10/9/1997 CONSERVATION COMMISSION Minutes

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MASHPEE CONSERVATION COMMISSION Minutes of 9 October 1997 Commissioners present: John Fitzsimmons, Effiot Rosenberg, David Sharpe, Marry Desrosiers, John Johansen. The Chairman called the meeting to order at 6:55 p.m. :55 PU K COMMENT PERIOD: William Haney, abutter to the Mashpee Marketplace Nominee Trust application to be heard at 9:15 p.m., advised he could not be present for the hearing and asked to speak. He advised a suit was just filed by his attorney against this property. They had no right to do anything without the case being adjudicated. He could not reach Michael Grotzke today. He suggested this be tabled. Mr. Rosenberg asked if there has been no m3unction Mr. Haney stated yes. The Chairman stated his request would be taken under advisement. lir. Rosenberg will review this. 7:10 ELLIOT ROSENBERG for a Determination of Applicability on a request for maintenance in perpetuity on an existing dock with Chapter 91 permitting, License x#113, at 17 Pontiac Road. Mr. Rosenberg stepped down for this hearing and left the room. Mr. Sherman stated the only thing needed is to have Mr. Rosenberg change the title block. . Public comment: Alan Bath cane forward and stated he was surprised that with a new building there is notbin.g for the hearing impaired. He asked how old is the dock's The date for certification on the plan for Chapter 91 is 1972. Mr. Bath asked when it was filed with Chapter 9 1 Mr. Sherman stated that is not germane. Mr. Path asked if there was any approval by the Commission in Mashpee prior to this? Mrs. Lund advised there was a very early ung with the Commission back t that time. The Chairman suggested if Mr. Bath has a number of questions not germane this evening that he male an appointment with the staff and he will. be helped. Mr. Path had a difference of opinion. He asked why this was wed under an RDA? Mr. Sherman stated because it has been the Commission's policy that if someone has a prior Chapter 91 permit that is legal, maintenance can be allowed with an RDA. Mr. Bath asked if this is grandfathered? Mr. Sherman stated yes, in the sense that all they Have to do is file an RDA.