5/20/1999 CONSERVATION COMMISSION Minutes

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i 20 May 1999 Page 13. appearance of the nature of the pond. There are several sandy places that are available to the public. The road is private but the shoreline is public for anybody to use. There are several sandy places for everyone to use and she does not see why there has to be this one spot that has to have sand added. There are several other places where there are larger beaches. The Chair stated the Commission has no Jurisdiction of the selection of where you are going to have your beaches. Ms Madden continued with the environmental impact she feels this would have and would Jnr the natural appearance and beauty of the pond in that particular area. There are several erosion problems that they have not been able to address because no one wants to take responsibility for the pond and these other areas of the pond. She does not see where putting a board in front ofthe pond will keep the sand from going into the pond. When it rains, it is going to come around the edges, just as it does down the road now with the embankments up. The beach right now is a mess and the pond suffers, as well as everyone else. She questioned the fact that children are going to be playing there and, in her opinion, there are other beaches that they can play on. The Chair stated.that is not germane. She sees it as a magnet for toys and other things detrimental to the environment. The Chair returned to the issue of ownership. Mr. Sherman stated it is not ars issue, he has researched this carefully. Under any permit issued by the Commission, no property rights are ever given that do not exist. In other words, if there is a contested property right, this permit does not give it away to anyone else. If people contest it, that has to be settled in a different court. There are ways to contain sandy areas with proper use ofties which do work. The project as designed, with a few minor changes which have been discussed, meets all the standards of State and local law and there is no justification for turning it down. Mr. Sherman stated he could 'not find a definitive owner. The Board of Assessors did not know. Under an RDA it does not matter because we are not conveying any property rights with a permit. Ms -Madden stated she is trying to form a neighborhood association because they do have a lot of people in the area that share the common beach and a common interest in the environment there. To address these issues, her fear is that once an individual invests money and changes the appearance ofthe pond, then their hands will be tied. To her, it should be preserved as it is for the public to enjoy.