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Conservation Commission <br /> .June 6, 1991 <br /> Wage 17. <br /> ] E ROSIEi : If I could deny him the rights to the planks, I would. <br /> COSTA: No, I'm ,bust asking a question, does he have the right to put down planks? <br /> IESOSIER.S: There is no way we can stop him. <br /> COFFEY: It is the subject of some contention with us, a dual. ,jurisdiction, that's <br /> 10A harbormaster float issue that is also a Conservation issue. The harbormaster <br /> can permit it, the Conservation Concession can deny it. <br /> SIMMONS: It's not simple. <br /> COSTA: Does he have the right to put down planks? <br /> M=: As I understand i t, no, <br /> KIONS: No. <br /> COFFEY: Maybe. <br /> COSTA: Yes, no, and maybe. So he can go and put planks down and crush the wildlife <br /> and. . HOS: If he were to put planks down that did damage to the environment he <br /> would be served with an enforcement order and attending fines. <br /> DESR SIER. : In the filing it -stated that he has put planks down, that he has killed <br /> wildlife. . . .(HOM=: Then he is violation, as far as I I m concerned. <br /> COSTA: There are no planks there. <br /> ESROSI RS: Then somebody apparently misfiled. <br /> AYE : Timeout people. . . .A year ago when the second notice of intent was filed <br /> there were planks there; there are no planks there now but at one point there were <br /> planks there and the crabs would hide under the planks and when you walked on them <br /> they would compact so we got a deny.al. <br /> COFFEY: We have a motion made and seconded to amend. . . . . . . <br /> COSTA: I just have a couple of more questions, I am fascinated by this whole process. <br /> This has been going on for three years, to get to a denial, three years down the road, <br /> through all these filings, all this information and all that stuff, why wasn r t it denied <br /> three years ago? <br /> .SIMMONS: It was, and he appealed. <br /> COSTA: So now you're saying you are going to deny Without prejudice and then he can <br /> appeal again and he can -appeal again, although he meets the statutes of the state. <br /> ]'AYES: I think what Cassie is saying is that I think everyone recognizes he meets <br /> the current regulations of the town and the state butyou're denying based on basically <br /> moral, guidance <br /> COFFEY. No, ' I don't think everyone agrees with that. <br /> ESROSIERS: Damage to the enviroment, wildlife, and I believe that is the purview <br /> of this co r i.ssion. <br /> SIMMONS: Under the town bylaw; we're working in an ACEC area. <br />