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i <br /> 25 May 2000 <br /> Page 6. <br /> Public comment: Jeremy Carter, of the Pickerel Cove Association, stated <br /> Chapter 91, section 1 , requires authorization from the court on any great <br /> pond. He asked if there is anything different tonight from what the Board <br /> denied? If there is an agreement with an abutting property owner, this <br /> should have been part of the Notice of Intent and the plan is defective. <br /> Chapter 131, section 45 calls for public right of access, The fence is going lo' <br /> beyond. <br /> Mr. Sherman stated that is a Chapter 91 issue, not the Commission's. The <br /> State gave its assent under the Act. <br /> Mr. Carter stated this Board can control this. He advised plantings have <br /> been clone there without authorization. <br /> Mr. Rosenberg read from motes on the plan. <br /> Ms Wilson stated the plantings were clone under another permit. The <br /> plantings are a different issue. <br /> Mr. Sherman advised the previous owner, Mr. Bornstein, has been informed <br /> the plantings are not complete and must be attended to. <br /> Mr. Carter stated the easement is s' going to 1 la hpee fond right up to the <br /> Mean Low water mark. <br /> Mr. Sherman stated these are all Land Court issues. <br /> Peter Thomas stated this is a spite fence. <br /> The Chair declared Mr. 'Thomas's comments out of order. <br /> Mr. Sherman read the cover letter for the superseding order into the record. <br /> Mr. Thomas stated they have no way to the water with this fence. <br /> It was again stated this is a Land Court issue. Mr. Sherman stated the <br /> lawyers should adjudicate property rights. <br /> A woman in the audience asked how far out the fence will go. Ms Wilson <br /> stated it is 28' beyond the concrete bound, 10' into the water and 1 " off <br /> grade. <br />