3/14/1985 CONSERVATION COMMISSION Minutes

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i MA;3HPEE CONSERVATION COMMISSION Meeting of March 14p 1985 The following members were present at this meeting: Dorothy G. Studley, Chairman; March I ardano, vice Chairman; Pauline eLor ; Gertrude Simmons ; and Wayne Tavares . Douglas Boyd was present in an advisory capacity. Louise Behrmann, ex-officio member, was also present . Chairman Studley, after ascertaining that a quorum um of members were � present, called for ratification of an Enforcement order signed by her and issued t the New Seabury Corporation on Saturday, March 9, 1985. She explained that this action ws.s to ed at the request of Town Counsel, Joseph J. Reardon, and Associate Counsel, John Shea, of i Gregor McGregor Associates . This is an Enforcement order under File No . SE43-316 which filing number was originally issued on November 23, 1983 . This matter is presently the subject of litigation in the Superior Court in Barnstable . She said, "Town Counsel felt that after some conference with the Building Inspector and the Natural ural Resource s Officer, - myself and John Shea that the Commission should issue another Enforcement Order because the New Seabur r Corporation did , in fact , begin work again. " Reading from the 7nf'orcement order, "The property lot/parcel number, address is the site located at and near l aushop Village ,01 "Extent and type of activity: " (1) Fill material deposited on beach and coastal bank and dune has covered over and buried building .debris and other foreign matter which should have been removed and not buried . 2 The way used for access was constructed over a coastal bank/dune without permission and involved the grading of the bark and the placement of additional fill thereon to move heavy equipment, 3 The sane conditions exist as set forth in Enforcement order dated 5/2/84 for this project. ' "Other (specify) ; "Said activity is being conducted without any application for or f ind ing of an emergency si tuat i on. The work per- formed er- f'o red in altering the coastal bank/dune area to construct the access- way and the use thereof, was not in the Notice of Intent filed by the applicant nor in the order of Conditions issued by the Commission. No notice of the proposed activity was lawfully given nor permission granted. " It was further specified that (1) All building debris and foreign ign material shall be removed from the area where fill material has been i