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14 November 1996 <br /> Page 6. <br /> VOTE: Motion made and seconded to find a negative determination. <br /> Unanimous Vote. <br /> NEGATIVE DETERMINATION9 <br /> :20 STEPHEN BERIs , 37 Keel Way, continued. from 19 September <br /> 1996. Michael Grotzke presenting with Mr. & Nirs. Berish. A revised plan <br /> was reviewed. The view corridor revision was dated November 14. They are <br /> looking for approval of the vistas pruning under the bylaw as the Rivers ,Act <br /> has not been defined. <br /> Mr. Sherman advised management protocol has had some revision tonight re <br /> tightening of the language. Normally the Cornnssion would only go for one <br /> view corridor but as it is on a peninsula he would not object to two vie r' <br /> corridors. The lot is almost two acres. The fact that the permit was filed <br /> previous to the Rivers Act does not apply as it would only be for activities that <br /> come under the building permit, not vista pruning. He advised that Mr. <br /> Rosenberg was of the opiron this should not be closed tonight and if subject <br /> to the livers Act, this should be shown on the plan. Mr. Berish was willing to <br /> do this only with the added wording, under protest. <br /> Nr. Sherman slid not feel the Commission should close on a plan where the <br /> exact mature of the resource has not been defined yet. <br /> Mr. Grotzke stated they would be wing to make a notation that the work i <br /> subject to the terns of the Rivers Act. It would be totally within the later to <br /> condition vista pruning on this lot using emoting management guidelines for <br /> the buffer zone. <br /> Mr. Sherman stated they are corning out with a set of performance standards <br /> for the first 100 feet and second 100 feet. If closed tonight, the Commission <br /> has 21 days to issue under the law and the guidelines would be in hard by <br /> then. He felt it is not a hardship to wait for this as it is at least a month and a <br /> half away from occupancy. <br /> Mr. Berish asked to address the issue of hardship. He thought vista pruning <br /> was not difficult but this is the gird meeting in six weeps. It is true they will <br /> not be living in the house for six weeks but there is the problem of winter- <br /> time. They are looking for a window of opportunity to do this or they will have <br /> to wait a whole year. He thought at the last meeting he had a commitment <br /> that was given to him that was not predicated on any other issue. Labeling is <br /> dependent on whether it is a river or not, but if it is a requirement of the <br />