05/25/2000 CONSERVATION COMMISSION Minutes

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25 May 2000 Page 5. Public comment: none, VOTE: Motion made and seconded to close and issue pending Board of Appeals and Board of Health. Unanimous vote. CLOSED PENDING. 7:50 RICK BROOKS for reconsideration of a decision on a Notice of Intent for 95 Pickerel. Cove Road. Arlene Wilson presenting. They were before the Commission one year ago.with a request to build the last portion of a double set of chain link-fences from the historic high water mark to almost the limit of ownership in order to define an access to the water ending as an easement over his property. It was suggested that the fencing would be constructed. 18"' off grade for passage of animals. They have a sign-off from Natural Heritage who asked that sono tubes not go into any area of fresh water mussels. The fence i ' high. It will be vinyl clad for visual impact. It was agreed to confer with Chapter 91. The Commission denied the application and an appeal is pending in court. They hope to be able to obtain the permit without going through the rest of the court proceedings. IEP has issued a superseding order with the proviso that it is necessary to confer with Waterways. Mr. Sherman advised Town Counsel stated this was an appropriate route to take. He recommended approval. Mr. Rosenberg asked if there is a plan for the easement. Ms Wilson stated no, only a description. It i ' wide running along the southerly property line. IVH Sherman read general condition #2. The issues of access and easements are not within the Commission's realm. Ms Wilson stated they did not label the line at all and if the Commission would like them to provide a plan with a graphic explanation of the property lime, they will do so. IVH Sherman stated Ms Wilson has offered a plan revision for whatever needs to be clarified. Atty. sundelin who was present for the Bearing stated the abutters have agreed that the property line is correct, as shown on the plan.