1/7/1988 CONSERVATION COMMISSION Minutes

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i lashpee Conservation Commi ion Mee,t, inZ of January 7. 1§88 Page 4. Ms Behruan advised the stipulations of the Wetland Act requires that all local obtainable permits be obtained before coming to the Comm- ission -and question is raised concerning the Board of Appeals decision, It is the Commission' s responsibility to make sure what the position of Town Counsel is in this case. Mr. Kirrane questioned what harm would be done for the Commission to act upon a permit request dealing with the parameters set forth - for the Commission to deal with. The decision has been rendered and this Board does not delegate its authority to the Board of Appeals, nor does the Board of Appeals delegate authority to the Conservation Comm- isson. -.The Chas rw nl l.ed the Commission for .their opinion of whether Town, Counsel. should b . 'questioned for his position. The Commission unani- b us , re-ed h i s: should be. - put to Town C'ounsel . They also agreed the -.- lot- should be staked,. including the proposed width of the to foot wide :.-access. . which should, also be drawn on the plan. This .would be required n any project*. Atty. - DuOuy asked, . .-there was a I etter in the f l e from -the She I I,f i s Agent. Lisa advised one had been seat to the Board of Appeals which had not been obtained for the hearing. Atty. Dupuy presented a copy which. the Chairman- read into the record. The Shellfish fish agent has strong objections to the proposal . Mr. Kirrane stated the previous plan of 8 X 3 was scaled down at the suggestion of BMs Hanscom and she hated the She,11fish Agent is still opposed to the project. BMs Behrman stated even -:.Ih-o gh a smaller square foot area is being covered they are stili eliminating a lame area. Deborah Click, Lot 3: She stated on the other side of the house there is the Town Landing and several boats. It would be detrimental to have boats on that side as well . A pier with 2-3 boats off of it will affecL the flog and cleanliness of the water. Mr. Kirrane stated the sie 'would limit the number of boats that could be moored. They are not applying for a recreational facility but for accessory use to a residential use. A marina would' be a permitted use in the area but is not applied for. The intent is for use by the app- licant pp- 1icant and members of his family. .CONTINUEDTO JANUARY 21 at 7: 45 P.M. Question was raised whether South Cape Beach Assoc, was :notified. The Commission was advised they are on the Assessor ' s books and did not receive notification. Mr. Sanicki advised they used the same list as was used for the Appeals hearing. Ms Behrman searched and advised there was no list of abutters in the application package. She. suggested their list be updated* r. Rosenberg stated if they used an improper list on- Commission _ �o r� action, it would invalidate the action if in Superior Court.