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19 February 1998 <br /> Page 4. <br /> Mr. Sherman stated the Commission will take this under advisement only. <br /> Mr. Grotzke stated re the Rivers Act, he is c ng the 2' contour, which i <br /> NGVD, the Mean High seasonal grater. Actually, the high tidal range i <br /> about 1.8 to 1.9 so 2.0 is conservative and from here he shows a Zoo foot <br /> setback. It impacts only the rear half of the lot which is within the wetlands <br /> buffern wa . Ir. Sherman asked if all the work i outside the Rivers Act? <br /> y � <br /> 1r. Grotzke stated yes, all of the work, but part of the let cones within it. <br /> Mr. Sherman stated this is one of the,lots referred to when Mr. Grotzke wrote <br /> to DEP. He had a discussion with Lenore white today and she did agree that <br /> a legitimate way to handle it is to go to the Commission with assertions about <br /> the Rivers Act applying or not, let the Commission Hawke a determination and <br /> then, if Mr. Grotzke sloes not agree, he can appeal. They are wining, and the <br /> Commission would be Wiling, if there was concurrence with some of his <br /> points or questions, to met with him but have Insisted with then that no <br /> negotiations or discussions take place without the Commission's presence. <br /> Mr. Grotzke agreed. fir. Sherman stated it sloes not look like it is going to <br /> impact this one anyway. He suggested he could go over some of the points in <br /> Mr. Grotzkes letter with him next week. <br /> The Chairman asked if the issue of the Ri er aront Act is moot on this lot? Mr. <br /> Sherman stated it appears to be. <br /> Public comment: none. <br /> Mr. Grotzke stated at the Board of Appeals, they would not act because <br /> Conservation had not acted. Mr. Sherman stated the Commission. cannot <br /> issue until they issue and they have not come to a decision yet. If they cane <br /> to a decision and all. the Commission's other ,issues were resolved, it could he <br /> closed pending receipt of them actual decision. Also, Town Counsel's opinion is <br /> awaited. Mr. Grotzke stated he left that meeting being informed that he had <br /> to come here and then they would make a decision. <br /> Mr. Sherman ached his recommendation to the Commission is not etched in <br /> stone but one of the things under consideration as a matter of precedent i <br /> saying that a true 35 foot setback to the work limit is necessary; that is still <br /> on the table. Mr. Grotzke stated they show a 35' limit to be restored to its <br /> pre-existing condition once work is completed. Mr. Sherman stated that was <br /> clone before when it was 50, but have never clone this when it went to 35' so it <br /> is still a natter to be thought about. He recommended waiting for Town <br /> Counsel's opi n; Board of Appeals may supersede the Commission. Mr. <br /> Sherman stated Board of Appeals is taking it under advisement only. <br /> J <br />