5/14/1980 CONSERVATION COMMISSION Minutes

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-12- Sanchez's Property Letter from Joe Reardon,. cont. by certified mail, within 10 days from said Commission's order of failure to act, re- quest the Department of Environmental Quality Engineering to determine whether the area, etc. Your Commission is obliged to hold a public hearing within twenty-one days of re- ceipt of a written request for same. If your Commission neglects to hold this hearing, the applicant may apply directly to DEQE within 10 days following the date of the twenty- first day. I think you may have confused this issue with that presented in the incident of failure of your Commission to render a decision within twenty-one days from the hear- ing date. Dorothy: That is not correct. We issued a denial. Pauline: I have explained to Joe Reardon and George Benway that we issued a denial. DEQE came down and viewed the site. They did not appeal. In either instance, Joe Reardon' says that the Commission must act within twenty-one days, which we did. Dorothy: Tim Hennigan has been saying that we did not act within the proper period of time and that is not correct: Charles: That is where we started on a research of just what the dates were on all the letters we received. Pauline: Any other input on that? Charles: Where do we stand on it now? He has not 'replied to. our request for a ruling. Pauline: I am going to make copies of the file and send them to Joe Reardon plus the minutes of both meetings and the minutes of Mr. & Mrs. Sanchez. Barbara: Suggests that Board get a ruling from the Conservation Law Foundation in black and white. SE43-76 Ferguson -- Extended Order of Conditions A letter was received from John Murphy, Attorney for William J. Ferguson, stating that landscaping is now complete. He is asking for a Certificate of Compliance in accordance with Paragraph 8 in the Extended Order of Conditions. Pauline: When did we issue an Extended Order of Conditions? Charles: The night that Mr. Ferguson was here with his attorneys and the court clerk. The only thing we had to object to was the piling of the sand on the existing beach grass, which it smothered. We issued an order to him that he should re-plant after removal of the fill. The question then came up of what would be the proper time to re-seed. Wayne said that there would be no sense doing it until the Spring because it would be winter killed. We agreed that during the Spring the beach grass would be re-planted on the front and the side of the house. I was. down two weeks ago and the grass has been planted. He has seedlings set in about every six or seven inches. It seems to be done in the proper manner. Barbara: Did he ever ask permission for that deck?