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6 August 1998 <br /> Page 10. <br /> Atty. Snow stated, in this particular instance, relative to these two particular <br /> items, so the record is clear, they went ahead and put them in there prior to <br /> coming to the Commission. It is clear that they did that and now they are <br /> hers seeking to amend this Order and have the Commission's stamp of <br /> approval on it. This particular unit is 10 feet long, almost 3-112 - 4' wide and <br /> is placed right under someone's bedroom. Had they come and allowed us to <br /> have this opportunity to speak, prior to installing them, then we would not <br /> have this problem. We would not be hers wasting your time tonight had they <br /> followed the rules laid out. His clients want the things moved; that is their <br /> position. <br /> Mar. Sherman stated, once again, even though some of us may disagree an <br /> how obnoxious it is, in terns of noise, it does not violate the performance � <br /> standard of the act or the bylaw and therefore, he did not feel the <br /> C 'Ssion has any choice, acting in a judicious manner; to approve it. If <br /> they feel it is a violation of wetlands law they can appeal. <br /> Atty. Snow stated when he left last time, there was talk about having a test. <br /> Mr. Sherman stated if he wishes to have that test and the Commission <br /> concurs, he would go out there with the decibel meter. He does feel it is <br /> overkill. Mr. Lynch was to provide the meter but did not have it with him. <br /> Mr. Sherman stated the Commission's connection to the noise of the <br /> generator would be to what disturbance it would cause to wildlife. Thee is <br /> research that human generated noises cause problems for wildife. A noisy <br /> desk party would be much worse. <br /> The Chair stated Atty. Snow has a legitimate point, if this had been brought <br /> before the Commission and abutter was notified and represented, the <br /> generator might have been put some place else. Now, the thing is in and <br /> meets the performance standards, there is no recourse to tell them to move it. <br /> Dr. Jacob Shammash, an abutter, stated the playhouse is 10' high and is <br /> supposed to be 50' away? Mr. Sherman stated no, the Commission has a 50' <br /> setback regulation for a piece of property that was unadulterated. This had <br /> been previously developed. It is no further forward then the original house. <br /> Moving it that far back with the additional screening plants is a reasonable <br /> measure an their part. <br /> Mrs. Shammash asked when it will be moved back? Mr. Lynch took the <br /> liberty of coming here and just doing what he pleased and then comes in here <br />