06/28/1990 CONSERVATION COMMISSION Minutes

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Conservation Commission June 28, 1990 Page 7. Mr. Faye does not see the sleeves as a problem, it is very shallow there and not silty. To E CLOSED UPON RECEIPT of THE D.B.P. UMBER, IF IN ORDER, THE ORDER OF CONDITIONS WILL BE ISSUED, 9:15 WILLIAM ZAMMER, 10 Beach Road, continued hearing pending abutter notification. Receipts were provided. Mr. Sherman gage the history. The 6 foot fence is now shown on the plans. The original filing was appealed but the appeal was not upheld. The fence is the only consideration in this hearing. Mr. Zaumer stated he has restored the dune. The fence meets town code. He has revegetated with indigenous plantings. Mr. Sherman advised the fence was noted at the visit for a Certificate of Compliance inspection and has no effect on the resource area. cos: Mr, Tomasonis., an abutter, stated a 8 ft. fence would be sufficient. A coastal storm will remove the fence. They cannot now sec the ocean. Mrs. Simmons pointed out aestheties do not come under the purview of the Commission. Mr. Sherman stated the only jurisdiction the Commission has over the fence is whether or not it impacts the dune; height cannot be part of the deliberation. Mrs. Tomasonis asked if it was true if the. land is subject to coastal storm flowage that the regulations regmre that Mr. Za er prove that it does not injure their property or themselves. He has to show that it won'd deflect and cause increased velocity of the ocean that would cause damage to their property. The flow of the water comes to the edge of his Mr. mer property. They are down there to enjoy the ocean and now cannot see the ocean. Harold Cloran, an abutter at 2 Beach Road, advised the trees on Mr. Tomasonis's property have grown in great proportion and block many people's view. He provided photos and stated other neighbors have no objection to the fence. i Mr. Zammer advised the fence is 2 ft. below code and was installed at Mr. Tom sonis t s request. . Sherman stated comments should be restricted to the Wetlands Act, not views. Mr. Desrosiers asked Nor. Cloran if,, in his opinion, the fence put in, and the flow of water, from his experience during storms, Will hinder and flood any areas? Mr. Cloran stated no, it will not. The water comes so fast and has such a wide area to spread out, it would just go right around the fence. VOTE: Motion made and seconded to accept the plan as presented and amend the Order of Conditions to perit same. Mrs. Simmons stated all comments will be taken under advisement. Mr. Tomasonis was advised he can appeal the decision. SSR PLANS: Mr Sherman to be away on ,duly 19 and 20 and during the week of August 13. Mrs. Simmons to be away the last week in August.