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Conservation Commission <br /> May 17, 1990 <br /> Executive Session <br /> Page 2. <br /> Behrman:: It was a well vegetated edge of bank and the original vegetated buffer was <br /> supposed to be there. He infringed into that vegetated area several times in the <br /> course of construction, got reprimanded. <br /> Halpern : What did the suit entail? <br /> Behrman: Basically, we issued an enforcement order becuase of this latest clearing <br /> and the drainage going down the bank telling him to take the drainage out, submit <br /> a vegetation plan for natural revegtation; take his lawn out that is going right <br /> to the lip; come back with something that approximated what was there which he had <br /> been told to leave there, Instead, he submits a letter saying that he's going to <br /> leave the drain there; he thirds it 's fine. Supposedly it was installed under <br /> Aubrey's supervision which i t wasn't, The landscaping pIan did not comply with <br /> what we- told him to do; that was, I believe, the subject of the last blotice of <br /> Intent.and we denied it and told him to do what we told him to do in all the <br /> enforcement orders and to do what he had .been told in previous Orders of Conditions. <br /> He appealed and sued. <br /> Halpern : He appealed that denial? <br /> Behrman: He appealed that denial and it is a very confusing case because everything <br /> builds on previous applications; you don't have an application in isolation, it breeds; <br /> the stack of papers is that high. <br /> Halpern : When did DEP come out with. . .what was their finding? <br /> Simmons : They said that because Dr , Aubrey said that the catch basin was all right <br /> they would leave it there and leave the lighting where it was but he would have to <br /> vegetate the top of the bank. <br /> Coffey: That about the <br /> Sherman: They permitted it. Whenyou get David Aubrey saying it's right; he has a <br /> lot of influence, but I think he is wrong. <br /> Behrman : I would still like to see hire on a witness stand saying that. <br /> Halpern: So they still wanted it vegetated. <br /> Simmons: Yes, and they issued i m this Notice of Non-compliance which meant that <br /> he was an extremely flagrant violator. <br /> Halpern: Has he gone and done any vegetation.? <br /> Simmons; Everything is at a standstill . <br /> Behrman: He,avant s to keep his lawn. He's not going to do any revegetati on , ars <br /> change of what he's got, unless he's forced to. <br /> Simmons: Town Counsel would like to continue the suit under the torn bylaw because <br /> he feels that DEP has practically made his case by issuing this Rice of Non-comp- <br /> Hance. <br /> Halpern: How long does Tern Counsel think the suit will go on and how much will it <br /> cost the town? <br />