06/14/1990 CONSERVATION COMMISSION Minutes

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Conservation Commission Jure 14, 1990 Page 9. KIRSCH: Ms kirsch's letter was forwarded to the police and harbormaster with no response. Town counsel advised it is within the power of the Commission to take it out. More work has been done since the order. Ms Behrman stated it is up to the p.roperrty owner to resolve this, letter to be seat to the police department. HALPERN: A letter was read from Richard Halpern regarding a meeting with Kevin Harrington, the Agent and himself, concerning dock work, Mr. Sherman stated if the work involved alteration of land under the bottom of the ocean within- the last two years, he is obligated o file a Notice of Intent, H asked if there was any alteration to land under the ocean or salt marsh within the last two ,years Mr. Halpern stated he did not recall any; there was no alteration as fair as he knew in land under the ocean or the marsh. Someone did hurt themselves and a tenant put in two support posts into the water in land under the ocean around Aril of 1988. The dock is falling apart and it is his total goal to do a full Notice of Intent as he wants to update it correctly. He does not have the funds but has properties on the market to raise the necessary funds; it is one of his top priorities. Ms Behrman asked the size of the posts put ire? Mr, Halpern guessed they were 6-8". She stated they were substantial pilings and none without any notice to the Comm- ission omm- i siori at all .. Mr. Sherman stated he has only been with the Commission since May of last year and cannot testify to when the posts were pint in. If they went in less than two years ago, a Notice of Intent is called for,, Paul Somerville advised there are two docks on the property that have been altered; the southernmost dock has had a float added. It was not there the summer of 1988, this all happened last summer. The second dock had three pilins added to it with a long walkway that was never there before; also, a pile supported float. There are two pipes on that float that were not there before. This was done last summer. He advised he spoke with Mr, Halpern about this and he removed one piling; everything else remained. He stated he does not know whether this is in the ACEC. All the work was done last summer. The shellfish department boat was kept at Mr. Hail pern's property the summer of 1988 and none of that was there at the end of that summer. Mr. Halpern stated he got that date from the person who did it. He stated he sat with Bob Sherman a year ago and cane to an agreement and fulfilled that agreement. Ms Behrman asked for the specifics. Mr. Halpern stated he showed Mr. Sherman what he wanted to do, showed him what was there and he stated he would ask the chairman. Mr, Sherman came back and told him the chairman said he needed to do an RDA and he told Mr. Sherman he wouldn't do anything until he filed an RDA and he lived up to that. Mr. Sherman stated that was true, but asked if other work was done last summer? Mr. Halpern stated, not that he knew of. Ms Dehrman stated there was work done without a permit, Mr. Halpern may not have done i t, but there was work dome on his property. He stated there was no work done that summer.