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f <br /> 17 June 1999 <br /> Page 8. <br /> posts 18" off the bottom. I will not be an impediment to any fisheries <br /> because it is in an area not consistently covered by water. <br /> Mr. Rosenberg asked ghat law permits them to go to the annual lowest t water <br /> level rather than the annual high water level? Ms Wilson stated there is <br /> nothing-to prohibit this as long as they get the proper permitting. About 1 ' <br /> is below annual flood. Sometimes it will be over, sometimes it will not be. It <br /> is for privacy. Mr. Rosenberg stated he would like to see a copy of the <br /> easement before voting. Mr. sundelin provided a copy. <br /> Mr. Ellis asked if there was not a colonial ordinance? IVIS Wilson stated they <br /> can own to the historic mark. Mr. Ellis asked if there was hindrance for <br /> fowling, fishing or navigating: <br /> Atty. sundelin read from the lava pertaining to this. Public right is between <br /> 1Vloan annual fl (low water out). <br /> Mr. Sherman asked if there has to be a Chapter 91 license? Ms Wilson was <br /> not sure. What she was told was that they would use normal water elevation <br /> of the pond. she was told they had not established an elevation for IVlashpe <br /> vkeby and to dray up an argument. They would make a decision. <br /> Ms Wilson stated the two interests are separate. The Commission is clear in � <br /> issuing a permit if language is added concerning Chapter 91 requiring � <br /> license. The reason they stopped the fence where they did is that low <br /> Annual water does not start until Mean Low, technically, not in the pond. <br /> Mr. Ellis asked if there is a bound at the corner of the property? Ms Wilson <br /> stated it is where the fence ends now. Mr. Ellis stated a beach can accrue and <br /> lose sand. In a flood situation, it would be in the water 30'. <br /> Mr. Sherman asked Ms Wilson to put her assertions of law in a memo and he <br /> would discuss this with Ron Potter. Ms Wilson stated they were hoping to <br /> get a permit tonight. <br /> Dick Kiernan asked where the fence line is going and is it a continuation: <br /> Ms Wilson stated along the property line on one side and s' off. It does not <br /> cut off the right of way. <br /> Ann Marie Walker .advised she dial not receive any abutter notice. The <br /> abutter list was reviewed. <br />