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creek now so that they won't have a public safety hazard this summer when many more <br /> boats will be in the creek. <br /> One of the problems that has come up is the fact that the Division of Fisheries and <br /> Wildlife has said they cannot dredge after February 15th because of flounder <br /> spawning, so there's a very narrow window for this dredging to be done. <br /> Perry Ellis, representing the Harbormaster Building Committee, said a couple of years <br /> ago the same problem, or worse, existed. He said in the summertime there is probably <br /> an average of loo-boo boats a day through a very narrow passage. Along the shore of <br /> this creek there is a beautiful sandy beach where every two weeks there's a new group <br /> of mothers and small children. His department has put up a snail rope area to keep <br /> the kids out of the direct channel of the buts which are going by literally 121 <br /> array, <br /> causing a suction. Last summer he and his wa department spent too much time <br /> p y <br /> getting the kids out of the water and explaining to the parents the danger of the kids <br /> being sucked in and cut In half. so last sumer there was already a problem, and this <br /> year it has to be dredged again or there could be a very serious accident or even <br /> death. Boats bump each other and are pushed aside to the shore. <br /> Jim Hanks, representing the waterways commission, said he spoke that morning with <br /> the corps of Engineers to find out what they were doing. The answer was that they <br /> were in the process of reviewing the analysis done by BSC and it is not something that <br /> W11 be turned around overnight. Jim asked about an emergency process and the <br /> representative of the Corps told Jim that he was going to pass it up the chain of <br /> command for a response. <br /> Leslie Aran Morse, attorney representing Popponesset Bay, said the situation has been <br /> described accurately above. They had an emergency there lest summer, and <br /> something ,must be done now. They are proposing a slight project of taking out about <br /> 2,000 cubic yards, and she is very concerned about the public safety issue. <br /> Bob Sherman said yesterday he had a conference call with Jim Hanks, Perry Ellis and <br /> Joyce Mason ason regarding Town Counsel's thoughts on the issue which are as follows: <br /> 1. It is within our discretionary authority to grant such a request. The legal test is: <br /> Would a reasonable person come to the same conclusion -- i.e., grant such a request. <br /> Town counsel thought that granting said request would not be unreasonable. <br /> 2. Town counsel was unaware that there was any instructive case-lair differentiating <br /> between existing and impending emergencies. she also agreed that interpreting the <br /> current situation to be an emergency is a judgment call, that it could lead to other <br /> emergency requests to permit work for future emergencies. It could become a slippery <br /> slope. <br /> 3. It would not be unreasonable for us to refer the matter to DEP by denying it. The <br /> proponents could appeal n 1 and are entitled to a DEP decision within seven <br /> 2 <br />