8/9/1984 CONSERVATION COMMISSION Minutes

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i Mashpe e Conservation Commi ion 'age Four Meeting of _august 9, 1984 we' re weakening the whole structure and inviting a lot of activity, " " Chairman Studley commented, " of ortuna. e ly, the covenant we drew up with the New Seabury Corporation allows those things to go over corp-- servation easements unless they specifically deny permission to use it for that purpose . The covenant is recorded and so long as they go along with these longs docks , we are going to have this outlandish looking, situation" . Mrs . Thomas said that the major concern is for i potential damage to the marsh which feeds the whole chain. Vr, Chris Clark, Associate of William M. Wanvick & Assoc , , Inc . , agent for Mr. Epstein on this project stated that there was an alternate opinion being that docks at least partially alleviate a direct beach impact from foot traffic and beach launching of boats , various other abuse of the beach and marsh directly adjacent to the beach. Mr,, Tavares submitted the question of supposing that the o finer of the adjacent and abutting Lot #46 could decide and propose to build dock on his property. Mr. Tavares' opinion is that this could be an .deal situation to stipulate a, collective dock for that area. Mrs . Thomas agreed, Mr.. Tava.res went on to say that this is the time to deny without prejudice and look toward collective docking. Chairman Studley stated that this criteria is in the statute and cannot be changed. There was considerable discu sin concerning the T o �m Bir-laws and the State's statutes n which has superceding powers , especially as regards the subject of this discussion. Chairman � y + !� 5�+1± �r`_s i �f !Y�_Ri by �T lr��y i i!�1r�1 �.i�'i1 `�7 -1,r_ t ! ice+;1{�� r}T- z- d l Vel 4/a�rS V 1 1-a V 'J, �,.:�L i�+1 -. :1 e+d _7 5�%.. V\J r:.a1 l s -h� V !, !*-)fv-i ��+f . law does not supercede the State sty tu fuel . Iv rs , Thomas and I.Is . ara"ano had been given the -lo i to in oxnina tion .from aanof er source . P.I. . Clan' s taped that he was, of the. o .nina t "a to-v;-nn go 'iri e r tear thn ..It,.� ��[/� 1/��I E/-��ar��4! �/�1 rr'-'-��` {5 T' .Js_.iFG-L1 /��E ., 1 X71}'�_ by �L/�] ' [y�1�-;� '1 1'-�+�f .�.-� �,*i1�_ 1{}'�' ��+ ,..t... :,#i/'�1 i�'`�}t�, V L/,J + �L e a l is 3;'� 7 f_ V i a T-l ti�l! ; 5r�V g V L i� %-,T-L. V I i V a%J A/�f t-{.ti 4r r � �.r4.4 4•.i. for J_ts o,!i eI C to e u17ne7d , iG �.s to e she%-rn gnat t ?e c .s a �}�. tnan L�1 ]e.-, L- T OaLov:n ._ til other towns , Mrs . Thomas rea.d the preamble for salt marshes ,tx t Salt marshes are significant for protection of marine fisheries where there are shell- fish, to protection for lana containing shellfish, prevention of pollution and are li��eiv to e sig ificant storm damage preve 'ion and ground water supply. It has organic matter. It is what feeds the .� , e ;, �-� � f; d the *ref1sh a .d thet e �.��.� ��d s � _ � the ih w��.��.s an . . . L� what the ACEC is all a:oout One dock is fine . h e e docs is disturbance . 141r. Clark brought up the facts of other similar situations that had been given approval . Ms , Dardano endeavored to made it quite clear that all of for is must be made not to compound past errors e It was the consensus of opinion that this application should be denied on the basis of various potential adverse effects i.e . land con-