7/15/1999 CONSERVATION COMMISSION Minutes

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l I 15 July 1999 Page 8. language reads in the letter Elliot is reading. In fact, for the purposes of the Wetlands Protection Act we are not running into the surface water boder,but to the edge of the surface water body. The Chapter 91 definitions are different. Peter Sundrlin,representing Mr.Brooks stated re the notice issue, the intent is to give persons who are interested notice of what is going on. We notified the head ofthe Association. They have been here t voice their objections. 1f we are going to say that easement owners be notified,then you are going to be requiring people to notify Commonwealth Electric and Colonial Gas,etc. Notice in this case has been given. Mr.Brooks,the property owner directed a question to Jerry Carter and asked why does the public have the right to the use the beach between low and high water? This is not a Tidal water. I have a tremendous trespass problem that needs to be addressed. Mr. Sherman stated that is not this Board's issue. Sandy Cages,who lives in the Pickerel Cove subdivision, stated while she sympathizes with Mr.Brooks' plight, fends should not be allowed to be erected into MashpWaleby. She can understand his frustration at purchasing a home and finding people coming down to access the pond. Mr. Brooks advised he went to two counsels to address the fact them is no public domain between high water and low. Mr. Sherman stated this permit does not convey property rights. Mr. Green was not in favor of a fence in a waterbody. Dick Kiernan, an interested party,asked if there is a challenge to property rights?Mr. Sherman stated no. VOTE: Motion mach and seconded to deny. Mr.Wollenhaupt and Mr.Rosenberg abstained. Motion carried. 8:15 KARL F.DRIVER for a Determination of Applicability on a Title V septic system upgrade at 2 Riverside Road,Assessors map 119,Block 82. John Sla insky from Cape and Island Engineering representing lir. Oliver. Public Comment: none. VOTE: Motion made and seconded to find negative. Unanimous vote. NEGATIVE DETERMINATION. 8:20 JOSEPH M.BIKNAITIS to construct a single family residence,driveway,Title V septic system, deck, sunroom and garage at 31 Amir Brown Road,Assessors Map 109,Block 5. This will be continued because it wasn't staked. VOTE: Motion made and seconded to continue to 2 9 July 1999 at 7:10 p.m. Unanimous vote. HEARING CONTINUED. 8:25 NH HAEL T.COWMG for reconstruction ofexisting dwellings with septic systems,patios, landscape areas and permeable driveway with parking area at 23-25 Ocean Bluff Drive(Shore Drive) Assessors Map 123,Block 204-205.