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Y <br /> j <br /> any Not if it doesn't meet the performance standards. We can render a decision that's <br /> right or wrong. In this case he is saying from his experience and consultations vAth <br /> many other people, that the regulations are part of the lave, vire are sworn to uphold the <br /> laver and in his opinion it would be wrong and illegal for us to pass this project. Bob <br /> said that Kopelman & Paige said we have the discretionary authority to approve it, but <br /> in his opinion it would be wrong to do so, not illegal in the sense that we would go t <br /> jail. <br /> Greg Smith, President of Sage Popponesset Bay, asked if the regulation in question is <br /> that the spit should be allowed to migrate landward. Michael said the spit grants to <br /> migrate landward, and now they ant to dredge it. Nor. Smith said this Board has within <br /> �� <br /> its authority to accept their Idol, work with this charitable organization which has cost <br /> thousands of dollars, and recognize that if we follow this letter to the bar, the end of the <br /> it veil attach itself into the end f the island, and Popponesset Creek ri[l blocked <br /> off and starve, water quality Wil suffer, and there W11 be no navigation. He said there <br /> nothin natural about the Popponesset Spit anymore, and the iss ,e nor the day's <br /> right to exist. If they walk away noir: thea it will become the Town'sresponsibilityto <br /> handle it. <br /> that's their decision. The <br /> � saidIf they walk away now, y have the rht to redress <br /> through the variance process. Mr. Smith said they are not going to do that, so the <br /> Town has to be willing to accept those consequences. <br /> Michael said that at every ,meeting vire have advocates who come before this Board who <br /> are required to meet the performance standards, and our willingness to approve their <br /> projects is based on, as the lave states, their demonstrating to us that they meet those <br /> performance standards for those resource areas. If vire ,Hake an exception.based on <br /> the fact that there are a lot of people who have ingested a lot of money and they say <br /> they have a right to do It because f that, then ghat does that say to people who dont <br /> have a lot of money and don't have powerful people backing them up but come and <br /> make a good faith effort to meet those performance standards? This is ghat we do all <br /> the time, and we try to be very consistent about it. We're not looking to play favorites, <br /> and if we were to do that', it would come back to haunt us. <br /> Bob said we can procedurally deny this and should anyway on the basis of the fact that <br /> it doesn't specifically address 10-28-29, and it's supposed to. Mr. Hayes said when a <br /> CEP file number is issued, if you dont have a complete filing, they mon#t issue a <br /> number. If they have a problem with the filing, they'll list those things that they want the <br /> Commission to address. The only thing that was listed by the DEP In the issuance of <br /> that file number was the fact that they want to make sure that the beach nourishment <br /> for the Spit was compatible. AJso, he asked this Board to consider that the legal <br /> process we are asking of them be available to them. He said we have the authority to <br /> approve this. if DEP does not agree, even though they have issued permits, they can <br /> overrule by requesting a superseding order. The project is not only In the interest of <br /> i <br />