5/22/2003 CONSERVATION COMMISSION Minutes

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the safety of the people who use Popponesset Spit, but it would provide the opportunity for Save Popponesset Bay to remove the dangerous sightings. Bob said introducing the dangerous sightings is subterfuge and has nothing to do Wth performance standards. if they want to appeal this at the level of the DEP regional office and they overrule us, we'll go away. That's a $100 fee, not $10,000. He said the proponents were told by Mr. Rosenberg at a previous meeting that the final order can be the one from DEP Lakeville. Bob said he thinks everyone on this Commission would take a pledge now that if DEP overrules us at the Lakeville level, we'll go away. (All the members agreed.) Bob believes the DEP will sustain us, because we're doing the right thing. He said the proponents should not be saying they don't have redress, that they have to take the variance procedure, and they shouldn't try to put the onus back on the Town. Mr. Smith said they don't even belong here because they don't own or control or have the responsibility for the waterways. Elliot said if they don't own and control the property that is the subject of their NOI, they have no authority to be before us. The statutes are very clear —they must have written consent of the person who owns and has the title to the property, otherwise they can't be here. Jack said they bought it from ~S KAHN. Mr. Hayes said since there's a suggestion that Kopel an & Paige rendered a legal opinion on this matter, why not get the opinion in writing, particularly since they have all the permits, and maybe we can develop a management plan whereby these issues will o away forever. Motion made, seconded and unanimously carried to continue to .dune 5th at 7:15 p.m., t the request of the applicant. 7:30 .r ., Erre English, 3 ocean Bluff(continued from 5/8103 . /Michael Grote represented the applicant~ He said he ret vith Bob at the site. Bob said the specific thing we are looking at is to find a comfortable agreement on the delineation of the top of the coastal bank, It's a complex bank issue and we can't make a decision as to whether the performance standards are met until we determine the delineations. Motion made# seconded and unanimously carried to continue to June 5th at 7:40 p.m., at the request of the applicant. 7:35 p.m., Michael Grand, 91 ll onomoscoy Road (continued from 5/8/03). Dave Sanic i represented the applicant. He said they had a response from the Division of Marine Fisheries, who had concern about the float and the shallowness of the water. However, the float is not a DEP issue because it's a Harbormaster o-A float. EP's comments should be forvyarded to the Harbormaster to confer Wth the Shellfish officer to resolve that issue with the Fisheries because the float is not part of the permit application. Bob recommended approval.