09/19/2002 CONSERVATION COMMISSION Minutes

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i been conducted in conformance with the plans. We have dne this in most instances, although there have been a few cases where it may not have been done. Bob wanted to confirm that this is a vital necessity, and he added that he would like it to be a boilerplate condition that the commission reserves the right to require an.as-built plan anytime vire find a dichotomy between the original submitted plan and what we observe in the COC inspection. It was agreed that the commission has the right to require an as-built plan anytime there is a dichotomy between the original submitted plan and what is observed in the Certificate of compliance inspection plan. Motion made: seconded and unanimously carried that this Special Condition would be a boiler plate condition. . Paths cut through salt marshes. Bob reported that he was at a violation site recently and he noticed a lot of paths through salt marshes. He said a lot of these exist and technically they are illegal, but many of thea have existed for ages. Bob's predilection n how to handle therm has been if they aren't new, or newly enlarged, he hasn't gone after then because he's fully loaded with more important issues. However, the policy he recommends is that if they see new paths created or enlargement of paths in salt marshes, an enforcement should be issued. There being no dissent, Elliot stated this policy will be carried as a guideline. New Business: 1. John's Fond violation. Bob discovered a violation on John's Fond yesterday, knows the address but hasn't found the owner yet. He said, once again we see a lot of this on these ponds and depending on how much we see, the question is should we ignore it or enforce the situation. People are taking rocky shores and trying to make a better beach by raking the stones away. A lot of people do a little bit of this, but this is rare species territory. This is right next to the case in court which we'll be discussing. Bob thinks based on the letter vire received from the National-Heritage about the major violation next door, this is the same type of violation, and even though it's less invasive, less dramatic, it still poses a problem for rare species, i.e. mussel and tiger mussel species. Motion made, seconded and unanimously carried to authorize Bob to issue an enforcement order for the violation along John's Pond as stated above. 2. Mashpee Water District Violation. Bob reported a new path cut through the goods on Meetinghouse Road on the side of a hill within Zoo ft. of the Ilashpee Fiver. Bob is convinced that the plater District should have known better, as they've had numerous violations with us before. He recommended that he be authorized to explore (not necessarily issue yet) the issuance of a fine unless we can get some kind of understanding with the Water District with these continuing problems. He asked chuck Green to meet with thea, and Bob will meet with them.