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r , <br /> beach. vinyl 111 screening at $127.00 a roll is missing, or at least'a large <br /> section of it. This is where he kept most of the material -- this is one of <br /> the many reasons it was installed. <br /> Mr. Buckingham said that under the Wetlands, the Commission has to re- � <br /> quite Notice Intent - it is within our urisdi tion and on therater- <br /> front area. It doesn't seem to hire there is anything different from the- other <br /> hearing we gust had - it should be filed. It was mentioned that there are <br /> quite a,few fences, mostly split-rail, and r. LeClair said that the om s s 0 <br /> will have to go after everybody that has put in fences. <br /> Mr. Buckingham said that fir. Courtemanche could appeal to EQE to see i-f � <br /> the Commission is right or wrong, but he thinks it re' ui es a. Notice of Intent <br /> and doesn't feel that the Comml.sion has any other option. Mrs. Studley will <br /> see to it that Mr. Courternanche gots a. <br /> form.- <br /> R _ _ ... <br /> h , next hearing was f or Mr'. Andrew Boch, who appeared. Frith' his attorney, <br /> Peter W. Hutton. Mrs. Studley said that there had been a report that his fence <br /> goes ':into the water at John's Pond. Mr. Boch said•it wa8 put in to the edge of <br /> the water - that when they put the fence in, it was above the water = at that <br /> time the water table was high - the water did rise, <br /> Nor. Hutton showed Pictures of the fence, which border either side of IIr. <br /> Boch's property at John's Pond, pointing out that he had-planted trees and At <br /> flowers and so forth near the fence. Mrs 4 Studley said that the problem is <br /> not whether it is Mr. Boch's right to have a fence to protect his property: <br /> but that no Notice of Intent was. filed before construction, panting out that <br /> the statute says whenever a. piece -of land, is disturbed along any water body, <br /> the owner must file a Notice of Intent. <br /> Nor. Hutton said that Air. Boch consulted his firm as his legal counsel about <br /> it and thigy didn't advise him to file a Notice of Intent for the fence, pointing <br /> out that the' word on the- statute- that I s p s sibly applicable here i s to 11alte ", <br /> He continued- by saying that installation and maintenance could possibly follow <br /> withm' the definition of the word "alteril, so he went ahead and did it under the <br /> Mashpee bylaws. Mrs. Sloane asked when the fence was put in and was told it was <br /> erected this past July. It was further mentioned that there was an old fence <br /> there before, but the "kids" knocked it over. <br /> r.`Boch said that kids were coming on the beach and littering it and he <br /> g g <br /> and his wife take price in their beach. The kids would come- through and leave <br /> dead fish and cans. and mess it up. The grater has never been-as clean as it is <br /> now. It Is an impro erment in a way. Mr. LeClair said that the Cormnission i <br /> not saying that the fence didn't improve his *property, but he is altering the <br /> structure of the land Just by putting in posts and under the definition of the <br /> law, it's still- "altering". Mr. Boch thought it:-meant that the grade is changed, <br /> whereas the fence just goes into a hole.. Mrs. Studley said that the definition <br /> of "alter" reads, "The driving of pilings or the erection of buildings or struc- <br /> turestrue- <br /> tures of anY kind.11 <br /> 14r. Pocknett said that Mr. Bach said that when hep ut the fence in he didn t <br /> put it into the water and M . Boch said that the pond rose up after that. It was <br /> pointed out that the statute says "within 100 horizontal feet of any water body." <br /> Mr. Dutton said that ghat the Commission is swing is- that I r. Boch should <br /> have filea a Notice of Intent and wanted to knew if they can do that gnaw and Mrs. <br /> Studley strongly suggested I*t,, I#pointing out that r. r m nch Inas agreed t <br /> #art 1L_-2 w r.�ra sr a 1�..�� r. A TT_--I 1 <br />