Posted by Dan Weinreich (128.148.30.222) on March 17, 2000 at 11:31:11:
In Reply to: Re: Wetlands or Conservation Bylaws --West Springfield posted by Paul Dick on March 11, 2000 at 05:28:34:
Paul - Has your 12' no-disturb ever been sustained
in court? The Westwood bylaw states that work
within 35' of a resource shall be construed to
alter the resource, which I think means that no
UNREGULATED work is permitted in that buffer. I.e.
my read is that it REQUIRES that the ConComm issue
conditions on work w/in 35' of a resource, which
is stronger than the state requirement to regulate
work INSIDE a resource.
But that's a long way from a PROHIBITION against
work w/in 35' of a resource, and my sense is that
unless we find it impossible to draft an OOC to
protect the resource, we MUST permit such work. So
although we also call our 35' a no-disturb, I don't
believe we can enforce it as such, unless no
workable conditions on the work can be designed.
I'd like to beef our bylaw up in order to PROHIBIT
work within 35' of resources. Do any other ConComs
have such an authority? Has such authority been
upheld by the courts? I'd love details!
Dan Weinreich.