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Conservation Commission <br /> June 6, 1991 <br /> Page 6. <br /> SROSIERS: The anchors, 18 X 18? (18") Square? (Round mushrooms), <br /> C F'EY: I differ with your comment that this is new information from the Shellfish <br /> Warden, I don't think this is information, I think it is interpretation. This is <br /> his considered opinion and interpretation of previous information. <br /> HAYES: But you do have a copy of my shellfish report with the transects and pop-- <br /> ulations, i was never, one to say there wasn't a viable shellfish population but <br /> what i did say was the fact that there was some, not a great deal, but outside <br /> there was a good population and we recognize that. <br /> COFFEY: I -recall your testimony at the time that some of the dead shellfish you <br /> indicated were from the float squishing them, is that true? <br /> HAYES: No, no, what I said is right in my shellftsh report. what there is right <br /> now.is you have a float like this sitting in the water and then you have the bank <br /> and an inter-tidal area between. What happened is there is a plank that was resting <br /> from the shore right up against the float itself, What happens is that the green <br /> crabs and blue crabs will get under the plank because it is. a great place to hide <br /> because they are predatory and walking up the plank you gust squash then and I rade <br /> that part of mfr shellfish-report. This situation would eliminate that. <br /> CO Q: I can't help but look at this as an enol run, that you have a 10A float, <br /> then you got perhaps an allowable ramp, and, in effect, you have a dock that cir- <br /> cumvents the ACEC scrutiny and doesn't have the performance standards or it wouldn't <br /> have to go through the same regulatory oversight as an honest-to-Cod dock, but this <br /> one I think, in effect, will serve all of the purposes of a cock, for a dock because <br /> it looks and quacks like one. <br /> HAYES: But this commission fortunately has the ability to develop an order of <br /> conditions to regulate how Nr. Nest will utilize the channel that you have defined <br /> n a plan for you and can dock his boat let's say on the western side of the float <br /> itself and the purpose of our last survey was to go out there to find the depths <br /> and we did quite an extensive survey for you. You W'1411 notice on the plan that we <br /> surveyed not only Mr. west's property but both the abutting lots and we did find <br /> the deepest water and we did .find the channel that would service his float and we <br /> also recommended his boat be docked on the western side of the float. I have a <br /> tendency to agree with you, but the regulations as they are written and as they <br /> are in effect allow for this type of activity. It is perfectly legal. and I think <br /> maybe it is incumbent on the board to come exp with an order of conditions that <br /> everyone can live with here. we have been sitting here, I think this is the third <br /> Notice of Intent, and we have con lied with every request of the commission. I <br /> thin Mr. Nest has run out of options here, he's done everything he could do and <br /> he has complied fully with the law as it is written. we do have an appeal that is <br /> sitting in DEP right now that he wishes to withdraw, if he can get an order of <br /> conditions. <br /> DESROSIERS: Are you moving the existing float closer and into more shallow water? <br /> i <br /> HAYES: No, what 're doing is mi oving it approximately ten feet to the east as the. <br /> Plan shows gust to line it up with the end of the walkover structure. <br /> CO FE . The official status, there is an appeal pending that he would like to with- <br /> raw HAYES: Absolutely) and the third NCI status is discussion only, not submitted' <br /> HAYES: No, it is closed, welre hearing it now. we started this back in 1988 or 89. <br /> SI ' 'IONS: I believe the last time we heard this was on the fourth of April* <br />