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aware of that, and that's whir Conservation can't get 'involved ire land issues. We are strictly here <br /> to monitor situations regarding environmental issues. Conservation doesn't say anything about <br /> gates. There are two other access points and one more that is public, but we should not be <br /> getting into those aspects. <br /> Michael said it's the Commission's job to review those issues as they relate to that, not Ton <br /> Counsel's job. We have been entrusted to protect the interests of the Ton, which in this case <br /> cludes recreation, so it is legitimate discussion. Jack said we have to take advice from Town <br /> Counsel. Mchael said we can take advice, but we are the ones to make the decision—that's why <br /> e're here. <br /> Steve recommended a negative determination with the condition that we normally approve a <br /> fence that leaves enough room underneath for Vildlife passage. ale this does occur in <br /> resource area., it has a mmirnal environmental impact. <br /> Len clarified that 1 this is a gate, not a fence, on Mr. lythe's property, 2 it wil allow wildlife <br /> passage, and it is Steve's opinion that it does not affect any resource area. Len said he doesn't <br /> have any information on the ancient way issue, so other than that, he thinks the filing should be <br /> approved. Michael said it's the only access point. . <br /> Mr. Blythe asked the definition of an ancient way. No one had a definition. <br /> Steve said our permits state that they do not convey property rights, so if we issue a peffnit, it <br /> doesn't mean that 1 anything will come of it, or 2 that it natters where it is. ,Tack said if <br /> Conservation approves it, someone can take it to court to establish it as an ancient way. <br /> Bob Wooldridge, representative-from the 1 ashpee Americans with Disability Act Committee, <br /> said the gate is an act of discrimination and this path is the only access for the disabled to this <br /> recreation area. Another factor is that this is a shellfish area. Steve said there is a public access <br /> way maintained by the Massachusetts Division of Fisheries and Wildlife and the Town. This <br /> access way is the only access for dredging. <br /> Attorney Michael Princi, Wynn&Wynn, representing Nancy Cafyn et a15 distributed to the <br /> members a copy of a Preliminary Injunction dated August 21, 200 3, copy attached to these <br /> minutes. He said this order is std in effect today, so the Town as a party should not be working <br /> with fir. Blythe to put up a barrier. He said that Mr. Blythe's deed shoves the right-of-way and is <br /> inconsistent with the plan he is SU' brnitting for this hearing that shows what he cabs a pathway. <br /> This is an attempt to block a way to a public beach that the public has been using since 1949, He <br /> thinks the Co um*ssion should require the applicant to produce an engineered plan that is <br /> consistent with the Registry of Deeds. <br /> Steve said this permit does not give the applicant the right to buf1d a gate. It says the applicant <br /> l � <br /> does not have to file.a Notice of Intent if we vote negative because 1 it occurs in the buffer <br /> zone, 2 it's located within the resource area but in fact does not impact that resource area and 3) <br /> it's a nm6m l impact project. <br /> Michael said there is another option, and that"s an extension and it requires four votes. Another <br /> option is if we have enough questions on this regarding impacts and recreational values in the <br /> 2 <br />