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Conservation Commission <br /> April. 7. 1994 1 n � <br /> F F <br /> Page 3. <br /> It <br /> occasions when there was supposed to be a meeting that were delayed and put off <br /> because of snow, illness and so forth. They have acted in good faith. They need <br /> to get this road work started a week from Friday. <br /> Mr, Fitzsimmons asked what the penalty would be for an after-the-fact filing? <br /> Mr. Sherman stated a fine. Mr. Fitzsimmons asked the amount? Mr. Sherman stated <br /> he was not going to get into counseling purposeful avoidance of the law. <br /> Mr. Fitzsimmons stated he was trying to explore some way in which to accomodate <br /> everybody. <br /> Mr. Sherman stated blame could be shared by all; he was approached in February, <br /> there was a snowstorm, one day, he was out sick, Mr. Dermas had to go away, he <br /> met with Michael three weeks ago to discuss it and told him at that time some <br /> filings would be necessary. All he is saying is that he' would like to satisfy <br /> Ben but he thinks it would be breaking the law and the Commission does not have <br /> the license to make these discretionary type decisions to disregard the law. <br /> They could have a -permit on the 22nd of April. <br /> Mr. Grotzke stated the regulations state construction or improvement, this could <br /> be judged to fall under maintenance rather than either of those categories, <br /> F <br /> Mr. Sherman stated this cones as a shock to hirci because he talked. to Ben yesterday <br /> and he thought there was agreement there would be a quick filing to justify every- <br /> thing. <br /> Mr. Gordon stated he has the filing, but what they are asking is that theConser- <br /> vation Commission to allow them to begin this road work to meet them- commitment <br /> to Lawrence Lynch, or it will not be done until fall and if not done now, there <br /> is nxcellent chance it will not be done at all. once summer cores there will <br /> be people with other ways to do this and why it should not be done because they <br /> don't want to spend X dollars, it is imperative that they get this road work <br /> started immediately, He would personally pay the fine if that is the onlyorry, <br /> Ms Lannik stated she did not thin theision could comment on whether or not <br /> they are going to. decide to go forward with this, the only purview the Commission <br /> has is to say that the way the commission views these regulations, it requires a <br /> `fling and the Commission cannot encourage someone not to file. <br /> Mr. Gordon stated they have filed. Ms Lannik stated but not in a timely fashion. * <br /> Mr. Sherman stated the filing has to be advertised and then go on to a public <br /> hearing. Ms Lannik stated if done for thea, it would have to be done for everyone <br /> and it would be illegal. <br /> Mr. Gordon stated the practical problem is that this is not a project that is <br /> going to serge one farly, it is going to serve 2000 people. Ms Lannik stated <br /> she is sympathetic to that but does not thin that the Commission can back off <br /> on something they are legally mandated to do and she would imagine that it would <br /> take then longer to reach the commissioner than to go through the process. There <br /> are procedures for getting a waiver that would take some time as well, <br /> Mr. Desrosiers asked how many areas on the adjacent roads out of the wetland area <br /> just discussed are there that would affect the wetland? Mr. Sherman dial not feel <br /> any of them are going to affect the wetland, if done right, they are all buffer <br /> zone. Mr. Desrosiers -asked if there are enoughreas that a en't'in the buffer <br /> zone that he�co .ld 'ahead and release his contract,' get going 'sweeping which <br /> he did nod thin would hurt anything and it would,,take a couple of days to sweep <br /> the area. Sixteen days would go by pretty quick in getting the equipment in and <br /> start s the sweeping. If- he could start kin some of the ,other areas, he could have <br />