3/4/1999 CONSERVATION COMMISSION Minutes

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VOTE: Motion nmde and seconded that the hearing be closed pending. CLOSED PENDING. 8:20 GEORGE BLASENAK for Detennination of Applicability on the proposed replacement of an cxisting retaining wall and stairs at 198 wading Place road. Mr. Sherman stated this is replacing an existing wooden retaining wall with an interlocking block wall in the same place. He did ask Mrs. Blasenak to cone in and add a note that we would do a pre-work onsite job to make sure the contractor knows all of this. Mr. Shennan clues not see any problem with issuing a negative determination. The Chair called for public cony ent;there was none. VOTE: Motion made and seconded to find negative. Unanimous Vote. NEGATIVE TIVE ETERI II TION. 8:25 BERNARD PEMSTEIN for a Determination of Applicability on a proposed addition to an existing dwelling at 161 I nicl' Island Road. I&. Sherman said this was something that we previously permitted � and it expired, so it conning back to us again. Mr. Sherman said he thinks they will cone in and sign just i the portion that they will have a pre-work onsite. Mr. Green asked how much of an addition it was. Mr. i Sherman said it was not that big and it was off`to the side. The Chair called for public comment;there was none. VOTE- Motion madc and seconded to find negative. Unanimous Vote. NEGATIVE DETERMINATION. 8:30 MASHPEE HARBORMASTER for a f etmn nation of applicability on a proposal to clean up brush and leaves and crcate additional par ng spaces at 236 Wading Place Road. Mr. Sherman eplained Mr.Ellis is in Florida. lir.Ellis has gotten the permission of the Fish and wildlife who own the land. They are in concurrance that they would like a few more parking spaces. Mr. Sherman went on to say there is continuing illegal dumping problems so this might help solve that if we put up more signs. There is no reason under the perfornance standards for the State wetlands dict or our by-laves that we could not approve this. He would,however,recommend we only approve it pending he go down with Mr.Ellis and staking it. The Chair called for public con hent. Janet Cloris stated that the rear section of her house overlooks the extension the Mr. Sherman was talking about. Her bedrooms, family den and her garage face wading dace E tcnsion. Fisherman start arriving between 4:00 and 5:00 in the morning. They bang their doors and talk loudly. The Chair asked the approximate footagc the property is from the parking area. He explained any farther than 100' is not in the Commission's jurisdiction. Mr. Sherman said that is not ire our jurisdiction anyway. We have no say o cr that. The Chair explaincd that the Conservation Commission cannot contol that. It is not an issue of the Conservation Connission. It is not one of our goals. Ms. Cloris asked who they could go to about this. Mr. Sherman stated he was not aware of any existing law that governs noise or nuisance. It does not come under wetlands law. He explained we could not deny a project for that reason. It is not within our power. 8