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G August 1998 <br /> Page 3. <br /> Mr. Schell stated it has been diminished. <br /> Mr. Sherman felt it was the Commission's job to get wildlife habitat back as <br /> span as possible. Many times people have come in and delayed enforcement <br /> matters, replanting, and then came back in six months and told the <br /> Commission everything is wonderful now because it is coming back. In the <br /> meantime, a whole season has been lost of an assemblage of plants, inclucling <br /> oaks that are a foot in diameter. The aim of the Commission is to replicate as <br /> quickly as possible without the invasives taking over the wildlife habitat <br /> situa#,ion'that previously existed. He feels Diane's recommendations are <br /> sound and make sense in terms of getting it back a little sooner. If it is � <br /> costly, he regrets that, but there was an order of Conditions that specifically <br /> said that area was to be left alone and the plan specifically showed that area <br /> to be left alone. He asked Mr. Warrick if he was aware of those <br /> requirements? Mr. Werxick stated no. Mr. Sherman stated then his lawyer <br /> did him a disservice because when papers were passed and he purchased the <br /> house, someone did not inform him of an impending Order of Conditions <br /> which goes with the property. Legally, at does not matter if he is aware or <br /> not, he should have been and his lawyer was remiss. <br /> Mr. Sherman recommended that the Commission stick with the plan with the <br /> enforcement order and the mitigation as moderated a bit by Diane and <br /> himself and require it. It is a most egregious situation and a whale season of <br /> wildlife habitat has been dost. There is a problem with invasiwes if not <br /> controlled. He felt the Commission has already shown moderation. Some <br /> people encouraged the Commission to require the replacement of 12 inch <br /> oaks. Several of the wildlife habitat people feel that does not make sense <br /> because it would be necessary to dig up the ground and excavate to put a root <br /> bail. in that big. He recommended that the Commission sick with w$at is <br /> required and if Mr. Warrick is still unwilling to do it, go to Town Counsel, file <br /> an injunction and he believes the Commission will prevail in court and Mr. <br /> Werrick would not only end up paying court costs but the cost of replication <br /> too. _ <br /> Mr. Schall stated, speaking for his client, it is not that he is unwilling to da <br /> it, but he was approaching the Commission to see if there could be some <br /> flexibility in the phasing of it. <br /> Mr. Wirsen asked, in the proposed plea and what Diane saw, what is the <br /> difference in the planting schedule? Mr. Sherman stated the difference is the <br /> substitution of a few pants that she thought had more wildlife habitat value <br /> than others. The requirement of an additional row of Juniper between right <br />