10/19/2000 CONSERVATION COMMISSION Minutes

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19 October 2000 Page 9. Atty. Maffucci stated he wanted to put the Commission on notice that this is on the table...... Mr. Sherman stated if he reads the Commission's position paper, Town Counsel and vire do not agree on that but that is subject to further discussions. In terms of this particular firing, he believes access is needed during construction. He cannot depend upon calling to get permission to go out there during the riddle of construction if there is a Northeaster. Atty. Maffucci stated a Northeaster would be an exceptional circumstance and they would cross that bridge when they get there but the purpose of routine drop-by inspections, that is not going to happen either. They want to have a reasonable accommodation but do not grant people popping in. 4r. Sherman stated he is requesting the Commission to set a precedent. Mr. Rosenberg stated the Commission will not do it; he will not vote for it. The Chair stated it is understood what Atty. Maffucci is saying and that there will be further discussion on this. Atty. Maffucci wanted the Commission to know that if the permitting is interfered with by the Hill's refusal to consent to these interior inspections, that is actual and the Hills intend to protect their rights. He grants to put the Commission n notice of that. The Chair stated the Commission will protect the rights of the-Town of Mashpee and it's citizens. Nor. Sherman stated vire aro not in agreement right now. Town Counsel has informed .us that it would be entirely fitting and proper for the Commission to add a condition to the revetment permit, should an Order of Conditions be issued, that all previous Orders of Conditions have to have all conditions mot before work starts. if is time to have a conference call or that Mr. Maffucci speak with Torn Counsel, Date Connolly, of lopelman & Paige. VOTE: Motion made and seconded fo continue to 2 November 2000 at 7:40 p.m. at the request of the applicant. Unanimous Vote. HEARING CONTINUED. 7:35 EDGE DATER INVESTMENT LTD., Half Tide Marina, continued from 5 October 2000. Tim Santos of Holmes & McGrath was present. Ms Boretos stated there is a large beneficial impact in that they have taken the building out of the V-zone and put it in the -zone. They are proposing a denitrifying system to deal with public rest rooms for the slips. Rick Fork raised the issue of putting in a pump- out facility. Harbormaster Perry Ellis advised there are monies available. Mr. Santos stated he has not talked with the owners yet. This system is not designed for this. He will talk to his client.