3/13/2003 CONSERVATION COMMISSION Minutes

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• MASHPEE CONSERVATION COMMISSION Minutes of March 13, 2003 Public Hearing Mashpee Town Hall Meeting Room 3 Commissioners present: Jack Fitzsimmons, Elliot Rosenberg, Cass Costa, John Miller, Leonard Pinaud, Ralph Shaw and Michael Talbot. Staff present: Robert Sherman, Agent; Frances Wise, Board Secretary Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m. Public Comment: Dave Foley, 45 Elizabeth Island Road, advised the Commission of an unauthorized clearing of trees at 3 Ocean Bluff Drive. Bob said he has looked into that, and it was the power company who did it. Mr. Foley said he finds it coincidental that if it was the utilities company who cleared the land, there are still trees that are touching the wires. Mr. Foley said the only place the trees were removed was on the yy, subject lot. Bob said the utilities company has been removing trees up and down Newb ' Seabury, and he also can't understand why they left some trees touching the wires44 rA • Mr. Foley said since he's not sure it's the power company who did it, he requested that the Commission issue a cease, desist and restore order, and that the property owner be held accountable until it is clarified that the utility company did it. Michael said we would need evidence. Mr. Foley said Bob has told him in their many conversations regarding unauthorized clearing around the pond that his only recourse is to hold the property owner responsible. Mr. Foley requested that the Commission obtain in writing from the utility company that they did do the clearing. Bob said he could meet with a representative from the utility company at the site and ask if they did the cutting. Non-Hearing Agenda Old Business 1. Extension request. Bob said Mr. Weiner, 78 Spoondrift Way, has requested an extension. Normally we only give one extension, but we have pending a Town meeting article which would allow us to give more than one if there is a demonstrated hardship. There is a demonstrated hardship here in that Mr. Weiner has had legal proceedings with neighbors over this lot since 1999 and has not been able to go ahead with this permitted dock and pier. Bob said we went through this situation with Mr. Blythe and Town Counsel said at that time that it was discretionary for us to waive the stipulations if we wanted to, and in this case Bob recommends we do so. • Motion made, seconded and unanimously carried to grant a three-year extension to Mr. Weiner at 78 Spoondrift Way.