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r <br /> attended by representatives from Fish and Wildlife and AF EE to see what resources for funding will <br /> be available for the project. <br /> ) Enforcement order—192 Wheeler Road <br /> The Agent and Assistant Agent explained that they had been contacted by a Bdarwood Association <br /> member about some maintenance and tree removal happening on the property.The Agent explained that { <br /> he hes requested the property owner come forth for an After—the—Fact filing and that he informed theca <br /> that mitigation will have to be substantial. <br /> Hearing—Agenda <br /> 7:00 p.m. Maushop Village Trust, NOI—358 shore Drive <br /> (Pre-post storm nourishment-extend nounishment time frame) <br /> Norman Hayes stood to represent the applicant. Mr. Hayes explained that the applicant would like to <br /> extend the dates for nourishment to Apri 13&from April 1 6t. The Assistant Agent stated that the D.E.P <br /> asked that Natural Heritage comments be waited for on the project. Mr. Collins an abater stood to <br /> address the Commission, he asked that the time frame be restated. Mr. Collins explained that they have <br /> never been notified of when the nourishment is going to take place and that he had sent a letter to the <br /> Conservation department expressing his concerns with the project. The Commission did explain that <br /> letters are sent and that the Association would have been notified but that every owner would not have <br /> been. Mr. Hares explained that the property owners do not own the area where the barge is brought in as <br /> it is below mean high water. The Agent agreed that the property owners do not own past mean high water <br /> and that the abutters are notified in accordance with the regulations. Attorney Jeremy Connor, an abutter <br /> stood to comment and stated that the property owners own to the lova high water mark and that the <br /> nourishment should be prohibited without their permission. Attorney Connor stated that the beach has <br /> never been the same since the nourishment that took place back in 2006 and that a lot of damage was <br /> done to their beach.Attorney Qonnor explained that the area is unique and not owned by ars association. <br /> Mr. Collins and Attorney Connor explained that the area is owned by the 33 property owners jointly. Mr. <br /> Hares explained that the application was not on whether nourishment could be performed but when and <br /> that the nourishment is allowed in perpetuity and nourishment will continue regardless of the evening's <br /> outcome. Mr. Mayes explained that it is purely to extend the window of time and that the order of <br /> conditions has been honored year,after year on the project. Mr. Hayes explained that the applicants were <br /> looking to extend the time frame and be in line with the other properties in the area that nourish until April <br /> 30th. Commissioner Costa asked what access is used for the nourishment; Mr. Hayes explained that R is <br /> not the Dean's Pond area mentioned by abutters. Commissioner Costa reiterated to the abutters present <br /> that the time frame extension would only improve the chances of the sand staying there longer and that <br /> regardless of whether the time frame is approved that it will be approved forever. Mr. Hayes explained <br /> that he understood the abutters frustration but that he was not involved in the '06 or'07 nourishment <br /> projects and would be sure that the project be handled differently. Commissioner Costas asked if Mr. <br /> Hayes would have an issue notifying all 33 owners prior to nourishing. Mr. Hayes stated that he would <br /> have no problem with that and that he would also certify a letter to the organization. The Commission <br /> explained that it would be approved pending the Natural l Heritage comments and with the condition that <br /> the certified mail get done and that the nourishment not go beyond the end of April. <br /> Motion made,seconded and unanimously carried to close and Issue. <br /> 7:03 p.m. Jeff Murad, fol—19 Keel way <br /> (Vista prunin )(continued from 19 10 )(cass costa recuses herself <br /> (Commissioner Fitzsimmons calls the Rules of Necessity) <br /> Wayne Tavares stood to represent the applicant. Mr. Tavares explained that the hearing was previously <br /> continued so that some Natural Heritage concerns could be addressed and the plans updated to include <br /> dverfront setbacks as requested by the Conservation Agent. Mr. Tavares explained that the boundaries <br /> had been moved back and is out of the extremes. He stated that there is an updated letter on file from <br /> Natural Heritage to that affect. The Agent explained that the plan does now include the riverfront <br /> setbacks, and IIIb. Tavares has handled all of the concerns mentioned by Natural Heritage. The Agent <br /> 2 <br />