5/20/1999 CONSERVATION COMMISSION Minutes

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20 May 1999 Rage 2. assess him $100 for spending $14,000 to see his property be better? He is asking the Commission to waive the $100. Mr. Sherman stated Mr. Sinkiewicz has raised a lot of issues. The germane one is did he in fact cut salt marsh with a lawn mower or some similar type thing. The answer is he told us he dict. There is a picture ofthe salt marsh that was mowed and a. picture of how high it normally is. If you look closely you can see the splayed ends which indicate that indeed it has been cut with mower.er. The definition of alter in 310 CMR 10.04 is among the definitions of the destruction of vegetation and in the hyla , destruction of vegetation. includes damaging of any plant life or part thereof, including the cutting o ' trees, shrubs and wooded plants. It is in a direct resource area, salt marsh, and any such alteration requires a filing. If a filing were sought for such, the Commission would have to deny it because the key performance standard is in 310 CMR, 10.32 3 , "Any proposed project in a salt marsh or lands within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh, shall not destroy any portion of the salt marsh and shall not have an adverse effect . on.the productivity of the salt marsh." Certainly, when you cut 0% of the length of the salt marsh blade at about the time of year when it is going to green up and photosynthesize it is definitely interfering with its productivity and damaging it. His recommendation is, even though. Mr. Sinkiewicz thinks he was doing what was right, it was contrary to the law, the fine should stand. If Mr. Sinkiewicz wants to appeal to the Clerk Magistrate's office, that is his right. Mr. Sinkiewicz stated a year ago he called Mr. Sherman and he came clown and viewed his property. It was nothing he had done secretly. He asked hat he could do. Mr. Sherman stated he could remove all the dead vegetation. Mr. Sinkiewi � in turn, tried to pull it out. Referring to the photos, he stated trying to remove that stuff without some mechanical means is impossible and he will not let his Grandchildren run around with all the bugs and the stench. In his opinion, he did the Town a world of good by taking it out. First of all, it is not all vegetation, that is grass that came down from his bank and it starting to grove on the beach, 0% of that was grass from his oven banking. That is a beach under that stuff. That is beach. That is his property. He is allowed that beach. It wasn't then and it shouldn't be there now. That is the Town's fault this mess we're in, not his. The Chair asked if the Commissioners had any questions for Mr. Sinkie vi ` He stated it appears very clear with the law the way the Commission has to go on this. He asked for a motion.