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and they are novo in compliance. Agent McManus states the project is performing as to hover it should <br /> be as sand is noir accreting to the beach. He says the question to ask i ; if it is adversely affecting the <br /> resource area values and if it is adhering to the performance standards. <br /> Chairman Fitzsimmons asks if this would be an amended order and the agent says that it would not be; <br /> it would be an after-the-fact Enforcement Order. Mr. Gurnee states that the sand prefile is net as deep <br /> as it shows on the plan and that it snows that the sand is corning right to the top of the piles. Mr. <br /> Bosnia states that is supposed to look like that after the sand nourishments. <br /> Motion made, seconded and unanimously carried to close and issue an Enforcement order that <br /> acknowledges the removal of the filter fabric and 2 x 4's and brings the project into compliance <br /> 1r. o terhoud t asks if they can discuss Tidewatch's beach nourishment application since it Inas been <br /> approximately three months and they have not produced a plan. Mr. o terhoudt says that their lack of <br /> nourishment has caused loss on his property. Mr. o terhoudt also states that Tidewatch has been <br /> leading the Board to believe that they are working out an easement agreement to provide access to the <br /> beech. Mr. osterh udt says that they presented Tidewatch with beach access and it was returned and <br /> stated. unacceptable. Mr. osterhoudt says that he thinks the Commission should request a second <br /> option in the evert than Bayswater does not allow Tidewatch onto their property. Agent, lc Manus <br /> st tes that the only recourse would be is to conduct it on their own property. Chairman Fitzsimmons <br /> requests a copy of the current easement agreement and asks ghat the termination period is. Mr. <br /> osterhoudt states than any time they want access then it would be a new,agreernent each time as they <br /> need to know why they want it and where they are going to go. Nor. Osterhoudt says that Tideiatch <br /> signed an executed access agreement which they never acted on last year. Mr. Gurnee asks if Mr. <br /> osterhoudt thinks that they are losing sand because'Tidewatch is not nourishing their oven property. <br /> Mr. Bosma says it's not that they are losing sand but sand that is normally in the system. Agent <br /> McManus states that the information he received shows the direction of the current moves towards the <br /> Spit and is not a feeder beach for Bayswater. it would even benefit Bayswater if Tidewatch was to <br /> nourish the state or torn beach or in front of the golf course. Nor. Bosrna states that he assisted with <br /> that report of the movement of sand and it showers that thea is a reversal point but granted that a lot <br /> heads toward the Spit in Popponesset but where the shoreline ends, there is a reversal point. The <br /> chairman asks what the entitlement of Tidewatch is to use the beach in front of Bayswater property and <br /> Mr. osterhoudt states that Tidewatch has an easement to utilize the beach which does not have a <br /> termination although the easement allows Bayswater to place restrictions of any kind on it. <br /> Chairman Fitzsimmons states than they will gait for the submittal of the plans from Tidewatch which is <br /> due August 31'. <br /> 4) Proposal for new meeting-time.—Agent McManus proposes anew meeting time of :ogpm starting in <br /> September. <br /> Motion made, seconded and unanimously carried to approve the new meeting time of 6:00pm <br /> 5) Noisy Hole gates—All four gates have been installed and DPW put in locks and pines but'w-ithin the <br /> same day, someone with a metal file, cut two pins and removed the locks. Catherine Laurent has <br /> agreed to plane boulders in these locations. Mr. Lloyd suggests checking into Hadfield Manganise <br /> steel for the pins and bolts. <br /> 6) Richard Cook Aquaculture grant: post superseding onsite —The superseding onsite visit took place <br /> yesterday. Agent McManus states that they met fiat in the main conference room to go over both <br /> parties' views. The agent says that he cited all of the statutes and the reasons why the Commission <br /> decided to approve the project'and emphasized that it was a perfect candidate for an order of <br /> Conditions. The agent also mentioned that he spoke to other agents in other towns like Wellfleet for <br /> example, Wellfle t has permitted all of their aquaculture through I A's. Dan Gilmore was the <br /> 5 <br />