9/5/2002 CONSERVATION COMMISSION Minutes

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Elliot: fie revising the continuance language, the statutes are clear that nobody who has not heard all of the impediments (i.e., has not attended every one of the hearings n the issue) has the right to vote. If a person does cast a vote under those circumstances, the decision could be overturned Tatar. Jack: If a decision is overturned under those circumstances, the applicant has to refile and we'll end up in the same place. Fie: A. Henn Coo Bob reported that he visited the site. on the basis of all the charges that have been rade, he recommends approval. Motion made; seconded; and unanimously carried top prove the COC. Fe: B. Broudy eoe. Bob recommended approval of this coo. Motion made; seconded; and unanimously carried to approve the cc. Fie: South Cape beach raking Bob reported raking on this site, shored photos of the beach. Bob recommended meeting with chuck Green to discuss the violation. Other 1. Bob advised that ,John Johansen has resigned from the Board and recommended- that the Board have a dinner honoring him for his good work over the years. Michael Talbot volunteered to have a pot-luck dinner at his home. 2. Jack said he called ,Joyce and told her it is important that Stephanie Jones be approved without fu,rther delay. Executive session Re: Michael linin , 69, 73, 79, 83 and 87 James Circle, is suing us. Town counsel recommends that we file a counter claire against him, ask for a preliminary injunction and a permanent Injunction. Elliot: I think vire ought do this as aggressively as possible and ask for expenses involved --- there ought to be a statement that we may have to incur extensive engineering and environmental examination and expenses. Bob recommended a motion to file a counter claim, a preliminary injunction, and a permanent injunction to compel hire to pay the court expenses and the expenses of any associated biological assessments, including the SFA's impact.