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ConCom hears neighbor complaints about fence, land sale
By John Garcia
Neighb News Correspondent
The Fairhaven Conservation Com -
mis sion approved two Notices of
Intent and voted to continue two
other hearings at their meeting on
Monday, May 10th.
John and Mary Sylvia requested
approval to cut trees and install a
fence on their property at 7 Hickory
Street. Mr. Sylvia had purchased the
land from the town at an auction. He
had started to cut trees on the
property, but then was told to stop
after a neighbor complained.
Kenneth Ferreira, the engineer for
the project, stated that several
abutters had encroached on the
property when it was owned by the
town. Mr. Sylvia wanted the fence in
place to mark out his land. Mr.
Ferreira added that the fence would
be eight to ten inches off the ground.
Edna Hopkins, an abutter to the
property, stated that she was opposed
to the construction of the fence.
“I’m totally against him putting
the fence up,” she said.
Ms. Hopkins’ daughter Cynthia
explained that her mother had lived
next to the property for years, and
had not been informed about the
sale of the land, which she would
have been interested in buying.
“She’s been there for over 50 years,”
she said. “It’s like her back yard.”
Chairperson Andrew Jones told
the Hopkinses that their complaint
could be better addressed by the
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Selectboard.
“You can petition the Selectmen,”
he said.
He told Mr. Ferreira that the Com -
mis sion wanted Mr. Sylvia’s portion
of the land flagged so that it was
clearly marked.
“The issue is, I want it recorded,”
he said.
In addition, the project would
have to check if the land had a
hydraulic connection with School
Street, which would determine if the
...there could be someone
we’d transfer property with,
but the use wouldn’t change
[Allen Decker, CBB]
area was part of a bigger wetland
and not isolated.
Mr. Jones added that he had no
other major complaints.
“Other than that, personally, I
don’t have a huge issue,” he said.
The ConCom voted unani mously
to continue the hearing to May 24th.
Allen Decker, the Director of Land
Protection for the Coalition for
Buzzards Bay, appeared to request a
conservation restriction for Marsh
Island. It would ensure that the land
is kept as open space.
Mr. Jones noted that there was
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language in the
restriction
related to the
potential sale of
the land. Mr.
Decker replied
that the Coalition
would only con -
sider selling Marsh Island to another
conservation group, and that such a
situation would only arise if they felt
the other group could do a better job
of pro tecting the land. The restric -
tion would remain in place.
“In essence, there could be some -
one we’d transfer property with, but
the use wouldn’t change,” he said.
The ConCom voted unanimously
in favor of approving the restriction
pending minor changes.
Patricia Jayson filed a Notice of
Intent requesting permission to
install a dock and ramp at 82 Fort
Street. Susan Wilson, the engineer
for the project, told the Commission
that the width of the dock had been
narrowed based on the concerns of
abutters. She added that the dock
would only be large enough for a
dinghy or a small sailboat.
The Commission voted unani -
mously in favor of approving the
project with four conditions,
including a requirement that the
Commission would be provided with
the names and telephone numbers of
everyone working on the project.
Daniel Magalhaes made a Request
For Determination regarding a 20x40
in-ground pool at his property on 33
Sylvia Street. The property is within
the 100 foot buffer to Bordering
Vegetated Wetland (BVW). The Commission
voted unanimously in favor
of giving the project a classification
of negative three, meaning that it
would have no impact to the
resource area.
Carlos Pereira was scheduled to
make a Request for Determination
regarding work already done at his
property on 103 Ashley Island Road.
However, he had failed to notify the
abutters. The Commission voted to
delay the hearing until May 24th.
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Page 4
Thursday, May 13, 2010
Fairhaven Neighborhood News