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17 June 1999 <br /> Page 9. <br /> Mr.. Rosenberg asked if the deed to the right of way was to the association or <br /> the owners? Atty. sundelin advised a letter was seat to the Association for <br /> those listed as owners. The deed was granted to the developer. References in <br /> that deed are to a right of way. <br /> Ms Wilson stated there is no requirement that notice be sent to easement <br /> owners, only to property owners. <br /> Mr. Rosenberg stated the association, except as a lot owner, has no right to <br /> this easement. <br /> Anne Marie Finn asked if they have rights, having an easement and having <br /> use of the pond at this beach? Mr. Sherman stated that is not within the <br /> Commission's jurisdiction. Jurisdictional domain is only to the resource <br /> area affected. <br /> Mr. Fitzsimmons asked if this easement is to allow people to walk to the <br /> beach. Ms Wilson stated it appears to be. <br /> Mr. Sherman asked, if 18" above contours, how will that affect the wetland? <br /> FIs Wilson stated that was approved in the upland section. <br /> Mr. Ellis suggested when turn is to go into the pond, they could put a nope <br /> fence and sign stating it is private property. <br /> Mr. Brooks stated he has no reason to expect that the rope would be <br /> deterrent. He has consistent and relentless trespassing. There are 40 small <br /> children. <br /> VOTE: Motion made and seconded to continue the hearing to I July 1999 at <br /> the request of the applicant. Unanimous Vote. <br /> HEARING CONTINUED. <br /> 5:05 RICHARD STURM for a Determination of Applicability on a proposed <br /> 12' x 2 ' addition to an existing dwelling, not to encroach any further to the <br /> wetland than existing now, to be supported' on sono tubes at 53 Godfrey <br /> Road. Mr. Sturm was present. The extension of the house is away from the <br /> water. <br /> Diane Boretos. had no problem with the project. <br /> 5 <br /> 1 <br />