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nourishment in the event an agreement has not been reached <br /> and access is required. Mr. Hayes responded in that event the <br /> Tide Watch access would be used. <br /> Mr. Sherman asked Mr. Hayes to confirm that he had rechanged <br /> and readvertised the description page to include all properties; <br /> to which Mr. Hayes responded "yes" all three properties, <br /> including the New Seabury property. He stated a bond has been <br /> posted and there will be indemnification. <br /> There being no public comment or further Commission <br /> discussion, the Chairman entertained a motion. <br /> MOTION: George Green made a Motion to Close and Issue <br /> pending submission of the following: Restoration details of the <br /> area next to the house where the equipment will come in; Details <br /> of the mix of the plantings along the slope above the revetment <br /> to reflect a diverse plant community; Details (materials and <br /> methodology) with reference to construction of the retaining wall <br /> above the revetment; which Motion was seconded by Ralph Shaw and <br /> so voted unanimously. <br /> 8 : 00 PAL Trust-For construction of a single family dwelling, <br /> associated driveway, site grading, appurtenances and landscaping <br /> at 157 Monomoscoy Road, Assessor' s Map 114, Block 23A. <br /> Mr. Sherman clarified this matter to be a refiling as there <br /> were some problems associated with the initial application <br /> regarding identification of Applicant and Land Owner. This <br /> matter has been referred to Town Counsel, who has asked for <br /> the white/green cards from the alleged owner of the property. <br /> Mr. Lolito responded that the person alleging to be the <br /> owner of the property is not an abutter, and therefor had not <br /> been notified. However, his two uncles are abutters and were <br /> duly notified in the previous filing, claiming the alleged owner <br /> had been notified through them. <br /> Mr. Lolito stated the same protocol has been followed, with <br /> the alleged owner being notified through the two uncles who are <br /> abutters and who have been duly notified. He asked that the <br /> Commission concur that notification of the uncles be deemed <br /> proper notification to the alleged property owner and that this <br /> matter proceed to a Hearing. <br /> The Chairman questioned whether the procedure followed is to <br /> be considered lawful notification. <br /> Carol Moore inquired as to the status of ownership. Mr. <br /> Lolito explained this individual has purported to own the <br /> property, had made an agreement years ago, which has been <br /> unfavorably contested in court. <br /> -16- <br />