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23 September 1999 <br /> Page 5. <br /> IIs Roretos stated that would be a valid question if it was proposed to open <br /> footpath, not to close one. <br /> Mr. Foley requested the-Commission, as a part of the Order of Conditions <br /> stipulate where the displaced foot traffic is to go. <br /> Mr. Sherman stated it can be conditioned it shall not go on that parcel <br /> through the dune. signs can be posted. <br /> Mr. Green asked if it is the obligation of the applicant to provide another <br /> access? Mr. Foley stated it is his obligation to demonstrate there will be no <br /> cumulative damage to the dune. Mr. Sherman dict not feel the Commission <br /> could tell the applicant the access should be at point A. or point B. Mr. Foley <br /> stated under DEQE filo number SE 43-316 it was established that they can. <br /> The Chair and the Agent did not agree with this. 1r. Sherman stated it is <br /> Mr. ole 's right to appeal. <br /> A letter of opposition was submitted by an abutter. He opposes the <br /> lengthening of an access path as with young children when they cross the <br /> bridge at Deans Pond, instead of going diagonally across shore ]give to get to <br /> this path they have to go lengthwise down shore Drive and deal with cars. <br /> The Chair stated that is not within the Commission's jurisdiction. <br /> John Himmel submitted a letter stating he applauds the Commission's desire <br /> to maintain the coastal area but they feel that additional foot traffic further <br /> down will cause damage, if not here, further down the parking lot area. <br /> Ms Boretos asked if the Association has legal access northeast of this area? <br /> It was stated not at this time. The Chair suggested they could walk down <br /> Deans Hollow load. <br /> i <br /> Dermot O'Donnell stated New seabur r has dumped huge amounts of dirt at <br /> the entrance to the path with no permit and repeatedly clone so over the <br /> years. This organization has just dumped dirt on a dune and were made to <br /> remove it. Mr. Sherman asked from here` At the beginning of the path <br /> they are proposing to close. It was done repeatedly over a several year <br /> period. Mr. Sherman asked to be made aware of violations promptly and <br /> something will be dome. <br /> Mr. Himmel submitted Civil Action 44404, superior Court, Barnstable, that <br /> was settled on June 9, 1996 which is relative to this and the Commission's <br />