11/30/1989 CONSERVATION COMMISSION Minutes

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Conservation Commission November 30, 1989 Page 2. SHERMN: No one is talking about a barbecue in the bac kyard. Ho EVER; Well , how are you going to define this because you have such a broad spectrum here. SHERf N: 'We're tolkirig about something to gale a dwelling liveable, certainly having a barbecue in the backyard. We're talking about such things as would alter the wetland or the buffer zone within an E ; such things as accessory structures ie. , pools, patios, etc. certainly this is not to prevent someone from having ars hibachi i n the backyard, Would anyone like me to explain what an ACEC 16S. (Several people from the audience replied in the affirmative) . It is an area of critical environmental concern as defined by state law where activities or pursuits or construction may have a deleterious effect upon ars area which is critical environmentally, In Mashpee, it concerns the Waquoit Bay area, dehu Pond, Hamblin Pond. He invited the audience to Griew the snap in the Conservation office. MICHAEL RET KE: I ars representing myself. I could see where clear cutting may have a deleterious impact within ars ACEC but already there is a regulation or process for having a structure built in an ACEC which is fairly rigorous and those structures are reviewed. To say you can't have these thins in the ACEC is unfair because there are many instances where I can see there is absolutely no detrimental technical environmental impact if you do have a patio or a swimming pool and so forth in this area. I think tonere is already enough regulation in force to. assure that something that will have a negative impact on the environment will not occur. P EH : We do consider things on a case-by-case bas I s. We are looking at this however, within the framework of the Wetland Protection Act which is a general act which applies to the general resource area. Within that resource area, we have specifically, in this town,, defined rued one area of critical environmerntal concern which by implication certainly denotes a much greater sensitivity to interference and upset by human action. We have general regulations that apply to all areas but this is one area that by State and Local action has been defined as an area that does require a c t i-n amount more protection and this is what we formulated in response to that. ANTHONY EIO ENTI [I : I am having a little difficulty taking aboard, not the intent, but the wording of this paragraph. The question i n ray mind i s, I start reading it as if you're going to build or going to do something , it' s an initiation of an action that is neither a construction or a cutting, but what happens to maintenance? There may be things that are perfectly all right, but you have a rotted board on a patio, steps, or something; this doesn't give you anything about that, this treats everything the same and I would think, in ars emergency, anything that is purely maintenance should be treated separately or differently* EHRM N: Maintenance of a pre-existing structure is already protected. (Fiorentini : But it doesn't say that here) Under State and local law that's already protected, SIMMONS: It doesn't have to be specific here because it' s already taken care of in the General Laws and if ,you have a structure that has an order of Conditions, the order would give you permission to do maintenance and if your didn't have it written into ,your orders and you were in doubt, all you would have to do would b - to contact the Agent and say, "Look, I grant to repair my patio, it' s fa l l i rng apart" and ,you would be given this permission. i