10/20/2000 Annual Town Meeting - Laserfiche WebLink

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area(s) are previously altered and/or are not within the control of the project owner/applicant, such as public or semi-public pedestrian, and vehicular access-ways.. C. The Commission may grant a waiver from the regulations for Chapter 172 only upon a finding by the Commission that a project will improve the .natural capacity of a resource area to protect the wetland values identified in Section I of this Bylaw. Further, any waiver pursuant to this sub-section, will only be granted when: (1) best- available technologies/methodologies are utilized to improve the natural capacity of any resource area to protect the relevant wetland values inherent to the site, and (2) any adverse effects on wetland values are minimized, to the greatest extent feasible, by carefully considered conditions. However, no such waiver may be permitted for any project which could have an adverse effect on rare wildlife species. d. The Commission may impose additional conditions in granting a permit pursuant to this Section, as deemed necessary or desirable to protect the wetland values of Chapter 172. Said conditions may include (but are not limited to) imposing limits o project size or effect, or requiring other compensatory measures, such as wetland. replication, wildlife habitat enhancement and pollution attenuation measures. Submitted by the Conservation Commission Explanation: No regulation can anticipate the specific circumstances relative to all situations. The Commission has encountered three situations in the past two years where flexibility, in terms of being able to waive a specific requirement, would have resulted in a net improvement in our ability to protect the wetland values of Chapter 172. In each case, it was necessary to delay the project until we could hold a regulatory hearing to adjust the language of a specific regulation. Adopting this bylaw revision would allow us the flexibility to waive the specifics of a regulation without undue delay for the re-writing and promulgation of a revised regulation. It would only be invoked when rare and unusual circumstances are involved, as when sections b. and c. (above) apply, and only when resource protection would be enhanced relative to re- existing conditions. Motion made to dispense with the reading of the article. Motion to dispense with reading of article passes at :46 p.m. Motion made by Kenneth Marsters. Motion.- I move Article 25 be voted as printed in the warrant with the exception of the phrase, "or tape any other action relating thereto". Lotion passes unanimously at 8,,,46 p.m. Article 2 To see if the Town will vote to designate Great Neck Road North between Old Barnstable Road and Main Street, and all of Pimlico fond Road as Scenic Roads under the provisions of Chapter