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February 1996 <br /> Page 2. <br /> �&. Sherman advised that 1&. uc ra 's lawyer contacted him because the supmeding <br /> order stated `ono changes". He contact Jeff Leonard at DEP who agreed it should not <br /> make any difference to the license but would have to confer with the attorney. He <br /> suggested the Commission can go ahead with the negative det tion, with the proviso <br /> that it will not jeopardize his license. It is the sane see as permitted but god up a litde <br /> higher. <br /> Public comments: none. <br /> VOTE: Motion made and seconded to find a negative detmnination subject to <br /> agreement by Chapter 91 that they will approve the plan with no negative <br /> effect to the license holder. Unanimous vote. <br /> NEGATIVE PENDING. <br /> 7:30 vILL OW END DEVELOPMENT C RP., continued fronn 28 December 1995. <br /> Peggy Fantozzi presenting. She advised two issues were outstanding, a letter from L eldon <br /> Dangler stag no jurisdictional overlapping and water withdrawals are properly permitted. <br /> The file number was received and a revised plan provided that more clearly shows that they <br /> are not doubling and counting the pond that is already there. <br /> fir. Sherman stated fir. L,angley's viewpoint is that it was all allowable and the <br /> Commission sloes not have Jun'sdiction under the wetlands Protection Act, so the <br /> Commission's hands are tied. There are no more issues. <br /> Public comments: <br /> Nr. Alibi asked, as an abutter, will he receive notification certified when the Order is <br /> issued. a was told no, that is the p1 board process. <br /> VOTE: Motion made and seconded to close the hearing. Unanimous Vote. <br /> BEARING CLOSED. <br /> 7:35 ROBERT KEARNS for a I ewnnination of Applicabilityn a proposed paved <br /> driveway, house/garage, subsurface sewage disposal system and utility services within the <br /> flood hated zone at 68 whippoorwill Circle. Dave Sandi presenting. He sued they are <br /> only here because It is in the flood zone; there are no other resources and it is 400 feet <br /> from any wetland. They are proposing ari Ecofin Bioclere septic system. <br /> i <br /> Mr. Shan asked if they are Tearing vegetation on the lot's <br />