The proposed wetlands bylaw was shot down on the Town Meeting floor Tuesday night with residents concerned that it gave the Conservation Commission too much power.

Chair Bob Rogers explained why he pushed for the bylaw.

“We have very comprehensive zoning bylaws and general bylaws in town,” he said. “We’ve got everything covered except for the resource areas in this town that makes the town unique.”

The bylaw, patterned after one use in Freetown, would change the appeal process. Instead of appeals going through the Department of Environmental Protection first, they would end up in court.

Rogers said the town was no longer in the “driver’s seat” and was at the mercy of the DEP. Additionally, he believes the townspeople would keep the most control over the town’s wetland areas because they vote for their own officials and have direct say on local government.

Commission member Marylou Kelleher said the simple bylaw would not change the nature of decisions, and the commission would continue to work with residents and developers seeking permits.

“I feel that there is a collaborative effort the majority of the time,” she said.

Dan Bungert, a former Conservation Commission member, said most people who come to the team do not have a background in wetlands.

"The DEP reviews all appeals and as an agency has expertise in wetlands issues,” he said. “When I was on the commission, we considered them our experts not us. Landowners deserve a fair appeal.”

Howard Tinkham, a second generation cranberry farmer, called the bylaw “draconian” and was concerned it could affect the right to farm bylaw passed earlier in the meeting.

Others were concerned that the cost of an appeal would keep people from getting a fair outcome, and that it would encroach unfairly on usage of their property.

Although Rogers said the bylaw does not expand the commission’s existing jurisdiction, resident and developer Doug Schneider called the bylaw “far reaching and confusing.”

“There are too many issues for town meeting to address tonight,” he said.

Schneider made a motion to indefinitely postpone the bylaw. Rogers was in favor of taking it to a vote, but residents went with Schneider.

The motion carried 142-22.