05/23/2024 CONSERVATION COMMISSION Executive Session

Home Browse Search

o Q: What happens if the Commission's decisions are based on state and local wetland bylaws and overturned by the DEP? A: If the DEP overturns the Commission's decisions, it issues a superseding order of conditions. However, the DEP does not get involved in the bylaws. If the Commission successfully appeals the bylaw decisions, the local bylaw takes precedence over the state regulations. The DEP appeal is an intermediary step, and if the Commission is unhappy with the DEP's decision, it can further appeal to the Superior Court. The Agent reads the denial letter to the Commission. Remand Hearing Announcement Recommendations The title on the public notices should specifically state that it is a remand of the Barnstable Superior Court, Case #. Abutters should be renotified through certified mail. Mullen Rule applicable to the remand: Should the Commission wish to include the new members in the vote, this should be expressed within the remand motion. This will be addressed and discussed with the applicant’s representatives. 190 Monomoscoy Road o Same type of proceeding and process must be filed by July 19. o If the Commission is satisfied with the record as the foundation for the case's determination, the record will be submitted to the court. The council will then draft a written argument supporting the determination, which will be presented in a single hearing before the court. o The primary basis for denial is that the Commission has increased the buffer zone setback regulations. However, this is unachievable due to the lot size and proposed single-family dwelling. o The question was whether the Commission would consider a remand if the applicant were receptive to a waiver request. It would depend on the applicant's effort to reduce the footprint and disturbance. However, if the Commission has based its ruling on the new bylaw dimensions and is applicable to the project, this is sufficient reasoning for the denial. 4