3/22/2012 CONSERVATION COMMISSION Minutes

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Resource Area: Buffer Zone to B VW Associated with Dean's fond Material subm fed. Buffer Strip Restoration .216112 t ro Environmen tal Consulting Photos ExistinglProposed 216/12 Vaccaro Environmental Consulting 10 8 Jack Vaccaro from Environmental Consulting is re presenting for the home owners and explains that this project is purely buffer restoration on land directly adjacent to the Dlaklis property. The land that is going to be restored is actually owned and maintained as a walking trail by the Popponesset Beach Association. Mr. Vaccaro states that they will restore the degraded areas within the strip with native plantings. PBA has asked Mr. Vaccaro to incorporate as part of this filing the permission for them to clear some of the bittersweet vires that have taken hold of the area at the end of Pembroke and plant with some bayberries. Mr. Vaccaro states that PEA had endorsed the plan when they met last month. Motion n marde, seconded and unanimously carried for a Negative Determination 7:06 R c hard cook *043-2692**(Poppo nesset Bay) create and operate an aquaculture project w ith ma i ntei nar n ce i in perpetu ity - N 0 I *Continued to April 2 6, 2 012 @ .•o Resource Area; Land Under ocean Material submitted: 14 j Vice Chairman Shaw states that there was information received earlier and the agent has , not had-time to review the documents so he has determined that a continuance is necessary until April 2 , 2012 at :oopr . Richard Cook asks ghat, if any, i ouId-stop the Dryer from corning on Apri 126 with more `pertinent" information. Mr. Cook asks what some of the topics are within the documentation that the attorney dropped off. He understands that one of the items is the notification for abutters and he had thought he understood that the limit for notification.to abutters was 100' from the project boundaries. Agent McManus states that the actual property of the proposed aquaculture farm i Popponeett Bay and thus all abutters to the bay (abutting mean lover grater) must be notified based on the Ch. 172 by-laver section 172-5(3). Mr. Cook asks if this was deme for the Tribe's eight i acre grant and the Agent says that he does not know and will have to research it. Ick York, Mahpee Shellfish Constable, asks if the continuance date can be changed a the will be away on vacation than week. Agent McManus states that he asked for this date to allow for reasonable time to review all the documents that were submitted by Attorney Wall. Mrs. cook also states that she is on vacation at that time a well. She also feels that there should be an official legal ruling regarding the boundaries of notification and that three creeks should be sufficient time to review this.so she is asking that the continuance be for April 12 th. Agent McManus states that he i not comfortable with that time frame as he needs more time to review the attorney's objections and th seek Town Counsel's legal advice on abutter notification requirements under the by-lair. April 2 would be the most reasonable date to-accommodate proper research and provide recommendations for this proposed project. . A resident asks the-Commission if there is a policy or procedure on-presenting material prig to the hearing. Vice Chairman Shaver states that there is due respect to all,entries and it is the Commissions feelings that this material deserves the attention it is getting. Agent McManus confirms that there is no language in the bylaw that addresses the submission of material from abutters so,therefore there is no requirement. Motion made, seconded and unani ousl 'oarrried to continue to April 26, 2012 at 7:00pm 7:09 Kevin & Mary Ellen felly (123 Tide Run) beset existing float arra float piles to same footprint. Repair decking arra frame and install new ramp Resource Area: LSCSF, Land Under Ocean, Salt Mars 2