12/14/1989 CONSERVATION COMMISSION Minutes

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Conservation Commission December 14, 1989 Page 3. Stanley Kanter speaking,, continued., to get A crane- on my arty 1 in the e ch, but where I have a wind turbine that reeds repair' SHEAR AN: Is that adjacent to your house's KAf TE Yes-. SHEAR iAN: That wouldn't be in the resource are, that would be in the buffer area and would not be affected. SIMMONS: I f you were to call the agent, he would be able to address this and tell you if you geed further authorization from the commission* KA TEP: Maintenance of a seawall is a similar kind of question and I think it's _closer to the areas you are talking about that has been allowed by the courts. SHED A : That would involve, depending upon the nature of the maintenance and how sensitive it was, either a call or contact* Two other categories may involve a f i l-ing of either a Notice of Intent or Request for Determination of Applicability so that a right to maintain is built in by law, but it has to go through proper charnels. ADDITIONAL REGULATIONS: The Chairman called for comments. RICHARD HALPER : My comments pertain to the regulations involving the r;cE*,. It is my feeling that the Mashpee Town law allows the Commission to make regulations to effectuate the purpose of the bylaw and I agree with that l00% and during the torn meeting it was voted on it was stated those regulations would be procedural regulations for operating the bylaw. I believe the Commission in this regulation is attempting to create a regulation which in effect puts re str i o Lions on land and in effect is creating a zoning regulation. i believe that that requiation wou i a have to be put into the town zoninq bylaws and voted on at town meet i nd. i believe it cannot be out in as a reauiation. it restricts a lot of usage of land in a ceirtain geo4rap icai area. in tris oarti uiar case tine ALES,. one test read that l iterd1*1 Y, that it coos have d restriction in the ACEC, and I believe that it cannot be Dut in as a re uiation and it should be a zoning b ia■1 oiea n a fine town m ii qa i will take vour comments under advisement. ■i A 4 Fyrr+�� F14ALPER' : At d previous hearing on November 30, 1 made - e statement that if you read this bylaw l i tera l ly. . S I ONS: You' re talking to #11 still I 'm talking to #11 . If ,you read the regulation literally it would practically eliminate the construction of docks in a large portion of the Town of Mashpee. The answer I got back from the Commission was this does not apply to docks and I accept that answer. I would also like to look at the literal reading of this regulation. Mary people in the Town use sail boas, motorboats, canoes, fish in Waguoit Bay, Hamblin Pond and Jehu Pond; those three areas are within the At EC and if this bylaw is read literally, those things, sailing, rotor boats and canoeing are activities in the ACEI that are not fundamental to raking a dwelling liveable and if ,you read it literally, it basically says you cannot do that and if ,you take that one with the docks, I would suggest to add in the following that could really answer this: This regulation does not include the boundaries of high Water lark seaward. If you put that in your regulation thea it would solve the docksrob l erg and the usage p g of boats,, canoes, fishing in the A E , which all of Hamblin Pond, Jeh u Pond and Wa uo i t Bay is in the ACEI.