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Board of Appeals can proceed as Town Counsel has not responded to <br /> a request for legal services on interpretation of the ACEC bylaw. <br /> MOTION: Carol Moore made a Motion to continue this matter <br /> to April 27th at 7: 50 p.m. at the request of the Applicant; which <br /> Motion was seconded by Ralph Shaw and so voted unanimously. <br /> 8 : 10 Stephen Patkin, 16 Cross Street-A continuance from <br /> March 30th, RDA. <br /> The Chairman recognized Bob Hoxie, Hoxie Landscaping, <br /> representing Mr. Patkin. He explained that at the last Hearing <br /> there had been discussion regarding the planting of pine and <br /> cedar trees, as suggested by Ms. Boretos, towards the bluff. <br /> Mr. Hoxie had requested approval for said trees to be moved <br /> back towards the property line. It was determined the Applicant <br /> was not the owner of the property where said plantings had been <br /> suggested. The Applicant made an attempt to contact property <br /> owners within the Association to obtain permission. He had great <br /> difficulty in this regard, the few people he had contacted <br /> responded negatively to the suggestion of planting on that <br /> property. Applicant has reservations in this regard as well, as <br /> he feels said plantings would hinder the view. <br /> Applicant has requested, through Mr. Hoxie, consideration of <br /> planting vertical trees on his property. Mr. Hoxie provided a <br /> plan, requested the number of cedar trees be reduced to two (2) <br /> rather than four (4) as there are currently two large cedar trees <br /> on the right side of the subject property. Mr. Hoxie then made <br /> references to the plan indicating the proposed planting plan. <br /> Diane Boretos recommended approval of a Negative III in this <br /> matter. <br /> The Chairman recognized Jim and Ann Collins, Rock Island <br /> Road, representing themselves as well as Rock Landing Park <br /> Associates. Mr. Collins requested an explanation from the <br /> Commission regarding their determination that the Applicant plant <br /> on property owned by Members of the Association. <br /> Mr. Sherman explained the plantings would benefit wildlife <br /> habitat. However, the Commission could not regulate said <br /> plantings be done without permission of owners of the property, <br /> which was made quite clear to the Applicant at the time. <br /> Diane Boretos interjected that there was no indication from <br /> the original plans that the Applicant was not the property owner. <br /> Therefor mitigation planting was recommended based upon the <br /> understanding Applicant was the property owner. <br /> Mr. Sherman clarified that when ownership issues were <br /> brought to the attention of the Commission, they informed the <br /> -18- <br />