3/28/2013 CONSERVATION COMMISSION Minutes

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there is no permanent solution, thus additional nourishment to protect the coir envelopes and nourish the beach may be required. r I'll1r. colauonno states that he will only agree to the first three conditions on the enforcement order and the agent states that he will want a consultant's advice as how long the coir envelopes can be exposed before they start to jeopardize the project. The performance standards for coastal beaches need to be upheld and enforced. Mr. Sweet recommends that the Commission deny Bayswater's request to change the enforcement order and request that Bayswater return with their consultant. Agent McManus states that the Commission will need to give a time line for this request to c reply. Mr. Gurnee says two weeks and Mr. Sweet suggests April 11Ih. Mr. Gurnee states that they should start the enforcement compliance work and Mr. Cola uonno states that they will not until condition #4 is removed. Agent McManus says that they would thea be potentially subject to daily fines for noncompliance. Mr. coiaruonno responds that they will go to litigation if the condition isn't removed. Mr. Sweet states that Bayswater has actually exceeded what has been required but they do not want to have it in writing and be told ghat they have to do. M . Jiowi is concerned of what would be conveyed to a new homeowner and Mr. Colauonno states that the Homeowner's Association would be responsible. Chairman Fitzsimmons states that they need to comply with the enforcement order and the agent suggests a motion could be set to seek a professional opinion of clarification and the Commission could take that into consideration of a possible editing of condition 4. Mr. colauonno says they would agree to that if the commission were willing to extend all the dates; they could get a consultants opinion by the next meeting of April 11I". Agent McManus says if the opinion is submitted by April 1 1t than there would be no need to extend the deadline of May 24In for full compliance. Mr. cola suonno says it will take 5 weeks to get the rubber spacing in and Mr. Sweet says to order it now because it will stili have to be done no natter the outcome. Agent McManus says to submit the consultant comments by April 11"' and if the spacers cannot b brought in by the deadline than on April 11 th it can be requested to change the enforcement dates. Motion r a de, seconded and unanimously carried to continue the request of revisions to the Bayswater Enforcement order until April 11119 2013. 4 Tidewatch: discussion on beach nourishment obligation timeline enforcement and materials submitted Agent McManus reads a letter that was submitted from Barry Fogel which requests more time to further evaluate the mitigation.nourishment requirement of Tidewatch. Mr. Fogel is asking for a dontinuance to April 25th. Agent WManus states that he is concerned about how each of the parties continuously asks for continuances each time one or the other submits an analysis and recommends ar concrete timeline for submission of all inforrmation with no exceptions. Tidewatch has an enforcement order and it should be dealt with in an expeditious manner. Chairman Fitzsimmons asks for a motion to inform Tidewatch that the Comm ision will review Tidewatch's final presentation on this subject on April 11 th. Motion made, seconded and unanimously carried to inform Tidewatch that the commission will review Tidewatch's final presentation on this subject April 1111 b Land Stewardship updates Americorps week) Cont'd —Agent McManus recommends the Commission to loots over Michael Talbot's proposal as it is very extensive. This item can be continued to April 11 In to give time to review. 6) 2013 Herring count Program —The Herring Court Program has started and training was given on Wednesday, Manch 27Th. The darn has been finished and the pond water is now recharging. The fish 5