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BY -LAW COMMITTEE MINUTES #127 <br />, April 20, 1988 <br />Members present: Ed Murphy, George Theophanis, <br />Nils Nordberg and Dolores Carroll. <br />7:35 Chairman Murphy called the meeting to order in the Employees' <br />Lounge of Town Hall. <br />Minutes of meetings Nos. 124 and 125 were read and accepted by <br />a vote of 4 -0. <br />Beth MacKillop, Conservation Commission Administrator and <br />member Joan Nickerson were in attendance representing the <br />Conservation Commission, along with Town Counsel, Ted Cohen, <br />Bud Margosian and other concerned citizens. <br />Petitioners against Article 21 as worded were hearing two <br />arguments. Most of the discussion on ConsCom rules and <br />regulations and how they were being implemented (existing <br />by -law vs. proposed by -law). <br />ConsCom has promulgated rules and regulations irrespective of <br />state regulations, drawing upon the state regulations only when <br />necessary. <br />The By -law Committee previously voted against recommending this <br />article by a vote of 2 -2. <br />Nils Nordberg summed up Ted Cohen's discussion by saying that <br />in his opinion ConsCom has the authority to promulgate <br />definitions which deviate from a set of state regs granted them <br />by Section 11 and earlier reference of Article 32 as to what is <br />applicable. <br />George Theophanis asked Ted Cohen if he could suggest wording <br />to clarify Article 32. He agreed. <br />Nils asked if our By -law should refer to a specific date. Use <br />state regs of a year, along with ConsCom regs, i.e., use 1978 <br />state regs and ConsCom regs. Ted Cohen felt that we should <br />have a definable year. <br />George Theophanis questioned Town Meetings control of the <br />by -law as presently worded, to which Ted Cohen answered that <br />ConCom adopts and has power to bring recommendation to Town <br />Meeting. If a citizen has a problem with the ConsCom <br />must hold a hearing. <br />Beth MacKillop suggested not referring to dates as its less <br />confusing to citizens. One set of regs is easier for the <br />Commission and the public. State allows the ConsCom to adopt <br />own rules; however, they are open to suggestions as to how to <br />4W fine tune and improve the by -law. <br />