8/12/1999 CONSERVATION COMMISSION Minutes

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12 August 1999 Page 3. (Under New Business: 2) Enforcement order 190 l ionomos oy Mr. Sherman has an enforcement order for a person who has done cutting on a site on M n moscoy Road,but there is a dispute as to who owns it. However,work was done in violation of ars existing permit. Mr. Sherman wants to issue an enforcement order to the person who did the work. It does not matter who owns the site. 'fhe work itself was illegal. Mr. Sherman presented the enforcement order to the Conunission for signature. 7:25 PAULA H.GORDON for a I eterminati n of Applicability on the proposed placement of an 10' garden shed at 37 I M nahans tt Road,Assessors Map 123,Block 104. lis. Gordon was present. Mr. Sherman noted that the house is within the 50 t. requirement. A planting area,therefore, equal to the shed size, should be included in the plan. Mr. Sherman and Ms. Gordon will meet on this to determine where the plantings should go. VOTE: Motion made and seconded to find negative. Unanimous Vote. NEGATIVE DETERI%/HIITIN. Return to.Old Business: Harry Desrosiers Conservation Land: Mr. Sherman noted that work should begin on this. The path needs cutting and the Agent asked permission to hire a contractor for plantings at the stone. The Commission approved the request. 7:30 KONSTA.NTIN ELI-ADI to amend the Order of Conditions for SB 43-1636 to include construction of a dwelling and regrading of a mound of soil ' x 10' to its original grade at 196 wheeler Road, Assessors Map 49,Block 16. Mr. Sherman noted that this property is a long way from the resource area and would not come under the,jurisdiction of the Act. However,we define a bank by`slope"which makes it upland from the State's jurisdictional hank. Only part of the douse cones under our jurisdiction. As long as proper erosion control is present,it should be okay. Public comment: none. VO'C'E: Motion made and seconded to accept the amendment as requested. Unanimous Vote. A1NDINT ACCEPTED. New Business: New Seabury B path shutoff near Sandy Beach. Access issue is not ours to consider; however,when New Seabury altered the path to preclude passage, it required a permit which was not requested. Mr. Sherman ordered Mr. GT-ot ke to remove the plantings from the path and the beach fencing which was moved will also have to get a permit. Mr. Sherman wants a vote from the Conunission allowing him to male clear-to New Seabury that any fencing or plantings on the property must be removed until they obtain a permit. VOTE. Motion made and seconded that any alteration,including beach fencing or planting,may not be performed without a permit. Unanimous Vote. Ire addition,Mr. Sherman noted that New Seabury has also done beach raking;however,they were working under an expired permit. It is preferable to do this under a Notice ofIntent rather than a Request for Determination. Further, it would be hest to get a beach raking notice for the entire realm of their property. As part of their beach raping,when they get gravel or stores off the beach,they put a pile in the parking lot at Sandy Beach,which constitutes an alteration. Mr. Sherman informed Mr.Grot ke that the pile must be removed. New State Barrier Beach guidelines are very specific with regards to beach raking.