11/01/1990 CONSERVATION COMMISSION Minutes

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MASHPEE CONSERVATION CUMISSIOI N=DC OF NOVEMBER 1, 1990 Comissioners Present: Patrick Coffey, Harry Desrosier , Duncan York, Frank Homeyer. Also present were Susana Iannik, Associate Member and Robert Sherman, Conservation Agent. The Meeting was called to order at 7:00 p.m. 7:15 NORMM EAYES NORMcarne before the board re Belkin, 528 Triton way. Ms Lan lk stated if this is in the nature of a hearing she would step down. Mr. Hayes advised it is very informal. He continued, in 1986 a Notice of Intent was brought to the commission for the armoring of a revegment on an eroding coastal bark between Lots 527 and 529. The Cor fission correctly denied the application as there was no house on the property. 1n 1987 DEQE issued a denial on the appeal for the same reason. A supreme -court decision came down in January of 1989 from the adjudicatory hearing stating 18 different performance standards to be followed and DEE issued a final superseding order. A new Notice of Intent under the Mahpee bylaw was submitted, Mr. Sherman asked if the final order allowed the revetment and Mr. Hayes stated it did; it was a landmark case. The Commission gage a final order to coincide with DEP on 3/29/89. They are now ready to proceed. A Notice of Intent will be submitted to permit a house on the lot as it exists today to be contracted after the bank is stabilized. He is seeking the opinion, or suggestion, of the conmdssion. They are not going to build on the coastal bank and there will be no adverse effects. He � asked if the current standard allows for 5% or 100 S.F. on a coastal bank; they are not going to do that. Mr. Sherman asked how a revetment can be put in without exceeding those thresholds? Mr. Hayes advised the seawall is already permitted. It will be 20 ft. high with a shelf vegetated with indigenous plants ie, bayberries and beach plum. It w111 be maintained with a fertilizer program of 32-3-2. Mr. Homeyer asked if tt meets Title v and has gone before the Board of Health? Mr. Hayes stated there will not be a breakout problem; it will go towards the road. He did not believe it has been before the Board of Health. Mr. Hayes advised a legal issue is being,handled by attorneys. When the final. Order came down from DEE it was for the first Notice of Intent which was filed 10/10/86, denial. 10/23186; appeal to DEE 2/22/87 which was denied; appealed t superior court 2/24188 and a final. Order of Conditions issued by DEE 113189. There was a hearing with the Commission on 3/9/89 and it was approved by the Commission. The plan will be in accordance with the ruling. The date on the cover sheet was incorrect and reflected the 10/10/86 filing and should have been 3/9/89 filing because the First one was denied. He requested the 'commission to issue a. new cover sheet. Mr. Sherman stated they would have to request an amended order of conditions with abutter notification as there has been a contentious history. Mr. Hayes agreed but questioned the necessity of notifying abutters at $2 each for a hearing. He will consult with Mr. Belkin.