9/5/2002 CONSERVATION COMMISSION Minutes

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Motion made; seconded; and unanimously carried to file a counter claim, a preliminary injunction and a permanent injunction to compel him to pay the court expenses and the expenses of any associated biological assessments, including the SEC's impact. Re: Paul Sheehan, Popponesset Island. Bob reported that this is a long standing case with the town involving monitoring wells and a performance bond in lieu of denitrification septic system. He has done none of that. Bob presented portion of a letter to Mr. Sheehan from Daniel C. Hill,, counsel for the Building Commission, stating that his firm is preparing to file a complaint in Barnstable Superior Court on behalf of the To , seeking injunctive relief to compel compliance Wth the state Building code. Motion rude; seconded; and unanimously carried to authorize Town counsel to include a claim for enforcement of the order of conditions for 11 Popponesset Island Road in a Complaint to be filed in Barnstable Superior Court requesting injunctive relief, and that Town counsel prosecute this claim on behalf of the conservation Commission. Hearing Agenda 7:00 p.m, Donald T rllck, 17 DeGrass Toad (construct gravel driveway, move bushes, remove scrub pine tree, mitigation planting and remove limbs) Diane Boretos. reported that the applicant requested a continuance to September 19 at 7:45 p.m. Motion made# seconded; and unanimously carried to grant a continuance to September 19 at 7A5 p.m. 7:05 p.m. Paul Hanlon, 51 Popponesset Island Road (driveway, remove ties, reconfigure pool, retaining gall, fence, dry well for pool backwash) Dave sanicki, cape & Islands Engineering, presented revised plan for applicant. The plan included removing railroad ties which are outside the work limit, so not allowable. Michael Talbot recommended approval of the amended order of Conditions except for any work outside the work limit or in the Naturally Vegetated Buffer strip. Motion rade; seconded; and unanimously carried to approve the amended Order of Conditions except for any work beyond the work limit or in the Naturally Vegetated Buffer strip. 7:10 p.m. Merry and Storm McGuire} 10 Little Neck Lane (continued from 8/22/02)