10/17/1996 CONSERVATION COMMISSION Minutes

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NUSUPEE CONSERVATION C 1MSSI N Minutes of 17 October 1996 Commissioners present: John Fitzsimmons, Elliot Rosenberg, John Johansen, Ralph Shaw, George Green Jr., Barry Desrosiers, Greg Wirsn. The Chaff n nary cabled the meting to order at 6:55 p.m. PUBLIC IC COMAM T PERIOD: Beverly Kane of the N hpee Coalition asked the status of the letter sent to the Selectmen following the October 3 meeting regarding joint public hearing. 1 Ir. Sherman advised he has been out sick but will personal y see the Executive Secretary tomorrow to see if anytifing is scheduled. Ms Kane advised the coalition is not asking the Commission to take a position but for a chance to have a public hearing to discuss pros and cons. to DAVID LEVEILLE for a Determinationof Applicability on the ' x 15' expansion of an existing garage at 9 Mariner Lane. fir. Shm= stated this is not towards the resource and he recommended negative. Public continents: Alan Bath questioned if not in the resource, why the filing?. A&. Sherman explained it is in Land Subject to Coastal Storm Flowage under the Act but has no performance standards. VOTE: Motion made and seconded to find a Negative Inc tion. Unanimous vote. NEGATIVE DETERMINATION. 7: MYRON KLMN for a 1 etcn ination of Applicability on a request to remove 1 yards of fill from the pang area driveway; add 3 landscape ties and 2 dryweN with crushed stone around at 44 Bay%iew Road. lir. Rosenberg stepped down for this hearing. 1W. Sherman advised it is 105 feet from the top of the bank but within loo feet of the flood zone. W. Path asked if this operation is within the resource area? fir. Sherman stated no, it i idiin 100 feet of it but not within. Xft. Bath stated he thought there was a buffer of 100 feet. A& Sherman stated them is no buffer from Land Subject To Coastal Storz Flowage, but wader Chapter 172 it is every resource. Nft. Bath asked how it becomes a filing? Why not get it settled before it gets here? A& Sherman stated it does involve Chapter 172 because it is a 100 foot buffir from the flood zone. 0 M �. Rosenberg advised the away the law is written, the Commission cannot give peri mssion to do anything without a public.hearing.