7/26/2018 CONSERVATION COMMISSION Minutes

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The Attorney said since there is not a sense of urgency we are looking for more additional time to obtain more evidence and more clarification. There was more discussion and the Agent reiterated town counsel said if the Commissioners were to issue an order of resource area delineation, she will make a note that these resource areas are present and they are not part of the ANRAD and that takes care of the issue. He said the Commissioners would make note that these resources are present around the island and using the template from town counsel, a draft would be prepared indicating that these resources area are present even if they weren’t identified in the ANRAD. There was much discussion. Motion: Mr. Sweet moved that the Commissioners accept the ANRAD/close and issue an ORAD with the condition that the situation regarding the location of land containing shellfish and land under ocean be described as a condition to the approval and that the Agent will get it templated by town counsel. Seconded by Mr. O’Neill. Vote unanimous 4-0 6:27 Thomas F. & Bonnie A. Smith, 266 Monomoscoy Road. Enforcement hearing: DEP 43- 2755. At request of attorney, continued from 7/12 Enforcement Hearing The Agent reviewed the background and stated there are two enforcement pathways before the Commission. A revocation of the existing license 43-2755 and the requirement of a Notice of Intent to complete the project and have the process basically start over. Right now, there is a cease and desist order on the property. He stated he received feedback from town counsel and since the Order of Conditions has expired, the Commissioners cannot revoke an expired permit. The best protocol moving forward would be to have the homeowner file a Notice of Intent with credentials of a qualified engineer to submit engineering plans of what was built and what is yet to be built which is the remaining portions of the float and associated piles and an inspection of the total project. The intent is to make sure the existing structure is stable and not causing any impact to the resource areas and that the remaining portion be done in accordance with those conditions for the remaining portion of the project. He noted Mr. Smith has paid $1500 in fines. Attorney Christopher Kirrane stated they are willing to go forward on the basis of what the Agent stated. He said they have hired Beacon Marine to go forward along with Mr. Bunker from BSS Design. Motion: Mr. Sweet moved that the applicant file a Notice of Intent with Engineering Plans for the purpose of assessing the existing dock and completion of the existing dock within 60 days, seconded by Mr. Smith. Vote unanimous 4-0 6:30 Promulgation of changes to Chapter 172, Regulation 27: Docks and Piers – Public Hearing and Comment The Agent reviewed the proposed changes to Chapter 172, Regulation 27 which were mostly formatting changes. He noted the new section 6 which is mitigation, docks, bulkheads, retaining walls. He noted the enforcement and fines. It was suggested to eliminate the “coastal docks” and replace it with “all docks”. And mitigation language be added. No Public Comment Motion: Mr. Smith moved to accept changes suggestion by the Conservation Agent for Chapt4er 172, Regulation 27: Docks and Piers, seconded by Mr. Sweet. Vote unanimous 4-0. PRE/POST-HEARING AGENDA: (cont. Enforcement Updates: