HomeMy WebLinkAbout1988-04-20 Bylaw Committee MinutesBY -LAW COMMITTEE MINUTES #127
, April 20, 1988
Members present: Ed Murphy, George Theophanis,
Nils Nordberg and Dolores Carroll.
7:35 Chairman Murphy called the meeting to order in the Employees'
Lounge of Town Hall.
Minutes of meetings Nos. 124 and 125 were read and accepted by
a vote of 4 -0.
Beth MacKillop, Conservation Commission Administrator and
member Joan Nickerson were in attendance representing the
Conservation Commission, along with Town Counsel, Ted Cohen,
Bud Margosian and other concerned citizens.
Petitioners against Article 21 as worded were hearing two
arguments. Most of the discussion on ConsCom rules and
regulations and how they were being implemented (existing
by -law vs. proposed by -law).
ConsCom has promulgated rules and regulations irrespective of
state regulations, drawing upon the state regulations only when
necessary.
The By -law Committee previously voted against recommending this
article by a vote of 2 -2.
Nils Nordberg summed up Ted Cohen's discussion by saying that
in his opinion ConsCom has the authority to promulgate
definitions which deviate from a set of state regs granted them
by Section 11 and earlier reference of Article 32 as to what is
applicable.
George Theophanis asked Ted Cohen if he could suggest wording
to clarify Article 32. He agreed.
Nils asked if our By -law should refer to a specific date. Use
state regs of a year, along with ConsCom regs, i.e., use 1978
state regs and ConsCom regs. Ted Cohen felt that we should
have a definable year.
George Theophanis questioned Town Meetings control of the
by -law as presently worded, to which Ted Cohen answered that
ConCom adopts and has power to bring recommendation to Town
Meeting. If a citizen has a problem with the ConsCom
must hold a hearing.
Beth MacKillop suggested not referring to dates as its less
confusing to citizens. One set of regs is easier for the
Commission and the public. State allows the ConsCom to adopt
own rules; however, they are open to suggestions as to how to
4W fine tune and improve the by -law.
9:35
Ted Cohen suggested deleting reference to 1978 in by -law and
having ConsCom adopt their own regs.
Beth asked to have the ConsCom notified whenever the By -law
Committee discusses anything pertaining to the ConsCom.
A citizen present informed us that the Town Manager was working
with the Town Planner to set up a plan to inform the public of
steps to follow when applying for a permit.
Chairman Murphy recognized Mr. and Mrs. Bagan, petitioners of
Article 32 of the Warrant. They thought they were before the
CPDC to discuss paragraph 2.2.3. of the Zoning By -laws
pertaining to Automobile Graveyard. They are concerned with
unregistered vehicles rotting away in driveways. Chairman
Murphy informed them that this was a Zoning By -law; that the
By -law Committee reviews and makes recommendations to Town
Meeting. It was further explained that the Town Meeting member
who makes the motion on their behalf needs to have the motion
properly worded.
On motion of Chairman Murphy to reconsider our position against
recommending Article 32, the Committee voted 4 -0 in favor of
recons,depation.
The Committee reviewed a letter from the CPDC dated April 20
supporting Article 32, as amended, by a vote of 5 -0
Committee adjourned to meet on Wednesday, May 25, 1988 at
7:30 p.m.
Respectfully submitted,
Dolores S. Carroll
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