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Material submitted: <br /> (Veil Ferris states that they are not changing any of the mitigation on the previously approved plan but <br /> would like to add a circular driveway. Mr. Ferris states that the ramp, as stated on the plan is concrete <br /> but is probably an overdone; they will have dirt pagers. It will be used mostly by the elderly. They are <br /> also proposing a small sprinkler system for the new plants and to minimize/eliminate any grass areas to <br /> keep it as natural as possible. <br /> 4 Bayswater/Tidewatch — Chairman Fitzsimmons states that Attorney Pat Costello is present for this item <br /> discussion. Agent McManus explains'that a narrative from Tidewatch was submitted describing the <br /> beach nourishment obligations moving forward. The narrative mentions ether order of Conditions for <br /> similar beach nourishment obligations which Agent McManus will require an investigation of sand that <br /> might be owed by other properties. The agent states that in the file for Tidewatch, he did not see any <br /> profile information or sand grain analysis since 2000 or any other beach nourishment. There are bullet <br /> points listing houri hrnent for 1998 -20 00; 1998 — 1 gggcy., 1999 —20 y. and 2000 — 1 000cy 000cwere <br /> placed but there is not any information submitted to the office to show these nourishments. Agent <br /> McManus states that he would also like to discuss where both parties are in terms of the beach <br /> nourishment and New Seabury's pile spacing. Kirk Boma had explained the difference of the plan and <br /> a <br /> ghat is actually out there in the field at the last meeting. Mr. Bo ma had said than the filter fabric and <br /> 4's did have an impact on the pile placement because of the pressure placed on the piles and it might <br /> have caused the shifting. Mr. Boma had also said that the two rows were to be placed apart (plus or <br /> minus 4"). The agent says that he was onsite recently and while there is spacing in the piles, there is a <br /> discrepancy between that and the plan submitted. Agent McManus states that he believes the most <br /> important issue is for the Commission to assess the current configuration of the piles because they are <br /> separated by varying degrees along the entire stretch and determine whether sand is getting through. <br /> The agent says that he spoke with DEP an.d they are taking the stance that since the issuing authority <br /> issued the Certificate of Compliance, they are not getting involved although they did make it known that <br /> they did not think it is in compliance. Agent McManus says that the sand is getting through as desired <br /> and but he does not know to what extent it is nourishing the beach and it still remains to be seen. <br /> Attorney Costello states that ghat is before the Commission is an enforcement matter at this time. As <br /> previously noted before, there was an order of Conditions issued allowing the structure to be <br /> constructed but there were 2 x 4's installed which were not shown on the plan or approved by the <br /> Commission. After several meetings, it was agreed to remove the non-compliant components. <br /> Attorney Costello says that the fact a Certificate of Compliance was issued, even though it was a matter <br /> of record at this point of time, common sense would dictate that they did not truly achieve full <br /> compliance with the Order of Condition or they may have'achieved it but added the material later which <br /> brought it out of compliance. That aspect of the non-compliance has been fully resolved at this point <br /> but it is still in question whether the pile structure itself was installed as shown on the plan. Attorney <br /> Costello states that they are entitled to rely upon engineer submissions and plans submitted to the <br /> Board to help assist-them in making a determination whether or not the structure has been <br /> appropriately or suitably constructed. Attorney Costello says that this is one of the reasons why he <br /> suggested this supplemental meeting; to have both parties appear before the Commission to give their <br /> views on whether or not it's in compliance although Attorney Costello understands that Bayswater and <br /> Tidewatch had appeared at a prior meeting to provide that information in some regard. The attorney <br /> states that he nearer fully understood the 4" on center argument and he would like to bear more. He <br /> says the issue that strikes hien, hawing seen the plan, is whether or not there are truly two staggered <br /> rows of piles and that they will look at the potential issuances of an Amended Certificate of Compliance <br /> given the changed circumstances. The removal of the filter fabric and 2 x 4's will be noted in the <br /> record. The attorney states that the question now is whether or not the pile structure complies with the <br /> approved plans and he believes that a secondary Crary to approach this is whether or not the <br /> performance standards are met or ghat was intended to be accomplished by the design initially. <br /> Chairman Fitzsimmons states that he thought the only question was whether or not the pilings are <br /> installed according to the order of Conditions. Agent McManus states that everything seems to be at a <br /> standstill right now because there is sand getting through the piles and yet there is still a discrepancy of <br /> the pian but he says he would like to be able to move forward. Attorney Costello states that everyone <br />