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18 November 1999 <br /> Page 4.. <br /> 1 lenenisha Road. Dave sanieki presenting. This is an existing cesspool in i <br /> failure. They have Board of Health approval. Ms Roretos recommended <br /> Ne gative 3. <br /> VOTE: Motion made and seconded to find negative. Unanimous Vote. <br /> NEGATIVE DETERMINATION. <br /> 7:25 DANIEL KINDER for the removal of a portion of an existing lawn; <br /> installation of dryvells; excavation of soil to a depth of 10" and removal to an <br /> off-site location; filling with 10" of loam and reseeding at 40 Polaris Drive. <br /> Chris Costa presenting. Mr. Kinder constructed a house under an order o <br /> Conditions but a subsequent inspection revealed he did not follow the order <br /> and installed a. lawn area. <br /> Mr. Sherman advised that although not totally completed, he agreed to issue <br /> the Certificate of Compliance contingent upon the lawn not going in. <br /> Mr. Newman, the owner of the property, was present and advised when the <br /> lawn was illegally installed, they had no idea that it was -going to be in <br /> violation of an order of Conditions. <br /> The Chair asked if the Order of Conditions was attached to the deed? Mr. <br /> Newman stated no, it i filed as the.property being in the town of Falmouth <br /> As a result, the Title Company and he were not aware of the order o <br /> Conditions. He recognizes, as the owner of the property, they are subject to <br /> the law, notwithstanding innocence. All along they were under the <br /> impression that the builder, Dan Kinder, when making application for a <br /> Notice of Intent it was to seek approval of the existing lawn. Now it is to <br /> remove and replace a portion of the lawn. He does not want a home with half <br /> a lawn. Mr. Sherman understands his position, however, the Commission <br /> can only act within the limits of jurisdiction. <br /> Mr. Newman advised he spoke with the Conservation office and it was <br /> indicated that the application is to remove all of the lam and replace with <br /> similar turf <br /> Mr. Costa stated that the grass has a very high percentage of blue grass. <br /> The Chair stated it clearly states a removal of a portion. <br /> i <br />