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31 October 1996 <br /> Page 1 . <br /> the explicit order that it was not felt necessary. The Agent suggested, in the <br /> future, if it is a technical violation of an Order of Conditions and hasn't mO any <br /> demonstrable way altered a resource arca maybe they should be warned first <br /> and if they do not comply, then ane them. The court is looking for middle <br /> ground. <br /> VOTE: Motion made and seconded to adopt as a policy that if there is a <br /> violation of an Order of Conditions that does not alter or result <br /> in damage to a resource area there will be a warming before a fine <br /> issued. Unanimous vote. <br /> Tolland Mills: The Agent was concerned with website for the Water <br /> District. Concerns raised by Town Planner and Mass Audubon were echoed.. <br /> The Town issued at a town meeting back in 1994 an easement over <br /> Conservation land. An article had been enacted in 1993 that they had to get a <br /> permit from us. Granting that easement may supersede the bylaw. The <br /> Agent wl check with fir. Rosenberg. <br /> Sten er : Mr. Stenberg donated land to the town. He retained a parcel and <br /> put a locked fence there. This matter is std being pursued. <br /> Triton Realty Trust: DEP did not require beach nourishment. Jim Mahala <br /> of DEQ' assured the Agent it is not a firm policy. They did give assurance that <br /> for all existing cases requiring nourishment and new ones, they would require <br /> beach nourishment. On the previous order, nourishment was not required <br /> and that was a weakness. <br /> Mr. Green asked ed if there would be a court case if the Commission require <br /> nourishment. Mr. Sherman stated it is beating a dead horse. 1r. Green was <br /> thinking about the people doing beach nourishment now. <br /> Mr. Sherman advised. CZM is on our side but was told once DEP makes up <br /> their mind they have to muzzle. <br /> Mr. Green feels the Commission has to pursue it. Mr. Desrosiers agreed and <br /> stated the Commission is not being consistant. Mr. Sherman stated he has <br /> been assured by IEP that they do not intend to extend that policy to existing <br /> Orders of Condition that have beach nourishment or new ones. He does not <br /> feel a court case is win-able. If there is a severe storm and the Commission <br /> does not act and it collpases, there is a potential liability problem. <br /> Mr. Green retracted his objections. <br />