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impeded to the greatest extent possible. The final phase is the removal of the rocks from where the <br /> access of Tidewatch is. According to the letter from Town Counsel, all of these can be allowed under <br /> the existing Order of Conditions even though it has been issued a Certificate of Compliance; it still can <br /> be approved as additional work and then the COC can be amended to reflect that. The last thing is the <br /> beach nourishment which will be mostly up to them with little consequence to the Commission; <br /> depending on how much value they put on the coastal beach. New Seabury is under no obligation for <br /> nourishment of any kind because they have no structure on the lots. They have been doing it entirely <br /> to preserve their coastal bank and to preserve the real estate integrity of the lot. Tidewatch was <br /> specifically obligated under an Order of Conditions to put down 1500 cubic yards of sand a year. The <br /> agent feels that Tidewatch should begin the nourishment activities immediately at least to show a good <br /> faith effort that they are adhering to their Order of Conditions. Vice Chairman Shaw asks of the <br /> material that they owe and the agent states that he has yet to figure out how that will work. The <br /> Chairman asks if they are supposed to tell both parties what to do but the agent says that he would like <br /> to give them an opportunity to work on a solution. The Vice Chairman asks about a violation notice <br /> because Tidewatch is currently in violation and Agent McManus says that he will be following up on it <br /> although according to their legal counsel, they are intending to come into compliance. It's just a matter <br /> of time which the agent has already stated to them that it needs to be as soon as possible. The agent . <br /> does state that it is a completely separate issue from the Bayswater issue. It is a violation of their <br /> Current Order of Conditions and Tidewatch needs to address it. Mr. Sweet states that the area could <br /> have been worse with a lot of damage to the armored wall by now if Bayswater had not been dumping <br /> hundreds of cubic yards of sand over the side and also at the second tee which has been working its <br /> way down and most likely helped to keep the toe of their armored wall in place. <br /> Chairman Fitzsimmons asks if June 28th is an informational session only so basically no questions from <br /> the audience. Agent McManus confirms that it is information only and that they will know exactly what . <br /> they are supposed to present at that point of time. It is not a debate and it is only to update the <br /> Commission of what the two parties have worked out. The Chairman recommends a two-page hand <br /> out that they can provide to the Board to describe what the situation is. Mr. Sweet asks if Town <br /> Counsel will be able to review their response to see if they have met their requirements and the agent <br /> confirms that Attorney Costello will review everything. <br /> Motion made, seconded and unanimously carried to adjourn the meeting at 8:28 pm. (1 32:201 <br /> Respectfully submitted, <br /> Kris arpenter <br /> Administrative Secretary <br /> ...Ali materiai submitted for hearings can be found on Conservation Flash Drive dated 711110- <br /> 8 <br />