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issues should not be linked together moving forward. IIIb. Fogel states that Tidewat h,has an easement <br /> on the beach and is agreeable to this work proceeding immediately because the beach is not really <br /> usable currently because of the profile and the seaweed that has.collected there. Mr. Colasuonno <br /> would prefer to wait until September or later but Mr. Fogel would like to do it right away because it has <br /> creamed a problem in its current condition and is not meant to be storm prevention for Bayswater's band . <br /> Mr. Colasuonno starter that any sand on the beach will help if a storm corner. Mr. Fogel states that <br /> they are not required to place nourishment on Bary water%s beach, only that they are willing to place it <br /> there. Mr. Fogel says that Bayswater's order of Conditions has a minimum of boo cubic yards or more <br /> depending on what amount of sand stays on the.bank or feeds the beach. The obligation to keep the <br /> envelopes covered is Bayswater and not Tidewart h. Mr. Fogel continues to say that Tidewat h i <br /> prepared to take its 1500 yards and put it over bn Bayswater to cooperate but it should not be turned <br /> into an obligation to plane sand in that area. Mr. Colasuonno asks where the 20,000 yards will go and if <br /> it will core in an enforcement order. Agent McManus states that while trying to maintain the two issues <br /> as separate, Tidewat h does have an outstanding obligation for a significant amount of beach <br /> nourishment and he would prefer to work it out with Tidewat h although, .if need be then the. <br /> Commission will-issue an enforcement order.. Mr. Gurnee comments that nourishing 1500 yards every <br /> year now is good but what about what they owe and hover that amount should be figured for each year. <br /> Mr. Gurnee suggests hiring an engineer to-look at it and possibly talk about. 1500 yards twice a year for <br /> the net 10 years but there needs to be a plan in place to make up what is owed. Mr. Fogel comments <br /> that they understand that but for now, Tidewth is agreeable to.taking this year's 15 00 yards and <br /> instead of putting it in front of Tidewath' wall, they will place it over on Bayswater property. They plan <br /> on this nourishment immediately after Bayswater is finished with their corrective action. Mr. Fogel' <br /> question is when the Commission will direct Bayswater to do the corrective action. Agent McManus <br /> asks Mr. Colasuonno why the nourishment can't be placed as soon as the project is complete'. Mr. <br /> Colasuonno states that it rakes more sense to build the banking up with sand to resist the winter <br /> storms rather than placing it down now and then there will be nothing for the winter. Mr. Fogel states <br /> that the winter stabilization is Bayswater responsibility as they have minimal requirement of beach <br /> nourishment of boo yards annually. Mr. Colasuonno would prefer to utilize the 1500 yards in a better <br /> way and Mr. Fogel states that they can wait to put the sand out there but there should be no reason to <br /> stall the corrective action. Agent McManus asks IIIb. Colasuonno about the timing of the fisc and Mr. <br /> Colasuonno states that they feel it would be better to wait until after the summer season because the <br /> summer residents will get upset over all the trucks that will be present. They will be meeting with the <br /> residents on Seaside tomorrow who will voice their concern. Mr. Gurnee states that they have violated <br /> the Order of Conditions by putting an illegal gall in and it should be immediately removed. Agent <br /> McManus states that in a typical enforcement situation there should be immediate action. Mr: <br /> Colasuonno states that there may be a covenant in New Seabury that will not allover them to do this <br /> work at this time of year.- Mr. Fogel would life the Commission to direct them subject to not being <br /> prohibited by any legal agreement. Agent McManus suggests the approval of the amended plans-but <br /> as far as the timing goes, it should be up to the C'ommi cion to determine the timeline although normal <br /> protocols calls for immediate action but because of the legitimate concerns of disruption to season and <br /> if it is even allowable; his suggestion is to approve plan and to clarify New Seabury's restrictions. Mr. <br /> Gurnee asks if the discussion can be continued after the scheduled hearings as he feels it will require <br /> more attention. Mr. Colasuonno says he gill bring it to the Peninsula Council but he states they will <br /> most likely not agree to raid-season work. Mr. Fogel states that rather than waiting until after the <br /> scheduled hearings} they will abide by the majority-of the Commission's decision if it is approved to be <br /> implemented as soon as feasible reaming right away unless there are prohibitins in New Seabury's <br /> agreement. Mr. Colasuonno states that if the Commission would lice to make the timeline contingent <br /> upon the decision of the Peninsular Coun ii'than hefrill abide by that as well. <br /> Motion n made, seconded and unanimously carried to approve submitted plan and with the <br /> respect to the timing that it be done as soon as possible unless protocols in place that prevent <br /> it. <br />