6/14/2018 CONSERVATION COMMISSION Minutes

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6:27 J. Peter & Carolyn J. Lounsbury, 72 Wheeler Road. Proposed septic system upgrade. RDA Resource Area: Buffer Zone to Inland Bank Scott McGann, represented the applicant. He described the proposed project was to upgrade the septic system in the area that the cesspool currently resides. He said there is enough space in the lawn area to install the septic tank/pump chamber and also to pipe the 2: line up to the soil absorption system. The Agent reviewed the Board of Health comments stating the application has been submitted and is under review. No comment from public Motion: Mr. Sweet moved a Negative Determination, seconded by Mr. O’Neill. Vote unanimous 4-0. 6:30 Edmond J. & Jeannette L. Doyle, 54 Bayview Road. Proposed removal, replacement and expansion of porch. RDA Resource Area: LSCSF, Hamblin Pond Jeannette Doyle, homeowner, described the proposed project is to replace porch and attached stairs with a new deck and stairs. She said the deck will not project any further into the wetlands than the existing home. The Agent reviewed the photos of the area and recommended a Negative Determination. No comment from the public Motion: Mr. Sweet moved a Negative Determination, Seconded by Mr. O’Neill, Vote unanimous 4-0. PRE/POST-HEARING AGENDA: Violation: 226 and 266 Monomoscoy Road – Thomas Smith. Agent recommendations for enforcement and compliance on docks at both properties, fines and revocation of permit for Oder of Conditions 43-2755 (266 Monomoscoy Road) The Agent noted a letter the Commissioners received outlining the issues associated with the project. The Agent gave a summary of the events leading to the violation. He said this was a project that was permitted under OOC 43-2755. There was an amended order to change the footprint of the dock. The OOC expired so the applicant came forward with an RDA to finish the project with the conditions still applying. The Commissioners issued a Negative Determination to allow him to complete the project. He said they checked into the background to see what the status was of the Chapter 91 license was and discovered the Chapter 91 license had not been obtained and the project should not start without the Chapter 91 license. They also discovered the piles were being jetted in and that is not allowed they have to be driven in and a cease work order was issued on May 31. This past Sunday they received a video from a neighbor showing Mr. Smith’s contractor again jetting a pile so this was a violation of the cease work order. He said he assessed a series of fines: $100 fine for lack of Chapter 91 license, a $300 fine for jetting the piles and violating the OOC, a $300 fine for violating the cease work order and another $300 fine for continuing to jet piles. He said Mr. Smith is welcome to give his explanation of this situation. He recommended a revocation of the permit that was issued for this dock and removing the dock entirely. There is no excuse to not comply with a cease and desist order. He said Mr. Smith is asking for more time so he can hire a lawyer.