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M <br />16 Great Neck Road North <br />-%fashpee, Massachusetts 02649 <br />Additionally, the consultants, builders, and engineers that are hired by these property owners <br />need to understand this bylaw too. We want to invite them in for a workshop as well, with the <br />goal to educate everyone in time for a July submission. <br />Ms. Waygan noted they are not all zoning bylaws, the prohibition of fill in the floodplain falls <br />under zoning. <br />Mr. Lehrer stated conservation could amend their regulations to make these prohibitions <br />outside of the zoning bylaw, however, he feels it is prudent to ensure all regulatory documents <br />are consistent with one another. We want conservation regulations to mirror zoning bylaw and <br />vice versa. <br />Ms. Waygan stated there is something in zoning bylaw about the buffer of 150ft. <br />Mr. Lehrer noted the town already has a setback from water and wetlands. It doesn't grant the <br />Conservation Commission any authority or jurisdiction over that buffer area. We can't require <br />mitigation in that area but you are not supposed to put structures in that area. The Board of <br />Appeals varies this all the time for the one reason that Conservation always approves it. They <br />are not approving it in in consideration of zoning but of wetlands protection. He has worked <br />hard to get them to understand this distinction but it is a very common variance. <br />Ms. Waygan asked if the wetlands buffer would be a zoning bylaw as well. She asked if their <br />regulations require a Town Meeting vote. She also asked about the floodplain fill. <br />Mr. Lehrer commented he does not think that it would. It would only live in the Conservation <br />Commissions regulations. It is granting the agent the authority to require mitigation in a certain <br />area and to enforce in that area. It doesn't need to be in zoning. If there are opportunities to <br />establish that consistency, as he mentioned before, then yes, but it is not required. He stated <br />their regulations do not need a vote. Conservation regulations, much like special permit, are <br />amended by a vote of the Board after a public meeting. He feels it is important with the <br />floodplain provisions for the zoning bylaw to mirror it. He provided an example where the <br />Building Commissioner just dealt with this last week. As we saw floodplain development <br />throughout Covid enhancing, there was a property in Poppy constructed in the mid 80's in the <br />floodplain in totality. They filled in the property, put a basement in, and that's against building <br />code. There were never any provisions submitted. There never should be a basement there. <br />They want to raise and replace this house. They are making a substantial improvement to the <br />house but they cannot keep basement because it is against the building code. That property <br />owner after the fact shot the elevation of the property, recognized there was fill, submitted a <br />letter of request for map revision of FEMA, and they gave them a conditional letter of map <br />16 <br />