10/18/1990 CONSERVATION COMMISSION Minutes

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h -' Conservation Commission October 18, 1990 Page 5. GWSED FOR LOTS 13659 13669 1367, 1368, 13639 13709 1371, 1372, 1373, 1374, 13760 Co1TI uED FOR LOTS 1375s 13771 13789 1379 to November 15, 1990 - 7:00 p.m. Mr. Sherman advised, while New Seabury is present, the protest by Mr. McNamara for the closing of an access with snow fencing should be addressed. There is an existing RDA from 1988 with a negative determination for beach fencing, The original plan showed agap on 1379. New Seabury, when they redid the beach fencing, closed in the gap. Mr. McNamara called to complain and stated -he had deeded beach rights. e i being represented b or, Shea Doliner. Mr. Sherman suggested New Seabury request p McGregor,re to amend the plari--under that determination which calls for a hearing. They have opened the opening and no further work to be dome until resolved. Mr. Grotzke advised 50 ft, down there is a large parking area with a large access area; they wanted to rebuild and protect the dune. Mr. Sherman to call McGregor, Shea & Doliner; New Seabury to request to amend the determination.. NDVEMBER 1 - 8:30 a.m. 8:00 Jolt POND EST -POND CIRCLE: Continued hearing. Michael Forde presenting. On either side of the channel, there were two beaches created at least 16 years ago. The intent of the association is to continue these as beaches and to preserve the sanctity of the waterways and the channel. The last developer, Devaney, offered to sell the titles to the association for $300,000. It waslearned that he never had title to the beaches. Those rights may still be there; quit claim deed will be filed by a prior developer. Every resident of .Johns Pond Estates was sent a copy of the newsletter with the Association's intent. The majority is in favor-, Michael Mai unas is not., For to six feet of sand has gashed into the channel and spread out. It is the opinion of the Board of Directors that they could dredge by hand or machinery to bring the sand back up to the beaches without bringing in any sand and without getting down to the mud. They are seeping advice and counsel and are aware this may have to go through ACO . Mr. Homeyer stated it will and asked if docks wereplanned? Mr. Forde stated they were not. Mr. Sherman asked if the project is to dredge the channel and use the sand to aunt the beach nd��asked i any of the sand would o within - feet of the water? es told it would not. John Harris, member of the association, advised grass will be on the bank to maintain the sand. Mr. Sherman read from the regulations 310 CMR 10.56 B . The threshold does not apply and can be permitted without a wildlife habitat evaluation. It is still nec- essary to keep that-distance with dredge material. Ms Behrman stated modification of the RDA will be necessary. Mr. Sherman advised placement of sand can be done with an RDA, but dredging of the bottom would require a Notice of Intent. Mr. Coffey asked if they had sought advice of the Harbormaster? The new waterways Commission may have input. Mrs. Simmons advised she had a call from an abutter who objected to any dredgi