5/29/1997 CONSERVATION COMMISSION Minutes

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- MASHPEE CONSERVATION COMMISSION Minutes of 29 Ma 199 Commissioners present: John Fitzsimmons, Elliot Rosenberg, Ralph Shaw, Harry Desrosiers, John Johansen. The Chairman called the meeting to order at 6:55 p.m. 6:55 PUBLIC COMMENT PERIOD: Brad Mall came before the Commission to obtain an Order of Conditions for Mr. & Mrs. Roche. W. Hall gave each Commissioner a copy of a letter. Mr. & Mrs.. Roche wanted to do vista pruning along Deans Pond and to trim some willows. He met with Mr. Sherman at the site and he offered an alternative to cutting the trees down, t cut therm to a specked height. Photos were shown to the Commission that were taken last Sunday which clearly show why they want to get their view back, A photo of five years ago was also shown for comparison. There was discussion of removing the pitch pine and replacing it with vegetation. The Commission issued the Order of Conditions which was recorded. Dave Con alvi was doing the work when Mr. Sherman decided the project did not meet the performance standards for the Wetlands Protection Act. fir. Mall disagrees. The willows will be back within two or three-years. Aft. Sherman stopped work and they are here to request that work be allowed to continue. lfr. Sherman stated he did not stop work, be only limited ghat could be done. There were several problems which arose. One, that work Dave Con alvi wanted to do did not correspond to the plan and distances on the plan did not match. Also, when Brad Hall and he meet in the field they talked of trunmmg a line of sight; getting a horizontal line to top the willows. Dave Consalvi could not get up to that height, only at arras length. This has been a learning process for everyone. This is a worst case scenario involving BVW. He was not comfortable with the work as proposed. The issue could be revisited, not right now, because there can be no cutting April through November. He will have to discuss.with DEI' to see ghat the lease-line is for cutting in the BVW before abrogating the performance standards. Mr. Sherman quoted from the regs, 10.55 . In his discussions with DEP, impair means to impair its capabilities to function. There is very little precedent and the Commission should think more about it. They will have to amend the plans to show the area of cutting. No decision could be made tonight. Air. Fitzsimmons asked what the original Order of Conditions stated? Adr. Sherman stated there will be a site visit to go over the limitations. Mr. Fitzsimmons stated the type of property was not properly defined. Mr.