01/25/1990 CONSERVATION COMMISSION Minutes

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r Conservation Commission January 25, 1990 Page 9. M . Halpern stated if people want to walk along the bluff th should be allowed. CLOSED - ORDER OF CONDITIONS IN 21 DAY . 9:30 Kenneth F. & Patrician L. Pa olski for a Determination of Applicability on a proposal to rebuild and renovate a dock at 351 M nomoscoy Road. Patricia Patr 1 sk i presenting. A boat slip 121 X 301 is adjacent to the dock which has been there since they purchased the property in 1975. A picture taken in the 1940' s was shown to the Commission with the slip and dock. They would like to replace the pilings and decking for the dock also. The slip has filled in to the point where it is difficult to get their boat into the slip. It is proposed to dredge, either by h6nd or with a bobcat. This material would be transported back into their; dint driveway to level it off. The Shellfish warden stated he has not looked at the slip but that it is in a shellfish area. He agreed to provide more specific information. Mr*. Sherman advised, after talking with D.E.P. , he is of the opinion that negative determination could be issued on the dock construction but not on the dredging aspect. The slip is old and since silted in it has been colonized by marsh grass and performance standards state no portion of the salt marsh shall be destroyed. D.E.P. started there was no legitimate way a negative determination could be made on the dredging. There would be a problem also with land under the ocean in the performance standards. The Commission cannot say that it does not alter and cannot therefore say it does not need a Notice of Intent. Mr. Coffey asked if the dock could be done without the dredging or to be done . at a later date. Mrs. Parr l sk i stated it would not make sense to do the major work on the dock without the slip as it would not enable thea to access their boat. Mr. Sherman advised the performance standards for land under water are not as strict as for salt marsh. He suggested if they dredged only that part that is unvegetated, this might be possible. He stressed "might" . A Notice of Intent would be required. If a negative determination was issued for the dock and ps i t i for th'e slip, the appeal process would be available to them. Mrs. Simmons asked, if proceeding with the RDA, it be stated bow the dock would be removed and that very specific measurements, etc. be provided. CONTINUED TO MARCH 8, 1990 - 8:15 p. . Mr. Halpern presented a copy of the new mooring application. A memo to be seat to the Harbormaster sten re filings. WORKSHOPS: Barnstable County - February 8, 10-12 State Pesticide Regs. Vernal Pools,, by Natural l Heritage March 11 . MAC March 3. Workshop on Office Management - February 12, Agent & Secretary to attend. Environmental Law Seminar - February 7.