9/30/1986 CONSERVATION COMMISSION Minutes

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Informational Meeting September 30, 1986 Page 4. A. : Let' s see 1 f I get the question. If someone is now using private wetlands for a commercial , recreational operation P. Fantoi : or areas bordering the wet- lands. ) et- 1ands, okay, lets take both cases. First, a private wetland is being used for commercial recreational purposes, ie, hunting lodge; fishing, ; tour service; a marina , and the proposal is to rake a non-water related use, like condominiums, restaurant, hones, etc. , your ask if the Commission could disapprove or regulate the change because of unacceptable cumulative effect or significant irmpact on recreation. i would say theoretically yes, but in practical terms the Commission would not hang its hat on that peg. Second .part of the question, if someone has commercial use of the wetland or upland and its near a public wetland, say that marina backs right up' as it probably would on a- public water, and people get to the water perhaps through public wetlands and some ,changes are proposed in the upland area or private wetlands and they would. .i�. affect the public w tla.nds, could the Commission regulate the work in the private * . wetl a-nd' because. of nacceptabl e- s*gn i f i cant cumulative impact on the pub 1 i c wet- lands? The answer- is yes. Q. E l l i s Laycock:- that do you mean by Aesthetics? A. .. c : This Is one- of the key words that would be defined by a regulation of the omm i'ss i on. The Commission is empowered by this -bylaw to write rules and regulations and is. directed to include definitions of key terms. Most Town Mee t i-ng s do not wan to provide that definition. My recommendation t . the Commission would be to: A. Write rules and regulations defining these terms. Tailor. it to the wetlands in town getting advice from landscape architects and the like. Q. Bill McKay: Are these regulations normally all completed before town meeting? (G.McG: , never. So, e' wou 1 d. approve something like this and then (nope the regulations fall in line with the bylaw? . c : They have to. The Commission must promulgate rules and regulations which implement this bylaw. They cannot be in conflict with the bylaw. There are 6 towns that have these bylaws and two have regulations , three have guidelines, the rest have nothing. Peggy Fen to i : If you check in the bylaws that have been promulgated, generally most of thorn don' t have specific- regulations, but Barnstable and Eastham did make their regulations public and were, in fact, voted on prior ,to their accepting them at a town meeting. The bylaw was promulgated subject to the Commission coming back to town meeting with their regulations and not in fact promulgating regulations at hearings such as here tonight. So, as far as the track record goes for the cape, it has been done and 'is being dome. .Mc : I thought the question was having the regulations before the bylaw, that' s why I answered the way I did. If a town meeting decides that it wants to have what you might call legislative oversight, it wants to have the regs back before town meeting to check them, then tha is the privilege of town meeting.