01/11/1990 CONSERVATION COMMISSION Minutes

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Conservation Commission January 11 , 1990 Page 2, Mr. Sherman stated he feels the project meets performance standards. COMMENTS: Gerry Umina questioned whether a decision could be made with his appeal of the Board of Appeals decision pend i ng. Mrs, Simmons stated the appeal was not a legal appeal as it was not done by legal counsel . Mr. Umina stated the notice he got came from the Town Clerk's off ice and that is where he made his appeal . The letter he sent was on time. Mr. Halpern advised the only appeal to a Board of Appeals decision is to Superior Court within 20 days after the state stamp. . Umina stated the notice came from the Clerk's office and that is where he appealed, he will appeal to Superior court. He does not want to see the use o the ramp done away with, the concrete ramp cannot be used with the dock over it. Ben Lofch i e of the Association advised the State ramp is 60 feet from the* , everybody uses the new state ramp. Nor. Umina asked if there normally is a problem with floating dock over a shellfish area? Mrs. Simmons stated there is when over a shellfish area. He asked if that was a good shellfish area. Nor. Somerville stated, based on -his evaluation: the areas to the south on either side are considered quahog habitat* It was noted there will not be a permanent parking area, only for loading and unloading. They are going to limit the size all the way back to the shore. Mr. Homeyer asked what the problem is with a dock over a shellfish area? Mr, Somerville advised access is one thing and O.E.P. has discouraged anything from sitting on the bottom because of grinding back and forth; suffocation can also occur. Mr. Umina stated putting this floating dock over the existing vamp is not going to stop people fr m motorizing in the area of the shellfish. Mr, Home,yer asked if the granting of floating docks cane under the Jurisdiction of the Harbormaster? Mrs. Simmons advised floats come under the ,jurisdiction of- the Commission also; a dual application process. Mr. Coffey stated public access is there for; the community and is well served; he spoke highly in favor of the project. Mr. Burns asked where the dinghies will be stored and was told they will be lined up and left floating; they will tray to avoid leaving their on the beach. HEARING CLOSED - ORDER OF CONDITIONS IN 21 BAYS. Mr. Halpern stated a vote is required to close the hearing and he would rather not vote on it as he sat for the Board of Appeals.