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22 January 1998 <br /> Page 15. <br /> Mr. Sherman stated it meets all state and local standards. <br /> Mr. Fohlin asked if there was a concern with the flood plain: Mr. Sherman <br /> stated there are no standards for flood plain under the wetlands Act. It i <br /> mentioned, but there are no standards. <br /> Mr. Fohlin. advised someone else was previously interested M' this property <br /> and at that point, because of vegetation and wetland conditions, they wanted <br /> to bring back from this cul-de-sac, and a road, a green area and reserved area, <br /> and a right of way from here to Jehu Pond, they wanted to push everything <br /> back 30 feet because of wetland vegetation. fir. Grotzke stated that was a <br /> Board of Appeals hearing. Mr. Fohlin stated it was also Conservation because <br /> he was at both. <br /> Mr. Sherman did not remember the first time but has looked at the lot on <br /> three or four occasions and at one point he had suspicions that it may be <br /> wetland under the Bylaw, but not under State law, because of wetland species <br /> there. When he did.a careful analysis, the wetland plants did not cone up to <br /> the 50% threshold to male it a wetland. He did soil probes and they did not <br /> indicate wetland soils either. <br /> Mr. Foh n stated he was made to push back before, 30 feet, and made to <br /> mark off with orange m ers that is now goneby the board. Mr. Sherman <br /> stated.it meets all of the Commission's standards. <br /> Mr. Foblin stated if you dig a hole in the ground three feet you will get into <br /> salt water. Mr. Sherman advised if the Board of Health approved this on the <br /> perc test... ...N r. Fohlin stated not the pere test, he is asking does it really <br /> make sense to try to put a swimming pool into Five feet of rater if the <br /> swimrr ng pool is seven feet at the deep end where you dive in, that pool is <br /> going to be in five feet of water. <br /> Mr. Sherman stated it is all on the part of the Building Inspector, it doesn't <br /> abrogate any standard. if he wants to Lill the pool there and it in with <br /> salt water, he wiU have a salt water pool. <br /> Mr. Fohlin stated from the standpoint of Conservation, this is dumb. Mr. <br /> Sherman stated it is not a wetland and the Commission has no grounds for <br /> stopping this. Mr. Fohlin stated they axe going to encroach ' onto his land. <br /> The Chair stated that will have to be adjudicated in the courts. <br /> 111x. Folin asked, please, in a conservation way, deny this because it is dumb. <br />