11/17/1994 CONSERVATION COMMISSION Minutes

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the wall is legal or not. The house is post 1978 * The issue is whether it is an eroding bank; DEP says it is not. JOAN BOUR ET: Mrs. Bo rget's daughter, a lawyer came before the commission representing her mother. she stated the foundation was put in and is capped, A letter was received from the Conservation Agent stating that a Notice of Intent had to be filed. She asked why this is being unposed now when the building permit had been issued. It is within the coastal flooding area. She was told it may be necessary to reduce the house from three bedrooms to two bedrooms. She asked to be enlightened with the reasoning. Mr. Sherman apologized for the communication problem. Under the local bylaw, the flood zone has a 100 foot buffer zone. This was missed in the review by the Building Department and the original engineer did not use actual NGVD elevations. He measured it often- the-fact. 16 Mr. Sherman was driving around and saw the house and it thought it rust be close to the flood zone. He returned t the office and had the file pulled. Jack Landers-Cauley submitted a second plan showing that the whole lot is within the Commissionfs jurisdiction. The Building Inspector is not legally liable according to case lair. Ms Bourget asked if her mother should proceed with filing the Notice of Intent? Could she leave a loft type study? She thanked the commission for their time. P PP NES ET BRIDGE: Mr. Homeyer advised Popponesset Bridge has been hit by a truck and the uprights were all damaged. A HPEE RIVER: Status of Work: The work will be completed tomorrow and Leigh Potter will open it in the morning. The Division of Marine Fisheries has advised how they want it done. The Agent felt Bonito was sloppy. It was difficult to monitor as Greg Taylor was in charge, They trenched to the pond as well as they could. Mr, Lopez advised them used to be a jetty on both sides, gears ago, Slope Stabilization: They may slump in again, The Agent has contacted three landscapers for bias on hydroseeding. DMF and Fisheries were pleased with the project. Mr. Desrosiers asked permission to contact the executive secretary to see if any funds are available. This was agreed. Question was raised as to whether the bidders were quoting on the square footage and how they figured the bid. Mr.Fit, simmons stated he would be happy to let it go to Hoxie Philie, unless the other bid is very low.