3/14/1985 CONSERVATION COMMISSION Minutes

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vias pee Conservation Commission Meeting of March 1 , 1985 Page Two deposited, 2 the access way constructed over the coastal bank/dune area shall be removed to a distance of loo feet from the top edge of the bank. The area shall be restored to its natural state and re vege t- a.ted with compatible vegetation to prevent erosion and stabilize the bank/dune area. This work shall be completed within 15 days of the date of this order. Upon completion, the Conservation Commission shall e notified so that an on-site inspection can be made . 3 Attention is called to the preliminary injunction entered by the Superior Court in this matter and to the Enforcement order of 5/2/84. The applicant shall be obligated to comply with the same in -addition to action called for herein. All corrective action ordered herein shall be preceded y not less than 24 hour notice to the Conservation Commission agent who is designated herein as the Building Inspector and/or the Natural Resources Officer who shall observe all corrective action taken by the applicant. " Chairman Studley read further, ' The lashpee Conservation Commission has determined that the activity described herein is in violation of the Wetlands Protection Act. G .L. c 131 0 40, and the Regulations promulgated pursuant thereto 310 COIR 10 , 00 . and the Town By-law because ' said activity has been/is being conducted in violation of an order of Conditions issued to New Seabury Corporation dated November 23, 1983, File No . s3-316 , Conditions numbers 6, 13 &17 (c) . IP Firther, "The I a.shpee Conservation Commission hereby orders that the property owner, his agents , permittees and all others shall immediately cease and desist fro .further activity affecting the wetland protion of this property and, that Wetland alterations mesal i-nfrom said activity shall be corrected and the site returned to its original condition, Chairman Studley stated that the Enforcement Order was signed by herself and was delivered , in hand to Christopher Borden, President of New Seaury Corporation, 4 Chairman Stud1ey called for a motion to ratify the issuance of the Enforcement Order. The appropriate motion was rade by larch Dardano to ratify as written and issued , Mrs , DeLory seconded the motion which was voted for and in favor by all members present with the exception of w me Tavares who abstained. At this time, Scott McAs ell, representing New Seabury Corporation, asked, "on the Enforcement Order itself, 1 had thought ' that that was cleared up before the work had actually started. To my knowledge , your agent was there when the work was started and knew the problems you address . , .'T Mrs .. Stud ley replied, "I was advised by Town Counsel and attorney John Shea to issue this Enforcement Order for reasons stated . "