02/08/1990 CONSERVATION COMMISSION Minutes

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conservation Commission February 8, 1990 1 o Page 8. . Slavinsky stated to file a Notice ,of Intent the process would be one year. [fir. Sullivan stated he called Jeff Martin at D.E.P, who advised him how to proceed. Mrs. Simmons stated under emergency certification they can only do that work which will stop the emergency and not go beyond that. Also, it must be done within 30 days. Mr, Slavinsky advised elevations at the top of the wall are 2" different than they were 8 months ago. 1r. Sherman stated under Chapter .131 .40, emergency is for health and safety. They want the commission to give approval first for what is not under their purview. He had doubts whether the Building Inspector of Board of Health letters certify it is a public health and safety problem. He agreed with Shellfish's statement that it would be detrimental to the shellfish if it falls, it is in need of repair soon. He suggested it is possible to have a complete Notice of Intent ready for the net hearing date and condition it that night. A letter could be sent to Chapter 91 and urge that it be done that soon, but not issue an emergency certificate, Mr. Sullivan stated if the wall goes, he is not going to be responsible for i t. Nor. Burns told him any problem resultant from the wall would be his. Tine discussion was continued after the hearings,, 1r. Coffey read from the -Chapter re emergency projects. " . Sherman advised be was told today there is an additional cesspool closer to the wall . Mr. Slavinsky advised it is shown on the plan. It is for a downstairs bath and is not booked into the system. When asked if they were prepared to go to work immediately Mr. Slavinsky stated they- were. _ They will take out a 30 ft. section of wall at a time. The job-will bedone in three days. Nothing will be stored on the site. Disturbed areas -will have salt marsh hay and -weather permitting, they will do the revegetat ion. I r S-immons pointed out there would -have to- be two emergency orders, there are two pieces of -property involved... She expressed concern with the many revetments in the town -in the same situation.. Mr. Somerville stated th-i s is a- h l-1 f i h area and he is concerned with keeping hell f i skier erg- out'of'"--the: area-."', - e agreed, there""gare-many other situations . like this.. . . . . . :.� Westion was ,ra i sed whether this would set a precedent. - fir. -Somer v,i l le recommnded both ha bales and sandbags to protect the resource .- within 3 fe�et,of the base of the wall , He stated there are clams that will be lost that tri. Sullivan will have to pay for. Mr. Sullivan agreed to the sand b-ag s. VOTE: Motion rude and seconded to accept the request for emergency certification. Mrs. Simmons was opposed. Motion carried. The emergency certification form was authorized by the Shellfish Department and issued.