9/2/2004 CONSERVATION COMMISSION Minutes

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i MASHPEE CONSERVATION COMMISSION Minutes of September 2, 2004 Public Hearing Masbpee Town Hall Meeting Room 1 f P+ Commissioners resent: Jack Fitzsimmons, Charman, Michael Talbot, Vice Chairman, Lloyd Allen, Cass Costa, and Ralph Shaw. Staff present: Bob Sherman, Agent, and Frances Wise, Board Secretary. Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m. Public Comment: Jim Ryder, 99 Bayshore Drive, said last spring he inadvertently trespassed onto Conservation land and cut some small saplings, a couple of trees and general vegetation. He shored photos of the area taken recently which show that some of the growth has grown ft. high. Bob said he seat a violation to the Association that owns the land, and Mr. Nyder is asking for some relief from our mitigation requirements. Bob told him only the Commission could do that. He said we wouldn't normally permit a path this wide, but only 4 ft.'wide, and if the Association wants a path, four feet of-the present path would not have to be revegetated, but the Commission would have to make that decision. Bob said vire normally require a plan and evaluation by a qualified person as to what was taken out and what can be done to the recapitulate the wildfife habitat in as near a timeframe as possible. He said thea were some sizeable trees taken down. Jack said we need a letter from the Trustees of the Association confirming that they have approved of the plan submitted by lir. Ryder. Bob said the Association has said that they will comply with whateverwe d cide, and he will submit the plan to them. In summary, Mr. Ryder was told that he must have a qualified person prepare a plan that indicates what was done, a proposed mitigation plan, and the Association's approval of the plan. Non-Hearing- Agenda 4 Old Business: 1. Approval of minutes for 06/24/04, coo , 07/22/04, 08105/04 and the minutes of the 07/29/04 meeting to interview the three top applicants for the position of Assistant Conservation Agent. Motion made, seconded and unanimously carried to approve the above minutes. . RLS— Erosion Problems. Bob said we'recently had a " rainfall, which caused a couple of serious erosion problems, and he-s sure there are more than those he's aware of. He's been ., thinking for some time about sites that have erosion problems which could impact resource areas, and while they don't constitute a violation, there ought to be something done about there. F So he has asked Town Counsel if under the Wetlands Act we can perhaps get some improvement on such problem drainage situations. If the erosion is.worse because of violation, we certainly can ask for resolving the problem. But if it's strictly an act of God and/or an accident or vandalism, he's not sure how much authority we have. Bob has discussed this with Joyce Mason. No decisions have to be made by the Commission at this point.