3/3/2009 CONSERVATION COMMISSION Minutes

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i x Agent McManus requests that comments be spoken clearly for recording and documenting in the minutes. The Agent also reminded Commissioners to.always avoid seeming arbitrary citing a reason as it relates to the performance standards. A vote to deny will require that a reason be cited because it needs to be documented. At tunes, consultants will compare projects to historical decisions made by the Commission and Agent McManus anus emphasized that each project must be judged on its own particular application during the decision making process. The project should not be compared to another when making the final decision. Sub-Committee Ideas Agent McManus would like to encourage involvement in developing Sub-Committees for the Commission. Regarding Regulations and Review, the Agent feels that some of the wording could be adjusted. He would like it reviewed to determine what is outdated and can be eliminated and take a look at areas that may need enhancement. A Conservation Lands Sub-Committee could address such issues as signage and access. A Stormwater Runoff Sub-Committee is necessary because it has such an effect on resource areas and the issue has been somewhat ignored. Mashpee catch basins are outdated and it would e helpful to work cooperatively with the-DPW. The Chair expressed concern that many storm water basins do not fall in the jurisdiction of the Commission to which Agent McManus confirmed many are within 0- 0 feet of rivers and wetlands making it fall within the Commission's jurisdiction. Mr. Cross asked if Associate Commission Members were eligible to sit on Sub-Committees to which the Agent responded yes. Regarding Pond and Lake Management, it was stated that both Santuit and John's Pond already have organizations. Agent McManus feels that Regulation Review and Cranberry Bogs would be his.priorities for Sub-Committees. Mr. Cross asked about issues of enforcement as it relates to methodology. Agent McManus stated that he is encouraging detailed narratives from the consultants, but time is limited for the Conservation Agents. Mr. Cross specifically wants to know how pilings will be installed. The Commission discussed the need for including the information on the narrative, or risk having the application denied. Agent McManus pointed out that if the Commission began to deny incomplete applications, consultants would start to submit more complete applications. Mr. Pinaud suggested that Commissioners must be consistent to ensure fairness. A discussion commenced regarding the list of recommended consultants. The Agents stated that the list is not an exclusive list of consultants, but it is a tool for applicants who need help with the application process since the Agents do not have the time to assist with the applications. Mr. Pinaud expressed concern that-the list should be complete or not provided at all because it is a risk to make a recommendation. Agent McManus stated that he does not recommend anyone specifically. Ms. Costa stated that she uses lists in real estate and it is a liability only if someone i.s recommended specifically. Resource Materials Agent McManus listed a number of resources that are readily available in the office. Phial Thoughts Mr. Pinaud referenced a prior hearing at which Mr. Mates pointed out vagueness In the pruning guidelines s it relates to condo associations. The Commission discussed the guidelines vs. the regulations, but Agent McManus emphasized that they are in place to assist Commissioners with their decision making process. Mr. Pinaud prepared and distributed a cheat sheet describing differences between statutes, regulations, policy and guidance. Mr. Pinaud provided definitions and examples of each item and emphasized that the performance standards are part of the regulations meaning that they can be enforced. Agent Leidhold added that the guidance document is referenced in theBy-law and emphasized the importance of consistency and it must be applied across the board if it is referred to in the By-law and/or Regulations. Mr. Pinaud cautioned that there could be some loopholes since guidance and policy is not enforceable. ff there is something that should be in theBy-law, the Corr mission may need to take a look at making changes but changes would need to be open to public comment. The Commission discussed 4