6/28/2018 CONSERVATION COMMISSION Minutes

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Peter McEntee represented the applicant. He stated the project was to install a septic system upgrade. The Agent reviewed the installation on the plans provided and noted the Board of Health commented that no information has been filed. Mr. McEntee stated the Board of Health application was filed late today. No comment from the public Motion: Mr. Sweet moved a Negative Determination, seconded by Mr. Smith. Vote unanimous 4-0 6:00 Joseph N. Napoli, 204 Captains Row. Proposed septic system upgrade RDA Resource Area: Riverfront Peter McEntee, represented the applicant. He stated the proposed project is a septic system upgrade and explained the installation of the system. The Agent reviewed the plans provided and the Board of Health comments which stated not in Zone II and the plans are under review and the number of bedrooms proposed is still in question. No comment from the public Motion: Mr. Sweet moved a Negative Determination, seconded by Mr. Smith. Vote 4-0 PRE/POST-HEARING AGENDA: (cont.) Letter of interest: Marty Bregman The Agent introduced Marty Bregman and referred to the letter of interest to be appointed to the Conservation Commission. Mr. Bregman reviewed his background and expressed his willingness to become a full time Commissioner on the Conservation Commission. The Agent explained the process for the appointment and thanked him for his interest. Distribution/discussion: Thomas Smith Withdrawal of Aquaculture Grant application Violation - 226 & 266 Monomoscoy Island-Tom Smith- Agent recommendations for enforcement and compliance on docks at each property. Agent recommends fines and revocation of permit for 43-2755 (dock permit at 266 Monomoscoy Road) The Agent stated this is a discussion on the violation of Mr. Smith at 226 & 266 Monomoscoy Island. He reviewed the details from the last meeting. At 226 Monomoscoy, the dock was found not to have a Chapter 91 license. He gave Mr. Smith some information and asked him to obtain the license and bring it in to the office. He hasn’t received anything since. 266 Monomoscoy Rd has several issues. The lack of a Chapter 91 License, the jetting of piles which is a clear violation of the Order of Conditions. As a result, the project was issued a cease and desist order on May 31 and by evidence of photographs and videos from neighbors that cease and desist was violated twice and each time the jetting of piles by the contractor. He recommended the following in the way of fines. $100 no Chapter 91 license at 226, jetting of piles on two different occasions $100 for each, violation of cease and desist order twice $300 each violation for a total of violation of fines $1,000. He also recommended in lieu of violating a cease and desist order twice is to revoked and the removal of his dock license at 266. He recommended the applicant pay the fines which are tied to the enforcement section of the bylaw. All other efforts have been exhausted and violated. He noted the Order of Conditions has expired. He said he would have to talk with town counsel to see how to proceed.