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Conservation Commission <br /> March D , 1989 <br /> Page 4 . <br /> 8 : 45 William T . Zammer ( Creative contractors Corp . ) for a Deter- <br /> mination of Applicability on a proposal to demolish a cottage and <br /> replace with a two story house , shell driveway and new septic s - <br /> tem at Lot 5 Beach Road . William Zammer and Stu Baker presenting . <br /> Mr . ZaMME!r stated the house is presently sitting on the sand , the <br />! <br /> deck is okay . The cellpool is straddling two lot lines . <br /> Mr . Rosenberg asked if they had the Board cf Health variance? <br /> Mr , Zammer advised Doug Boyd stated it would be no problem. <br /> 1r . Rosenberg pointed out the plan shows leaching facility 2 ' <br /> from the street line which is not in accordance with regulations . <br /> Mr . Tae r advised Board of Appeals approval was received last <br /> night . <br /> VOTE : Motion made and seconded it be found a. Positive Determination <br /> and a full Notice of Intent filed . <br /> POSITIVE DETERMINATION <br /> oo William Burke & Steven "Be l k i n ( BSC Group Abutter receipts <br /> - were presented by Norman Hayes of BSC . Phillip Boyce l l e , Andrea Low <br /> of Choate , lull & Stewart , Erban Cohen , Debbie O ' Malley and Ken <br /> Rowe were also preseat . Mr . Hayes stated the Commissiored denied <br /> a Notice of Intent under the regulations because there is no structure . <br /> DEQE issued a superceding denial which was appealed to an adjudicatory <br /> hearing and an order of Conditiors was issued which is very specific . <br /> 1 . 2 metres of coastal bank at the Belkin property is eroding yearly <br /> and there has been some structural movement of the house . <br /> It is proposed to build 107 feet of rock revetment . Prior to any <br /> construction on Lot 528 ,, the applicant must provide a study report <br /> to DEQE taking an analysis of not only the beach but also the bank <br /> so when completed and the beach nourishment program is enacted , the <br /> compatibility of the grain sizes will be enact . <br /> The revetment also rust be covered by a Beach Nourishment Program <br /> Up to Soo cubic ME!tr s of sediment must be produced on that beach <br /> annually . This must coincide with the or.going New Seabury Beach <br /> n u i shment program . <br /> The order of Conditions was tailored to follow those enacted for <br /> the Nirenber~g/Cohen properties to the southwest . <br /> A negative EIR was required . No CZM permits were required or Dept . <br /> of the Army permits . <br /> An escrow account is to b - set up by all of the owners to ensur <br /> the beach nourishment program is complied with . Analyses must be <br /> produced each year with profiles also of the amount of erosion . <br /> After 10 years , DEQE has the option of extending the program 5 <br /> years or if the applicants have not complied , can order removal <br /> of the wall . <br />