8/9/2012 CONSERVATION COMMISSION Minutes

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Chairman Fitzsimmons states that DEP should be contacted to see where they stand. Agent McManus says they will clarify with DEP whether the project, in its current state, is a violation or not allowing performance standards to follow through; is it still allowing sand secretion to the beach. Chairman Fitzsimmons states that it is unfortunate that these issues have not proceeded since earlier in the year so he suggests going ahead with the enforcement ent order/plan with Tidewat h and further . discussingBayswater after the agent speaks to DEP. Mr. Sweet asks if Tidewath should core back on the 2 with their plan on how to fulfill the nourishment. Mr. Fogel asks for more time so that he can spear to his consultants to devise a plan; he asks for August 31". The Chairman agrees so that it can be submitted prig to the first meeting in September. Motion made, seconded and unanimously carried to approve a plan submittal deadline of August-31't and discussion at the September 13th meeting 5) REMINDER: Richard Cook SOC Appeal --The superseding onsite is scheduled for August 22nd at :30am. They will start in Conference Room 1 for discussion from both parties and then proceed to an onsite. M . J.alowy asks if markers can be planed onsite and also suggests visiting Mr. Cook's other operation in Ockway day. 6 UPDATE: Johns Pond dock issues- Sakonnet Drive —Agent McManus explains that there'have been a series of 1 OA floats converted into docks along the drivable portion of Sakonnet Drive. He would like to organize a sight visit with as many Commissioners that want-to attend and take a took at the area. Sakonnet Drive is a paper road that abuts a portion of John's Pond shorefront. Some portions of the road are under water but some are still drivable although it is unknown ghat the existing layout of the road actually is. Along one particular section, residents have anchored these walkways with cement blocks when they should be helical or mushroom bottom anchored. The Harbormaster is trying to bring them-into compliance. Town Counsel has said that there are a lot of portions of Sakonnet Drive where residents' yards go right up to the water and it remains to be seen in the absence of professional surveying whether Sakonnet Drive still exists or is under water. Then there is an issue of where the portion of Sakonnet Drive than does exist; the homeowners have docks on the other side of the road. It needs to be legally clarified if they own up to the water or up.to half of Sakonnet give but in the meantime, the Harbormaster has asked that the walkways/ramps walkways/rampsbe immediately removed. One woman in particular is refusing to remove the structure and has contacted an attorney who requested documentation that we may have authorizing the dock. The agent states that we have checked into it and we do not have any paperwork to provide to this attorney that will authorize the structure and he noted for the record that it is not our obligation to do research on her behalf. If she is making a claim than the burden of proof is hers. - 7) Mashp a rational Wildlife Refuge: M U/ CCP—The Mashpee national Wildlife Refuge a is holding a meeting on August 10'h if any of the Commissioners are interested. It will be at the Waquoit Bay Research Reserve at 2pm at the boathouse. They will be discussing the Memo of Understanding for the Partnership Refuge and also the Company Conservation Plan. 8)i 65 Seonsett Point Fid- Superseding onsite i---Agent McManus had a superseding onsite with the Lingamfelter's Notice of intent; where the Commission denied the construction of a boathouse and additions to the existing home. The went states that there is a 21 day deadline to issue the order of Conditions. These orders did not get issued within that time frame and Attorney Wall who was representing the Lingamfelters pointed to ar legal precedent that states when Doncorn does not issue Orders within 21 days, all aspects of the bylaw are removed completely. DEP has no standards for flood zone. Mitigation requirements would also be dismissed. The agent states that it loos likely that this project will get a Superseding order of Conditions for approval. The Lingamfelters are still willing to F