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December 1 ' <br /> Page 6. <br /> letter from Mr. S trohm an, legal counsel for the State, from whom the <br /> Commission sought clarification, there were some dissimilarities between <br /> what was written in the original ACE C guide booklet and the newer one that <br /> carne out. His letter states that for every resource area within the ACC, the <br /> performance standards become enhanced to the "no adverse effect <br /> performance standard" which means no short term, moderate term or long <br /> tern adverse effects, the strictest standard there is. The Commission has this <br /> as a letter. He had. told Mr. Hayes that until they countermand that, the <br /> Commission has to go by that. <br /> Mr. Mayes stated., and to that standard, any storm water run-off will go into <br /> drywel s; they have put in the Fast system for denitrification and brought the <br /> house as close to the road as possible and are seeping a variance from the old <br /> right of way. He pointed out there is 907square feet of concrete that sloes <br /> np act this lot. <br /> i <br /> Mr. Rosenberg asked if that was taken by eminent domain? Mr. Mayes stated <br /> it was in 1995. Nir. Rosenberg stated it is then no longer part of the lot. <br /> Mr. Hayes stated they can meet just about all of the performance standards. <br /> The mitigation for encroachment into the ACC can be done with haybales <br /> and with additional plantings to be worked out with the Commission. <br /> Mr. Fitzsimmons stated the wort limit also has to be considered which i <br /> going to effect the next lot. He suggested reducing the size of the house. <br /> Mr. Rosenberg stated they will Have to pull further back; they cannot use the <br /> fact that it was a land court lot. If the Town took it by eminent domain, that <br /> leaves what is left and the owner was compensated for the damages clone to <br /> the property. <br /> Jason Stone advised the owner was given $1. Mr. Rosenberg stated that i <br /> not the Commission's issue. If he tools it he is entitled, as a matter of law, to <br /> adequate compensation. if not satisfied with this he can go to court. Mr. <br /> Stone stated by the taking, it looks like it makes it an unbuildable lot. <br /> Mr. Sherman stated "it has to be made clear that all of this that has been <br /> explained by Mr. Hayes, which shows what a difficult lot it i , has nothing to <br /> do with the ung. <br /> Mr. Hayes stated from ghat he is hearing from the Commission, they meed to <br /> get an interpretation on the ACC line. Mrs. Terrio stated also the Board of <br /> Appeals issue. <br />