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Conservation Commission <br /> on ; <br /> Minutes of September 2, 2010 <br /> Public Hearings <br /> s <br /> Mashee Town Hall -Conference Room <br /> Commissioners: Chairman Jack Fitzsimmons, vice Chairman Ralph Shaw, Mark Gurnee, John Rogers <br /> Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary) <br /> i <br /> Call Meeting To order. 6.55 pry -.Public Comment <br /> i <br /> There was no public rx ment. <br /> i <br /> i <br /> Pre/Post Hearin enda: <br /> 1 Minutes: Approval of the following minutes: Thursday, August 19, 2010 <br /> Commissioner John Rogers had a couple of questions regarding the Minutes from August <br /> 19th and they were explained by Agent McManus. <br /> Motion'made, seconded and unanimously carried to approve the minutes of August 19, 2010. <br /> 2 Enforcement Order 138 Ninigret Avenue: Agent McManus explains that there is a road behind <br /> Ninigret Avenue called Sakonnet Drive which part is drivable and part is not. The section behind 138 <br /> Ninigret Avenue is drivable with a small section of sandy beach beyond the road to the water {John's <br /> Pond .. Homeowners only own-to the middle point of the road, unless they can provide proof <br /> otherwise to show ownership to water. He received a call from a neighbor reporting ai shed was <br /> being put up on the beach which he confirmed and then proceeded to send the owner a violation <br /> notice that instructed them to remove the shed immediately. -The Agent has made several phone <br /> calls over the course ofth summer and to this date; the shed has not been removed from the beach. <br /> Agent McManus has noticed that quite a few homeowners in that area have put up their own signs <br /> and have left personal Mems on the beach. Overtime, it has developed to "unofficial 13 private beaches <br /> and the Agent has been trying diligently to explain to the owners that it is not their private beach and <br /> new structuribs are required to go through a permitting process with the Conservation Commission. <br /> n. <br /> Paul Griffin, the owner of 138 Ninigret, addresses the Board and explains that his another lives at 138 <br /> Ninigret Avenue. He mentions that at the time when he bought the property, he had asked the <br /> previous owner as to who owns the road and the beaches'and was told that the property owners are <br /> responsible for the care of the beach front areas and the road. Mr. Griffin also mentions that the <br /> further you travel down the road, where the road becomes impassible, the owners there have put <br /> many structures on the beach. He has spoken to Mr. Fudala (Planning Dept.) who also confirms that' <br /> ownership questions are confusing. Agent McManus states that proof must be submitted in the fora <br /> of a legal document to be allowed to permanent objects or structures on the beach. Mr. Griffin is very <br /> agreeable and will do whatever the Commission says to do. Chairman Fitzsimmons urges the <br /> discussion to be moved along and agrees with the Agent with the demand of removing the un- <br /> permitted shed. <br /> Scott Luber, Mr. Griffin's son, explains that he and his cousin had built the shed. He states that he <br /> had spoken to the Building Department regarding restrictions and they told hire that there is n <br /> restriction if under a certain size but Mr. Luber does explain that he did not tell therm that the shed <br /> was on the water because he did not know there were conservation restrictions as there are several <br /> t <br />