11/30/1989 CONSERVATION COMMISSION Minutes

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MASHPEE CONSERVATION COMMISSION MEETING OF NOVEMBER 30, 1989 Commissioners Present: rr u Simmons, Louise Behr man, Harry Desrosiers, Joseph Burns and Patrick Coffey. Also present was Elizabeth Terry, Associate Member and Robert Sherman, Conservation Agent. The Public Hearing for the proposed regulations was called to order at 7:00 p.m. The Chairman advised some regulations have been deleted. she asked that all comments be rade cleanly and if some group is being represented, the speaker give the name of the group. The proposed regulations were read by the Vice Chairman.- 10 when an inspection in response to a Request for a Certificate of Compliance reveals that the work done was not in .compliance with the Final order of conditions, the Commission may exercise four options: (a) order that the site be restored to the status as delineated in the order of nl3iins Issue an Amended order of Conditions following any required public notice and hearing. (c) order a new Request for Determination of Applicability. (d) order a new Notice of Intent. The Vice Chairman called for comments; there were none, (11 ) Whenever they fall within the boundaries of an ACE as defined in 174-85 of the Mashpee code) , the following activities and/or construction shall be considered to have unacceptable significant and or cumulative effects upon the wetland values under the Mashpee 1 tlnds Protection Bylaw (chapter 172 of the Mashpee code) : Clear Cutting, swimming pools , patios, and unattached structures and/or activities that are not fundamental to making a dwelling liveable. The burden of proof shall be on the applicant to prove that any of the above structures, construction and/or activities are necessary for their dwelling to e buildable and/or liveable. COMMENTS DAN HOMEY ER; I am just speaking for myself. What maces activities necessary, it' s rather a broad spectrum here. Are ,you going to define this It could be anything from having a picnic in the backyard being unacceptable to raising cattle; how do you define it? Ms Bels rman asked -the Agent for a definition of making a building liveable. ROBERT SHERMA ,: In -conversations with Town Counsel , they spoke about the basic amenities of having a liveable strutcture which would incline shelter, heat, lights, etc. Some of the applications that come before us in A E ' s include what we would consider to be an ancillary activity. In other words, to have a swimming pool , you can have a liveable house without a swimming pool . HOMEYER: Including activities that are not fundamental to taking a dwelling liveable i s what I 'm questioning. You don't necessarily have to have a barbecue in the back yard.