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MASHPEP CONSERVATION COMMISSION <br /> Minutes of December 19, 2002 <br /> Public bearing <br /> l ashpee Torn Hall Meeting room 3 <br /> Commissioners Present: ,Jack Fitzsimmons, Elliot Rosenberg, Stephanie Jones, <br /> Leonard Pinaud, Ralph shag, Michael Talbot. <br /> Staff Present: Robert Sherman, Agent; Frances Wise, Board secretary <br /> 5 <br /> Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m. <br /> Public Comment: Mone <br /> Old Business <br /> 1. Emergency certificate for the I lashpee Water District, Meeting House Road. Bob <br /> reported the MWD has started work on remedying their violation. However, a hillside <br /> was becoming,dangerous because of the far end freezing, so Bob gave them an <br /> emerge cy certificate.-to.mitigate this problem. This certificate can be integrated into <br /> their Notice of Intent, and he wiiII monitor the situation. <br /> 2. Popponesset Creek Dredging. Bob said we had approved a one-time dredging a <br /> year ago, and he has received a letter from BSc asserting that they got a Chapter 91 <br /> permit to dredge again without our consent. Bob wrote therm a letter stating that vire do <br /> not concur and that he is awaiting Town counsel's recommendation. In the interim} <br /> Bob was in contact with Mitch Ziencina at DBP re chapter 91, and he is of the opinion <br /> that even though they have a five year maintenance dredging permit under chapter 91, <br /> that does not obviate our order of conditions which specifies the one-time dredging. <br /> Bob thea told BSC over the phone that we do not consider them to have a valid <br /> dredging permit for any further dredging under the By-Lags and we are still awaiting <br /> Torn counsel's opinion. Bob recommended that he be authorized to send BSC a letter <br /> that this Commission voted that we are still awaiting Town counsel's opinion, and in <br /> the interim We do not regard any upcoming dredging to be legal. <br /> Jack said he was very concerned about this when it came up a year or two ago. (Elliot <br /> said it carne up both times.) Jack always felt that it was implicit that we would allow <br /> them to use the Popponesset Creek to access to-Popponesset Bay because we had <br /> approved so many docks in the creek. Even though at that time when we said dredging <br /> does not meet performance standards, we still permitted it on a one-time basis. That <br />