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Conservation Commission <br /> n <br /> i n utes of Deem be r 1 , 2010 <br /> Executive Session <br /> Mashpee Town Hall - Conference Room 1 <br /> Present: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Brad Sweet, Lloyd Allen, Mark <br /> Gurnee, John Rogers <br /> Staff Present: Conservation Agent- Drew McManus <br /> i <br /> Administrative Secretary— Kris Carpenter <br /> i <br /> The Executive session commenced at 6:35pm to discuss the pending fine and possible litigation for <br /> Warren Fields. <br /> Agent McManus explains his prior discussions with Town counsel and the Town Manager regarding Warren <br /> i Fields and his failure to file b enforcerent order deadline. Both parties had agreed to proceed with a fine <br /> and had recommended to keep the amount under$10,000. The Agent had come up with some different <br /> figures based on daily fine amounts which were based on the timeline of June 101h to the time the application <br /> was submitted to the conservation office. Mr. Gurnee asks for the history of notifications which the Agent <br /> explains that it started with a stop work order to the contractors issued at the site. Two weeks later the deck <br /> was completed without any word from the owner so he issued. an Enforcem nt,order. The order was dated <br /> May 10, 2010 and they were given a one month deadline (June 1 O, 2010) to come in and file an application. <br /> Total notifications were two violation notices and the one enforcement order which were all sent certified <br /> mail. <br /> x <br /> The Agent mentioned that the day before this meeting was the Superseding Onsite visit with DEP which <br /> included Greg DeCeaer from DEP, Jack Vaccaro from Vaccaro Environmental and John Slavinki with <br /> Cape & islands Engineering. Mr. Fields was not present. The deck was completely gone and all the scrap <br /> wood is being stored on the side yard.' DEP listened to the consultants and the Agent in which both stories <br /> were similar except that the consultants added to say that it was a seasonal deck with no digging involved or <br /> any disturbance to the ground beyond the imprints left by the deck. The Agent had explained to Mr. <br /> DeCeaer that their decision to deny was based mostly on the failure to follow file protocol. The other <br /> reasons that also are deciding factors Were; the owner failed to demonstrate any compelling need, no <br /> narrative and no alternative analysis presented. Agent McManus anus a plain that Mr. DeCea er will take into <br /> consideration both sides of the situation and will issue their decision. Mr. Gurnee asks if this is completely <br /> independent of the fine that Concom will propose for ignoring the regulations and Agent McManus confirms <br /> that DEP's decision does not affect what is bung discussed tonight. Mr. Sweet comments that it could be <br /> months before DEP makes their decision and the Agent responds that lately DEP have been processing their <br /> Supersedings fairly quick. This should be a quick turn around a it i mostl ;`cut & dry„ and will more.than <br /> likely be approved. The Agent also mentions that Concorn can still, according to Town counsel, keep <br /> denying the project under the bylaw but the further it goes and the higher courts, the more burdens.of proof <br /> will be put on the Commission to prove that it has an adverse impact to the resource area so it may not be <br /> worth it because there is no impact. <br /> i <br /> } <br />