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25 May 2000 <br /> Page 7. <br /> Mr. Sherman suggested all comments made tonight should be addressed with <br /> Chapter 91. Mr. Green advised Chapter 91 will not have a public hearing. <br /> IVH Carter asked the Board not to close until they get a new plan. <br /> The Chair stated there is no alternative but to close and mirror the <br /> superseding order from DEP. He asked Ms Wilson to obtain a letter from the <br /> adjacent landowner. <br /> Question was raised concerning the letter from the adjacent land owner. <br /> VOTE: Motion made and seconded to close the hearing and issue pending <br /> the conditions stated. Unanimous Vote. <br /> CLOSED PENDING, <br /> 7:55 RITA CROWELL for a Determination of Applicability on the <br /> replacement of 1 0"of existing fence at 25 Jeep Place. <br /> Ms Boretos stated this is a proposal to replace a split rail fence in a right of <br /> ay with a picket fence. <br /> Mr. Sherman stated, before comments are requested, it should be pointed out <br /> that the Commission's jurisdiction only deals with the interests of the Act, <br /> not private property rights. <br /> Public comment: Atty. Dan Creeden was present to represent Mr. and Mrs. <br /> olins, abutters. He advised this is a 10' road dating back to 1946. The <br /> owner is unknown. <br /> Mr. Rosenberg stated if the Commission finds positive, they will have to file <br /> Notice of Intent at which time Atty. Creeden's clients will have all those <br /> rights permitted by law. <br /> Atty. Creeden stated he has other issues, not ownership issues. He is also <br /> representing Mr. Bates, another abutter. <br /> F Mr. Sherman stated another reason to issue positive, the resource areas are <br /> not identified. • <br /> i <br />