11/30/1989 CONSERVATION COMMISSION Minutes

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Conservation Commission November 30, 1989 Page 5. B ENR IA I: Specifically, and the approved work. The implication in this language is the project that has been approved so that there is a paper trail . SLAV ISKY: Of the actual location of the work. BENR AN: Of the actual locaitori of the work; the location o the work implies what work. SLAV I NS Y: That' s pry problem with this one, BEHR IAI : We' ll take that under advisement. PATRICK COFFEY: Now would you word it differently? SLAV I SKY: I 'm not sure, we're looking for a plan that shows Lot 5 Tide Run, your that's okay. BEHR AN: If you filed a plan with us that shows Lot 5 Tide ruin, .your plan also shows what you are proposing to do on it and that plan is ghat is referred to in the Order of Conditions, (Slavinsky: In the Order of Conditions) and that plan that is referenced in the Order of Conditions may be required to be recorded. LAVINSK : Okay, that' s what y ou're saying, recording of that particular plan. SHE SAN: It' s the same plan that you've always turned in to us, now they're going to be recorded. SLAVlNSKY: Well , that' s not exactly.. . HER A : That's the language of the State Okay. DAN NOIEYER: It does not state in here, are you going back to what we had in Chapter 91 , the final order of determination or notification. Is this on new work or pre-existing structures. BEHR A 1: This is for any applicaiton that is made under State Law by 10/10/89 and as far as Town Bylaw is concerned, any application that is rade to the Board as soon as the Board adopts this regulation. H EYER: In other words, if 1 cone in. . .(BEHRMAN: We can 't post date, we can't require anything of five ,years ago to come in) . I l cone in and say I 've got seawall that's falling down and want to repair it, then I 'd have to have. . . . (BEHRMAN: fifes, so we'd have a plan as of this date of what you' re applying to repair . HERMAN: If you have an existing structure the same size and configuration you wouldn't necessarily have to come up with one. HOMEYER: The Array Corps of Engineers on 1/16/85 stated it was pre-existing 12/16/68. BENR iAi : This does not apply to Chapter 91 at all ; this is the Wetland Protecti n Act, a completely different kettle of fish. HOMEYER: Still and all , as long as it's pre-existing and you're repairing. . . (Simmons: As long as ,you' re not changing ,your footprint. SHER A I: As long as ,you don't change footprint,, s i or usage in any markable way, you probably will not require this.