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bF <br /> 4 one om <br /> July 1 , 1989 <br /> 'age 11 <br /> Mrs* Simmons stated the Board is in a very ditticuit <br /> position. Running this very briefly by 'down Counsel this <br /> afternoon, he advised the Commission to take no intonation* <br /> Mr. Kolbe stated he would like to state for the record that <br /> he did submit a -written letter detailing problems with the <br /> Notice of intent and the plans, as well as a written <br /> envi.ronmentai report by ter. Lelito detailing a number of <br /> environmental issues including impact on shellfish and salt <br /> marsh, This intormation was presented to fir. Sherman prior <br /> to 3:00 this afternoon and prior to receipt ot plans from Mr, <br /> Sanicki. <br /> Mrs. Simmons stated that in or ation will be in the record. <br /> Mr. Kolbe added, and also the information that we were here <br /> tonight prepared to speak and were not permitted to speak. <br /> Mrs, Simmons thanked them for their patience in waiting so <br /> long. <br /> Mr. Kolbe stated he is still up in the air as to the <br /> Commission's feeling as to when the hearing was closed. <br /> Mrs. Simmons stated as far as the Commission is concerned, -. <br /> the hearing was closed upon receipt of Mr. anis i's plans. <br /> Mir. Rosenberg stated that was right, both his client and Mr, <br /> Sanicki requested permission to submit material; his client <br /> submitted his material and Mr. Sanicki submitted his. The <br /> Commission did not propose and cannot, under any <br /> circumstances,, under the law, have any turther public hearing <br /> or take any turther evidence except what was proposed at the <br /> prior hearing and the law does not permit us to do it unclear <br /> the public hearing law, <br /> Mr. Kolbe stated he would be satisfied as long as the record <br /> retlects they both submitted additional information today. <br /> Mr. Rosenberg started no, his client submitted additional <br /> information two weeks ago. Mr. Kolbe started he understood <br /> that and additional information today also. <br /> Mr. Le1ito stated one point he would like to make is that if <br /> by vote of the Commission, it can be voted to reopen any <br /> hearing at any time (Mr. Rosenberg stated absolutely not. ) <br /> it the board chooses to vote to. ( . Rosenberg stated again, <br /> absolutely not, the law says no, not without a public <br /> advertising and public notitication. ) The hearing can be <br /> voted to be reopened by vote and then the hearing can be <br />