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Somerset, Mass.

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Proposed wetlands law gets shelved

01:00 AM EST on Wednesday, November 15, 2006

By C. Eugene Emery Jr.

Journal Staff Writer

SOMERSET — The Conservation Commission has opted to withdraw its proposed Wetlands Protection By-Law after receiving little support from the Board of Selectmen and hearing opposition from some residents who fear that the nine pages of new rules would be overly burdensome.

The proposal had been on the agenda for the Nov. 27 special Town Meeting.

“We’ve made a decision to postpone it,” said conservation agent Christina Wordell. “We want to step back, look at it, address people’s concerns and do more education in regards to a bylaw change before we move forward with it.”

The proposed changes would have given the Conservation Commission jurisdiction over projects within 200 feet of a pond or the town reservoir. The current rule is 100 feet.

It would also have altered the appeals process if the commission had rejected a project. Instead of going to the state Department of Environmental Protection and, if that fails, to an appeals court that deals with DEP issues, the only avenue of appeal would have been to Superior Court.

In addition, the proposed bylaw would have given the commission the authority to directly levy fines against an offender. Currently, the commission has to go to court.

“We do think it’s imperative to increase the jurisdiction around the reservoir, and would like to set fines at a local level rather than be forced to go to court to prevent a repeat offender from doing significant environmental damage,” said Wordell.

But when Wordell sought an endorsement from the Board of Selectmen, she met with strong opposition, most notably from Selectwoman Eleanor Gagnon, who characterized the proposal as “too restrictive,” in part because it “imposes additional restrictions on citizens.”

She said there are enough protections already; the new rules would require residents to jump through more administrative hoops. “If it isn’t broke, why fix it?” Gagnon said.

“I’m halfway with you,” Selectman William P. Meehan told Wordell at a recent selectmen’s meeting. “I like what you say about the reservoir, but Mrs. Gagnon raises some very important points as well. I like the old days when you could come in and just plead your case without the added cost.”

Chairman Patrick O’Neil said he was not sure if he would vote for it at Town Meeting.