12/14/1989 CONSERVATION COMMISSION Minutes

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ti Conservation Commission December 14, 1989 Page 4. SIMMONS: Richard, I would lie to suggest you give us that suggested added language in writing. HALPERN: Sure PHYLLIS PASKA'USI AS: I would like to comment that I heard Mr. Halpern refer to this a-s a bylaw, i t is a regulation and should be referred to as such. HALPERN: It is a regulation. In the second paragraph of your regulations, you use the word fundamental , any attached structure or activity that are not fund- amental to making a dwelling liveable. I question the subjective word fund- amental , und- amental . What is fundamental to one person may anot be fundamental to another person. What is necessary for a dweI l ing to be 11veable for, one person may not be necessary to another person. For example, a person living on the cape in a hone on the water, to -them a fundamental requirement for their home may be having a patio in the rear of their* house facing the water. Hopefully,, on cape cod the weather is real nice and ,you want to sit out on the patio and face the water. To me, and to a lot of people,, having a patio facing the water on a waterfront property is fundamental to your way of living. I think that it is questionable who is going to define this word fundamental . SIMMONS: Bear in rind Richard, e are talking about one of the most sensitive areas along our coast line. HALPERN: I bear in mind that. If you also read ,your bylaw it states there are a lot of properties that may be totally within the ACEI and what this bylaw does is stop somebody from building a garage, an unattached garage. What it does it forces them to build an attached garage, it forces them to use more area and attach it to the house maybe with a breezeway or something because if you do not attach it, a garage is not fundamental to making a dwelling liveable and is therefore not allowed. You have to read that portion of your regulations very literally and it says, besides structure, it says activities and if you read activity, whether a permanent activity, temporary activity, putting a tent in the backyard for a wedding, a swing set or a sandbox are all activities that you could have within the AE ; those are activities that you 're saying are going to be disallowed. I feel that the tiring of this hearing is inappropriate. I would estimate that 90 of the people that this affects are not in Iashpee right now; most of them are summer homes, secondary hones, most of the people that this affects have no idea this hearing is going on that can severl,y restrict the use of their property both in activity and structure. I do not think it is fair for, the Commission to regulate people' s property when most of thea are not here to defend i t. Lastly is the definition of the AE . In ,your regulation you define the ACEs as the ACEI in the Mashpee Code. You have to realize that ACEI, I was gust taught by Mr. Sherman, is different than the A Ec the State has defined,, there is a S ft. buffer difference. That 25 ft. buffer could be changed to 59 ft. , 100 ft*, Soo ft. even. If it was changed to Soo ft. , an enormous amount of people could be affected. As a ratter of fact, in Falmouth they had a recent public hearing on making ng ars AEC Soo ft. from the shoreline and at that public hearing there was an enormous number of people, by far the majority, who didn't want anything to do with the ACEC; they basically told the state, "Go home and don't cone back again". It affects thousands of people. I would suggest. . . . . . P S USK S. Excuse me. HALPERN: May I finish?