12/14/1989 CONSERVATION COMMISSION Minutes

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4f A HPEE CONSERVATION COMMISSION EE-T I G OF DECEMBER 1 , 1989 Commissioners Present: Gertrude Simmons, Joseph Burns, Patrick Coffey, Harry Desrosiers. Robert Sherman, Conservation Aent, was present also. The meeting was called to order at 7:05 P.M, PUBLIC HEARING: The chairman advised the fines are proposed fines and the Commission will not take any action until they are acted upon by the Attorney General . The Commission is also conferring with other towns that already employ ion-criminal disposition. She read from a letter from Town Counsel : "On November 13, 1989 the Town Meeting, under; Article 3 ,, adopted an amendment to the Mashpee wetlands ProtectionBy-law to provide for the non-criminal dis- position of by-law violations under the provisions of Chapter 4 � Section 29D, of the General Laws. The effect of this change is to authorize the Conservation Commission to establish a ;penalty schedule for violation of the b --law, with no penalty to exceed $300.00, and to authorize the Conservation Commission Agent to issue non-criminal violation notices. This means that the Conservation Commission Agent may issue a violation notice to a violator. The person accused of the violation may elect to adroit the violation and pay the specified fins to the Clerk of the District Court instead of having to appear before the Court and answer to a criminal charge of by-law violation. The election to rake the payment shall be non-criminal in nature and by statute no criminal record of the case shall be entered on any probation records and the payment made to satisfy the charge of violation shall not be deemed to be a criminal proceeding." Any person receiving a violation notice who desires to contest the same may do so. In this event, the non-criminal disposition procedure is not available, and the matter is treated as a violation of a Town by-law. Mr. Coffey read from the proposed fine schedule. Mr. Sherman added, under number 10, the Commission has decided D.E.P. numbers should be permanently displayed. That last phrase, "for which a Certificate of Compliance has not been issued" , should be struck. Mr. Coffey asked if that was a continuation of Regulation 8 which was adopted on August 24. 1989 and was told that it was. COMMENTS: MICHAEL GOTKE, representing himself: Item , Use of Motorized vehicles, the commission will recognize that I have written a letter to bring to their attent,i on that there are a lot of motorized vehicles on the coastal resources within New Seabur , the State Parke and the town beach area. I think the town parking lot is essentially a resource area and is there going to be a distinction made between where the resource area starts and stops and will there be exceptions as to where vehicles can # this is pretty vague. SIS: We will have to rake that clear. COFFEY. I think resource specifically applies to a wet area.