6/15/1989 CONSERVATION COMMISSION Minutes

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Conservation commission June 1 , 1989 Page 8 . . Sanicki stated he would like to hear how the commission addresses what is before them today . They can reconfigure as part of the order f Conditions and remove the other piles . Mr . Rosenberg stated the Commission cannot condition something that is not in their Notice of Intent . Evidence has been received from an abutter that there was a change and there had been a recent expansion of the dock and the Commission had to make a decision as to whether or not there is ars expansion , If he is asking the Commission to make decision that there is no expansion , we can go ahead with this , o there is ars expansion and we can dump your Notice of Intent until it is straightened out , On the other hand , if you do not runt us to do that and you want to amend this Notice of Intent , you may be able to solve the problem. I .' m not saying ,you should do it , I ' m gust telling you these are the ways to do this . Mrs . Marsters suggested the other evidence be given and perhaps come to some agreement as to what was there in 1971 . We can ' t condition it but we can issue an Enforcement Order , if we have to , to bring it back to what was grandfathered . She did not think it necessary to have a new Notice of Intent . Mr . Rosenberg stated if they want this , this is not the original . In order to cure the Enforcement Order they would have to come in with a new Notice of Intent . Mrs . Marsters stated she would hope that it would not get to ars Enforce- ment Order and that Mr , Moskowitz and his neighbor would come to some kind accord . Mr . Sherman advised he and the Chairman gent over marry issues with Town Counsel among which were some similar to .this issue . It was Town counsel ' s opinion that to rectify the situation , new Notice of Intent should be filed for the proposed project and the Commission ' s concerns about the existing structure . Dom Franch i : on Jane 2nd he ''net with Mr. Roche from Army Corps . of Engineers . He brought pictures of the float in 1970 . They stated they were not enact with the extent of the dock and they requested f Mr . Moskowitz that the plans be filed for review but they would not accept the addition . They stated probably if it did not inter- fere with navigation , they will accept the grandfathered dock , but not the extension . On June 7th he met with Jeff Madden of DEQE , They wrote two letters to Mr . Moskow-itz at the Popponeset Island address which he ignored . He gage thea Mr. Moskowitz ' s address in Needham. They stated they would write one more letter to M . Moskowitz which if unanswered would be pursued by law enforcement . Also , on June 3rd at 7 : 00 a .m . Mr . Moskowitz was speeding at 60-70 MPH on the Bay where a sign i s posted 5 MPH . Mr . Rosenberg asked him to confine himself to the issues . Mr . Franchi showed a picture taken in 1970 showing his dock and Mr . Peterson ' s . Half of the float i s on the grass . Two weeks ago he met with Bob Sherman who measured his float and Mr . Peterson ' s float . They came up with n average of between 20-30 feet .