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5 . Problems at 25 Nobsl a-Mr. Sherman reported he has ret <br /> with the Applicant at the site. The Contractor had mistakenly <br /> used off-set stakes for the house, resulting in a situation where <br /> the project encroached onto Town-owned conservation land. <br /> Mr. Sherman stated Applicant has agreed to abide by any <br /> decision 'imposed- by the commission. He then requested a Vote <br /> of the Conmission requiring construction of a properly engineered <br /> retaining wall,, which would enable the removal of any/all fill <br /> currently on said Town-owned conservation land. <br /> Mr. Sherman further stated such action would require <br /> Applicant to mend the order. Applicant has agreed to provide <br /> l a - p and replanting offorts. <br /> MToT: Ralph Shaw made a Motion to require Applicant in <br /> this natter~ to construct a properly engineered retaining wall, <br /> and to amend the order; which Motion was seconded by Elliot Rosen <br /> and so voted unanimously. <br /> 25 Colonial Gas Company-Determination of Applicability on <br /> the installation of a natural gas service to 41 waterline Drive , <br /> South, Assessors Map 120, Block 149 . <br /> The Chairman recognized Bill Bento, Construction Supervisor, <br /> for Applicant, who requested permission for the installation of <br /> sTenty-five ft. ) foot half-inch plastic service line to <br /> supply domestic hot water and heat to the residents at 41 <br /> waterline Drive South. <br /> Mr. Bento stated the -service will be two ft. ) feet deep, <br /> and there will be no backhoe used in the existing road layout. <br /> The Commission determined a plan has been submitted. <br /> Diane Boretos recommended a Negative-3 Determination. <br /> There being no public comment or further Commission <br /> discussion, the Chairman entertained a motion. <br /> MOTION: Elliot Rosen made a Motion for a Negative <br /> Determination; which Motion was seconded by Ralph Shaw" and s <br /> Voted unanimously. <br /> Ikon-Hearing Agenda-old Business-continued <br /> . Request for partial o -cotuit Bay Condos-Mr. Sherman <br /> requested a vote prior to issuance clarifying maintenance in <br /> perpetuity is allowed on wails, stairs, and path; but not to <br /> include vista pruning. <br /> MOTION: Elliot Rosen made a Motion to approve maintenance <br /> in perpetuity as it relates to walls, stairs, and paths, said <br /> approval does not include vista pruning; which Motion was <br /> -13- <br />