12/19/2002 CONSERVATION COMMISSION Minutes

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always bothered him, because if we felt they shouldn't do it, why should we allover there to dredge at all. He agreed we should get advice from Town counsel. Bob said he had told Jack, Elliot and Len that he had told therm at the time of the hearing that the proper course of action was to go to the DEP Commissioner and try to get a variance. If they chose to go that route and we chose to address it, then the matter would be out of our hands. Elliot said what bothers hire is that even if we or the Commissioner give permission, does that eliminate the corps of Engineers requirement that we receive a study. Bob said no, vire are simply talking about the Act. Bob said the reason he wants to go to Town counsel is that he wants to make clear that this is true under the By-Lair also. Chapter 91 Maintenance Schedule License says dredging is subject to all other applicable local permits. However, that is a little incongruous because with the ,majority of cases, the legislature and the Act prescribed that right to be DEP's (lace with cranberries). If so, then the local By-Law does not apply. Bob said even though the Commissioner could give a variance, we could allow therm to do it main (which is not the course of action he recommends), but they Mill have to get Town counsel's approval for that. Elliot thinks there should be a sentence in Bob's letter pointing out that regardless of action here within the State, they still have to oomph,with the Army corps of Engineers. Motion made, seconded and unanimously carried to authorize Bob to write a letter stating that the Board has voted that until we have a final determination from Town Counsel, we do not consider DEP's permit to be valid. 3. Violation at seconsett Island - shellfishing without a permit. Bob will issue an Enforcement order. . sal uerro Violation, 212 Wheeler Road. Bob said they have done about 0% of the planting required and he recommended closing this issue. All agreed. 5. Request for waiver of continuing condition - Southport. Bob said there is a standard order of conditions stat i ng that when new owners corn in: we have to be notified. This is seldom done, but it's a good idea because the order of conditions goes with the property. This is for the Southport golf course, and he doesn't think it should apply pp y here. He recommended he send a letter saying not to worry about it. . Mashpee River bridge. Bob reported that Steve Hurley, Division of Fisheries Wildlife, said we have a serious problem with a bridge where a crack is growing o rder. He is concerned that there will be a failure with the bridge, and he has notified the DPW and the State, but he doesn't know if they are going to do anything about it.