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i <br /> r <br /> January 2001 <br /> Page 14. <br /> Mr. Berk6witz asked what would happen with a storm event and if an <br /> emergency came up, this one time would not prohibit it being done <br /> again? He was told it possibly would not. <br /> Mr. Sherman stated two of the dredgings that occurred in this area <br /> followed emergency regulations and followed storm events. If ars <br /> emergency regulation 1s promulgated to allow such a thing, this one time <br /> prohibition would not stop it. These issues of water duality are <br /> important, but it is not the first time there have been competing <br /> interests. we take an oath of office to follow the lay. We do not have the <br /> latitude to not follow the laws. There is a procedure for redress. For <br /> valid issues, -there is a pry to go about that, there is a variance <br /> procedure and appeal. He recommended to -the Board, with the <br /> exception of llo ri g'the ', making ing it a one-time operation and if they <br /> wish to appeal that is their right. <br /> Mr. Talbot stated the cape has a very fragile and unique ecosystem and <br /> when these decisions are made, they are made for not only short-term <br /> but also long-term. He hopes that it is appreciated that from the <br /> Commission's prospective from looking long-term, these are forces that <br /> are at play that are inevitable and unstoppable and, in time, you can't <br /> fool Mother Nature. In fact, there are entire areas ofthe Cape that are <br /> reversing 'the process and are beginning to disappear and this is a <br /> natural process. That issue will have to be faced in some way. <br /> The Chair stated he is not entitled to vote but wished to comment. <br /> opponet Creek has been an important navigable waterway for over <br /> forty years. 'Where has been some movement on the spit but not much <br /> adjacent to the end of Popponesset Island, it is mostly towards Thatchers <br /> Island. He feels there is an implied recognition in that we allow people to <br /> build doers; we should allow thein to use these docks. �Ie recommended <br /> the Commission approve the application as submitted without the one- <br /> time only stipulation and say we would life to have a review within it <br /> without the binding requirement .and with review in one year to see <br /> there we are going with the spit. <br /> The Chair called for a motion, <br /> A notion was made by Ms Moore to approve the application based on <br /> the Assistant Agent's recommendations with the exception of the 35' <br /> channel. <br /> FIs Boretoswas asked to recite the conditions: <br />