9/23/1999 CONSERVATION COMMISSION Minutes

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i 23 September 1999 Page 6. ability to open or close access. It should be read and commented upon by the Board. It was filed in 1984 and was defended by the Town of 1 lashpee. It was finally settled in 1986. It was an attempt to go around the Commission's authority but this civil authority was upheld. Mr. Sherman asked if it went to adjudication through DEP? Mr. Himmel stated there are approximately 100 pages in there. Ms Boretos asked if it is at this site? Mr. Himmel l stated it is at four sites, l ushop Village site, Popponesset Inn site, the Bluff site and Deans Pond parking ing area site, all four are mentioned in here. He respectfully asked that this be read, absorbed and commented upon before a decision is made this evening. The Chair stated this is a veer large document to present without any notice. The Commissioners were in agreement this could be read tonight. Mr. Hanley stated there was an article in the Enterprise where Kopelm n Paige were sere papers about what should be done in Willocrbend. The article said the later was that they were on a special permit and they had eight years in which to change. After the eight years expired, they have to start all over again. New seabury pulled their special permit in 1962. The Chair stated it has not been established this piece of land is within the special permit; a great deal of New seabury is not in the special permit. Mr. Sherman stated he explained earlier today in a conversation with Mr. Hanley that in terms of zoning issues, the Commission cannot issue under the local bylaw if the zoning issue is pertinent and has not been decided. The Building Inspector has signed off on this project. The Commission can assume there are no zoning issues. Mr. Hanley insisted on discussing the special permit issue. Mr. Rosenberg explained that no-thing in the special permit affects the Commission. If they have a special permit with respect to lots, they go to other departments of either the town or the state. The Commission is only dealing with a wetlands problem here, the dune. The Building Inspector has signed off on this so the Commission can't get into Board of Appeals issues. Atty. Dan Creeden representing the Popponesset Beach Association advised they have resolved differences with the applicant subject to their fulfilling their obligations. They have no objections to the application.