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Conservation Commission <br /> .June 6, 1991 <br /> Page 15. <br /> with that. If you would want to say that a shellfish survey needs to be done each <br /> season and perhaps some replication, I think perhaps we could live with that. I <br /> am asking you not to force us into a direct adjudicatory hearing because that is <br /> where we will have t . <br /> COEEEY: And lacking that? <br /> HES: okay, I have ,just been informed that, information that I didn't know., Mr. west <br /> would not agree to a new permitting structure with the transfer of the property. <br /> SIMMONS. He would not <br /> ESROSIERS: I vote to deny,. <br /> I have a question. . . SSIERS; I make a motion that we vote to deny.) <br /> Before you do that I have a question. I am not sure we can I i i t the permitting that <br /> way, 1.iit the order of Conditions -I don't thin we can. } <br /> SDIKONS: I don't think It is legal. It's denying his rights, or due process, or <br /> whatever. <br /> HOM YER: Harry rade a motion, I'll second it. I don't thin we have a legal leg to <br /> stand on but by dam, we have to make a stand sometime, somewhere, I'm sorry it I <br /> Mr. West, but it has to be done. <br /> SIMMONS: And it has nothing to do with Lack of information. <br /> LANNIK: Let me ,just put it on the record I'm not going to be voting or involved in <br /> this, <br /> CO 'N'EY: The motion is made and seconded, all in favor? dose opposed, none and one <br /> abstention noted. <br /> HoMEYER: I do want to also state for the record that I have read 91 and Norm is right <br /> as far as I can-read 91 that that ramp goes with the float as long as it is bottom- <br /> anchored and it is clear that it is a 91 permitted structure, the Moat and the ramp. <br /> I have to' agree with Karry, we have to take a stand somewhere,­ sometime, and this 'is <br /> the time. <br /> DESR SIERS: My stand is that this is a direct contribution of detrimental effects to <br /> the environment, the eel grass, the marsh, shellfish, and if that isn't under the <br /> Purview of the Conservation Concession and if I'm here to uphold the things we are <br /> trying to do in a positive direction on the Conservation Comrssion, that's why I <br /> m voting the way I arra, <br /> SECRETARY: Is this a straight denial.? <br /> ? <br /> SIMMONS: I thin we should deny without pre judice. <br /> ] ESR SIERS: I'm willing to work in any way we can to allow him to have a boat. I- <br /> would not deny anyone the pleasure of a boat, however. . . . , SIN MNS: bake a compromise <br /> t a future date? <br /> HOMER: Did you deny without prejudice which would all.ow for compromise Later or <br /> just a straight denial, <br /> E R SIERS: I would vote to give the man an opportunity to make some concessions on <br /> this and I would vote for without prejudice, <br />