary, it be-Ing the last one of that kind of service avail - able vail _able to the public, to housing , condos or whatever, wouldn' t it under this premise give the commission the opportunity to turn down the project, based on cumulative effect as pertains to a recreational n be available in that estuary. use that will.�, of