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A l icant is subject to Board of Appeals process, at which <br /> time the Harbor Master can address any concerns he might have <br /> in this regard. <br /> The Chairman recognized Janet Garr, who expressed her <br /> concern to be that of use of her facility, with respect to <br /> conservation issues . She asked for clarification on "severe" <br /> imposed limitations of use. <br /> Mr. Sherman made reference to performance standards of the <br /> Wetlands Protection Act relative to land containing shellfish ars <br /> land under a waterbody.. The exception being those properties in <br /> possession of Ch. 91 Licenses prior to the adoption of this Act. <br /> mfr . Sherman clarified the duties of the Conservation <br /> Commission are to protect those resources within jurisdiction of <br /> said performance standards, which apply to every situation. <br /> The Chairman commented upon long-range protection as well, <br /> there is always the possibility the property will be sold to an <br /> owner with completely different use intentions, <br /> Mr. Sherman informed Applicant of the right to appeal in the <br /> event any condition imposed the Commission is found to be <br /> objectionable. <br /> Michael Talbot asked for clarification regarding conditions <br /> restricting any motorized craft, at any time, from the fixed pier <br /> being reconstructed. <br /> Mr. Sherman suggested such a restriction would be in order <br /> due to the shallow water depths . <br /> There being no further Commission or public comment, the <br /> Chairman entertained a motion. <br /> MOTION: Ralph Shaw made a Motion to Close and Issue with <br /> the following Conditions: The larger boat be restricted to use <br /> of the larger outside float limited to passenger boarding and <br /> discharge; the Boston Whaler shall be docked on the inside; and <br /> that any all motorized daft be restricted from the small fixed <br /> pier to the southwest. Said motion was duly seconded. by Carole <br /> Moore and so voted unanimously. <br /> 20 Alfred Clemens for Determination of Applicability on a <br /> Title v septic system upgrade at 196 waterway, Assessors Neap 111, <br /> Block 96. <br /> Mr. Sherman reported the Assistant Conservation Agent has <br /> recommended a Negative III Determination in this matter. <br /> The Chairman recognized Dare Sanicki, Cape Islands <br /> Engineering, representing Applicant . An existing two-bedroom <br /> i -6- <br />