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18 March 1999 <br /> Page 8. <br /> 2-12 , Mr. Sherman requested a cross section of the retaining wall. He <br /> stated there are no performance standards for this area under the Act and it <br /> meets all standards under the bylaw. There is no reason to deny and he <br /> recommended approval. <br /> Public comment: <br /> Atty. Mark Gildea representing the Iopponesset Beach Association carne <br /> forward. Concern tonight is that the property is owned by Fish & wildlife. <br /> There is a letter in the file from a. John Shepard in which lie indicates he was <br /> giving authority to the town to enter upon and provide cleaning and/or <br /> construction services. In that letter, second paragraph, it references <br /> expanding parking at Great River but does not state they are amenable to <br /> expanding parking at this site. It is within the layout of Waling Place Road, <br /> His clients maintain the roadways in Popponesset. There is nothing in the <br /> paperwork that states the Ropponeet Beach Association assents to the work <br /> being done to their property. There was a meeting at the site today and <br /> representative of the state was there. The area may have to be changed. If <br /> so, there should be a new filing or a continuance and a revised plan. <br /> Mr. Sherman stated this was looked at before and there is some guidance in <br /> the MACC handbook and Audubon Guide. Referring to 2, that pertains <br /> more to Orders of Conditions and this is not, it would be a Negative <br /> Determination. Atty. Gildea stated he raised the issue so the Board knows <br /> there may be some confusioi as to what was the intent of'the the owner of the <br /> land when he wrote that letter. <br /> Mr. Sherman stated that is outside the purview of the Commission's <br /> jurisdiction. Anyone can propose work under an ICDA, whether or not they <br /> own the land and the people who own the land could preclude hint from <br /> doing that through another legal avenue. <br /> Mr. Alis advised the Department from the state was there today and he has <br /> also spoken with Jack Shepard about this particular site and also expanding <br /> the parking area at Great River. He and Lou Hamlyn of Fish & Wildlife and <br /> they are both in favor. Mr. Green asked for a letter to that effect. <br /> Mr. Sherman stated a revised plan is necessary if moving it 7 feet. <br /> Virginia Landry , an abutter, questioned the source of funding for this <br /> project. Mr. Ellis advised either the Town or the state will do it. It is a town <br />