9/3/1987 CONSERVATION COMMISSION Minutes

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ashpee Conservation Commission Meeting of September 3 , 1987 Page Ms Behrman questioned the periodic sampling, as maintenance, on the separator. Mr. Orlow stated he could request this. A copy of the results of the testing being done now should be in the hands of the Commission within 30 days. Mrs. Marsters stated if the Commission were to grant the easement it would have to be on the condition that the water that goes through there is potable . if the water samples show other than potable water, the easement would stop. Rosenberg suSgested rather than an easement, it be done in the fora of a license which would permit use as long as certain re- quirements are met such as maintenance of the separator changer and annual testing of the water quality. There would be a termination on failure to comply with the conditions. He further stated there would have to he a public hearing with notice before the Commission could tape any action . John advised the advice from Town Counsel as to the actual pro- cess that would need to be taken by the Commission has not been rec- eived. 1r. Orlow stated whether or not the easement is granted the water will continue to flow. He stated he will speak with the person in charge of the environmental section at the Base. Mr. Orlow also advised on the other side of the base there is a separator in an area which empties into Ashumet Pond. It does not flow through Conservation land, omly private. He asked if the Comm- ission mm- issi n would be invo l e.d. Mr. Rosenberg stated only for the discharge into Ashumet Pond. If there was sufficient evidence of deterioration of the water quality of the Pond, the commission might find it necessary to issue a stop order. ,John advised the ponds are checked by the Board of Health. Ms Behrman stated the towns of Falmouth and Hashpee are involved in a joint water study of Ashumet Pond, as well as local neighborhood associations water sampling. She referred Mr . Orlow to Dr. erfo t' s study. Mr. Orlow stated he would appreciate the Commissions consideration and he will go back to the base to discuss the maintenance program and the possibility of a license. He referred to an earlier statement by Hr. Rosenberg re a perseripti a easement ' i s Lr. Rosenberg recalled the statement and stated whatever rights they have they may have, but what they have is not known. It is -not a simple question. Mr. Orlow asked if something has been happening for more than 20 years, is that not a perse 1pti a easement? Ms Behrman stated this