8/25/1988 CONSERVATION COMMISSION Minutes

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Conservation Commission PUps1. 259 , 1988 Page 9. _ # Kirrane stated , while his client is willing to contribute to the cost of that, they do n-ot feel they are solely r spons.ib I e four all the. siltation that exists in the Mshpee Kiger` and. are 'certainly not ,pre- pared for the entire expense to do that, particularly in light it would be a significant expense in performing this engineering. Ms Behrman suggested he discuss this further with Mir. Virgilio and get back to the Commission. Lisa suggested the work be included in th-e Not i e ' f Intent, with' the money. -Mr. I irrane stated he would be happy to include what money they would be contributing. There would have to be some understanding between the parties concerned that if the funds were being contributed and the work is being performed, that the completion of the construction of that diel ro: I �_ :, or 'd�-�f�-- �-U.1.than_house.-, had,. to�s tt .ther,e,;= he. does not .f a y--his ..c -i n :' o l.d--be- =int _r.e-sted --in.--performing 'al-L,_this - engineering-,.. ork --.and- doing- . l 1,-he,- has ' gred_- o.-- do.-.in - _earl ie =,-_,commun- i cat i ons, not wi thstand l nig they di have to, address the zoning issue.- If ssue.- If the To n and the Board determine that one cannot build in that particular location, then this issue would have to be addressed such. as an eminent domain taking issue. ' hie suggests there would be no int- erest in performing any engineering work here .-or contributing to any- thing at that juncture. Ms Behrman suggested statements be avoided as to who is responsible for the creation of what, that he contact Mr , Virgilio and get back to the Commission. Li sa o f fered to attend any meeting with Mr. Vi rgi I i o, i f not f ed. Ms Behrman stated a properly en ineered plan *with exactly 'hat they are doing with the pipe and- any potential rebuilding of the bank -area will be needed. The topo should dontinue over both lots.- Fir, Cauley stated- he will provide--a plane. showing :-that- portion, of.. -he. layout.. M!r=:=.i osen berg stated .n f ormation --s pp.�.ie d- .t.o. -Ch art e s- Row 1 e-:-,shouId be part o - the Bi I 1 urr - ..ot . e ; od ire e,.-,asked what ffeet thi was going to have on his property, directly across the - streete The association owns nothing, slack Sullivan has given nothing to the association. Their lawyer is talking to his lawyer; forget about the association taking care of anything. What effect will this have on the transformer and his property? Mr. Cauley stated there is approximately 10-11 feet each side of the paved surface that is within the layout, ; it is thein intent that they work in that area. There... is 10 feet of grassed area on the uphill side of the road, on the transformer side, they do not intend to work directly around the electric transformer. He feels theresponsible person would call Dig Safe and have the appropriate locations marked . Mir. Ki crane stated if Mr. Sullivan has filed a Notice of Intent it is up to him to comply- with any Order of Conditions and he would imagine Mr. Sullivan OUld be the party- to engage . the contractor.