7/30/1980 CONSERVATION COMMISSION Minutes

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1 -4- EE. Bunikis: I would make argument against that. At high tide there is more water, therefore, at low tide his boat will still not rest in the mud. Chet: Now another thing we are interested in on these docks is how people are going to get around these docks for, clamming or. crabbing. Jim Smith, Atty. : Maybe, I could answer that. I have a Certificate of Title here. The land adjoining the pond is subject to all rights to the public and the tide waters on the pond. So there would be no conflict with anybody coming by. Mr. Bunikis took that into consideration. Mr. Bunikis: I took that into consideration. Chet: What does that mean -- the tide waters? Does' that mean that the public has the right to walk above the mean low water. Mass. State law says that the public has to stay from mean low water down. In other words, unless the man is standing in the water, he could throw him off his land. Mr. Smith: An interpretation is that it is between the high water and the mean low water is the tide water. So the public would have the right to walk over that. That is why he is providing the steps. Chet: Mrs. DeLory that would be a very interesting thing to see that the same condition applies on Cushner's dock. We should have our town counsel verify that the public can walk if the tide water meets between high and low water. Mr. Smith: I have no objection with Mr. Reardon giving any opinion. I do think that one or two other things should be pointed out, One, the public does have a right according to this Certificate of Title to walk over the tide water. There is on the plan an availa- bility and provision for that. The piers on both sketches are temporary and not permanent and can be removed in the winter or during the off season. . It is our opinion that the public or private water supply to the ground water supply to flood control, to storm dam- age prevention, prevention of pollution, protection of the land ,containing shellfish and to the protection of fisheries nothing will be disturbed if you see fit to grant this per- mit. ermit. And that is the provision of the law. Pauline: There are shellfish in there and they will have to be removed by hand and re- seeded. Mr. Smith: We are willing to do any of that. Pauline: That is if the Board approves these piers. Mr. Smith: In your Order of Conditions if you see fit to put them in, we will follow it to the letter. - Wayne: There are other functional things here too outside of that law. If, in fact, there is a 2 foot entrance and this is only 4 feet .. . (interrupted) Mr. Smith: In due deference to him and your policy as to the depth of the pier and the length of the pier and deference to his point and before he stated his objections, I thought 1t was incumbent to allow us to present the case.