1/4/2001 CONSERVATION COMMISSION Minutes

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January 2001 Page 8. dredging, to the best of their ability, based on the Performance standards they have to wort within, as long as they can conform to an area that has been previously.dredged, depths, site considerations, volumes, that is what they are most probably able to get permitted. Mr. Talbot asked if Mr. Mayes would acknowledge that, in the process of doirng that, it is clearly going to violate the Perfor mance standards that have been. created for coastal Beaches and for these types of ecological systems? Mr. Mayes stated, when it comes to the migration of the Barrier Beach, there is nothing to refute the fact that the Barrier is going to want to migrate landward and the dredging of the channel to the east restricts it's eastward movement. They tried to do the best they could when you look at all of the Interests involved. Mr. Sherman stated it also, in his opinion, does not meet the Performance standard for Coastal Beach which says any project on a Coastal Beach, etc., shall'not have adverse effect by increasing erosion or 'decreasing the volume, or changing the form of any Coastal Beach. When you dredge within feet of a Coastal Beach, it is going to slump and it will change form and volume. It cannot meet-that standard either. He agreed with Mr. Mayes that there are other factors, navigation, Public safety, etc., but he maintains there is nothing in the regulations that gives the Commission the abililty to waive those other factors and ignore the Performance standards. The Chair asked if it is Mr. Sherr an's interpretation of the Bylaw that � the Commission cant go along with the recommendation to allow thein to dredge one more tineMr. Sherman stated that allowing them to dredge one more time is being very generous. If vire were going to be very strict adhering to the regulations, 100% strict, we could deny the whole thing. That is not his recommendation, either. He would recommend to show some flexibility and allow one more dredging Axile these issues are addressed. To go beyond the one time dredging is such a stretch of � authority, he believes it is irresponsible. Is Moore asked Ms Boretos how strong is the condition that they loot into something else for the future? Ms Boretos stated it is only a recommendation for the applicant to male a good faith effort to find an alternative access. *Vere- is another waterway on the north side of Poonesset Island. Mr. Shea asked if that was not recommended in the Army .corps 1992 study? Mr. Talbot stated it may require some alterations of the bridge.