03/18/1993 CONSERVATION COMMISSION Minutes

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Conservation Commission March 18, 1993 Page 4. Mr. Sherman stated when Mr. Ferguson first- contacted him, and he was correct, the solomons were nae to file and pay an After-The-Fact fee. The land in question is not dune, not beach, it is Land Subject to Coastal Storm Flowage with no performance standards. It would look better to have beach grass; he could not tell whether the vegetation was dune grass from the picture. They have gone through the process; they have complied with the law. It may not be what everybody wants to see but the Commission has no legal right to tell them to put something else in there. They can change alterations, as long as they file for them. Ms Lannik stated the Commission has no authority to dictate. Mr. Sherman pointed out if it was a dune, it would be a different story, Mr. Desrosiers suggested that Mr. Ferguson try to meet with the applicants and address these problems and try to reach some compromise. Mr. Sherman stated, if the Commission were to deny this and tell them to go hack to what they had before, and they appealed to DEP, DEP would say they met the performance standards. Mr, Iesrosiers stated there is no basis for denial.. Mr. Ferguson asked that the minutes reflect that he was present for the hearing. Public comments were requested; there were none. VO : Motion made and seconded to .amend the Order of Conditions as specified b the applicant with respect to the crushed stone catchment area and include the air conditioning umt in the amended order. Unanimous Note. Mr. lavinsky the plan Ian i extremely accurate; conditions shown are exactly the way things are. Mr. Desrosiers asked that if there are any changes planed from this plan, the Commission is to be notified prior. Mr, Sherman stated the Solorons clearly understand this concept it was explained to them at the on-site. HEARING CLOSED, Amendment Accepted. R