2/10/1994 CONSERVATION COMMISSION Minutes

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Conservation. Conmdssion Public Hearing - February 1 , 1994 Page 4. Mr. Sherman stated 95 of what is being presented is the same as the state regs. Where are things which are different which would affect Brian and everyone else. This was not written for Brian but for the town as a whole. r.. Desrosiers stated the Commission is not looking to give Brian any special } priveleges because he is working for the town, the Commission is looking at the town's wetlands and is looking to gain some control of the things that are being proposed to be done. The Town and it's population has indicated that it's chief resource is It's wetlands. The Commission is not trying to restrict people, one of the reasons to get this done is to help some people who are in the process of filings that would affect some of these things. Mr. Sherman stated there was no intention to slight Brian, or anyone else, when not personally notifying him. Previous Town Counsel had advised that legally the correct way to do it was to do as we have always dome, to put legal ad in the newspaper and do not contact individuals because if you contact one and forget to contact someone else, then they have a grievance. Mike Mirto, a fanner in Mashpee, stated when he started farming gree years ago he did it under 61A and all those rules. He was directed by Town Planner and. boards on the rules of farming.-Under hose rules it would be .i rosille to farm. ' Ile called the Fara Bureau.,afid Dept. of. Agriculture of,,,the State and has been receiving all ,r Inds of paper work, court casens, document tio 1 etc. , and under general laws the town, with bylaws or anything, cannot inter- fere with. agriculture. In the general laws, under conservation, there is a law stating what conservation can do in dealingawith ag iculture. T ` ■J r `y IL+ HI is trying to find out if the Commission has researched as he has. He received a communication fr mn the Fara Bureau in Iay*of.1993 concerning the regulatory changes developed..clarifying:. the."agricul-tu al ekemption. He asked if the Comission was aware of this and was told they were. Mrs. Ferriday asked if he had any wetlands on bis property's He did not. She stated the or s ion would have no jurisdiction over his farm. Mr. Mirto stated, from what he can gather, if he digs a hole on his property which then. fills with water., this would then. fall under the Cori s s ion's guidelines. Nor. Sherman stated not necessarily, he would have to give a more specific description, Mr. Horneyer stated if he did and then a wetland plant grows around it, it becomes a wetland. That is what happened with the Costco deal.. You can dig a farm pond and you get the 50% growth of wetland plants around it, it is thea a wetland.. Mr. Sherman stated it would. not if it is land in agriculture, Mr. Mirto read from the General saws concerning Conservation and Agriculture. Agriculture is very powerful and they are taring to make it sustainable, not where a farmer makes less money than anyone in this room. with all these regulations, that is what the State, under the Farm Laws has already enacted. There is nothing this town can do unless for public safety or health hazards, not a nuisance or oth nd e, that is the only thing that can stop agriculture, the only two things, Mr. esrosiers stated the or fission is trying to gain knowledge of those things that are being done so that it can prevent things that could be done to damage water supplies and the interests of the Act.