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when they filed the work order for the shrubs. The deck was already up and he was told that it <br /> was a temporary seasonal deck which the tenant has since taken half of the deck.up and the rest <br /> of the deck will be up by the end of the upcoming weekend. He states that they will file for the <br /> permit so that the deck can be put down net season for the renter and he is hoping to be able to <br /> move on. He explains to the Commissioners that there was no ill intent other than <br /> miscommunication. Mr. Fields-says that he has been before.the Burd and the Burd of Health <br /> before for a new septic system.. He goes on saying that his other property ['1 TarfFrail way] was <br /> involved with a dredging project and everything was dome to code. He explains that he believes <br /> this was just a misunderstanding and he would like to correct it and move on. He apologizes for <br /> the inconvenience and states that it was not a malicious intent. <br /> Chairman Fitzsimmons asks the Agent if the mailings were sent by certified mail and Agent <br /> McManus anus responds that there were two Enforcement Orders including violation Notices that were <br /> seat out certified. This was signed by the trust ling Casey and Mr. Fields agrees saying that it <br /> was probably his wife Kim Casey. Mr. Fields explains that he cones to the Cape on Thursdays <br /> and leaves Mondays; sometimes he sees the mail but sometimes he does not. He says he <br /> doesn't really have a good answer why it hasn't responded to but the minute he knew, he <br /> contacted Cape & Islands. The Chairman-asks Mr. Fields if he understands the Commission's <br /> -position in which certified letters are mailed and signed so it is assumed that the party involved <br /> would know what is going on. Mr. Field agrees and he says the same thing to his spouse. He <br /> says he really does not have a good excuse. Mr. Sweet asks if the deck was built at the expense <br /> of the renter and Mr. Fields confirms that it was and states that the renters looked at some bylaw <br /> and thought that it was allowed under that bylaw. The Agent says that it was possible that they <br /> were looking under the Building Department bylaws but not Conservation. Mr. Fields agrees and <br /> says he does not want to debate that. The Agent asks if the tenant informed Mr. Fields about the <br /> construction of the,deck. Mr. Fields states that they did it all on their own but they did,let him <br /> know they were doing renovations to the inside of the home. He believes that they had a permit <br /> for the interior work and that maybe the tenants thought that permit would-cover all of it. Mr. <br /> Fields mentions that the deck is just 2 x 's or 2 x 6's that was placed down with no footings and it <br /> can be lifted by probably 10 people. Mr. Gurnee asks about the interior renovations and asks Mr. <br /> Fields if he knew about those. Mr. Fields answers that he did and Mr. Gurnee asks if there was a <br /> plan received. Mr. Fields.states no but he had an idea of what was going on and believes that it <br /> was built more to suit than an actual plan. Mr. Fields states that he does not spend a lot of time <br /> -there as once he was able to put tenants in after he purchased the property, he was basically <br /> gone. If he realized at the time that he would be in this position before the Conservation <br /> Commission than he would have been a lot more involved. Mr. Sweet asks if the tenants will stay <br /> and Nor. Fields replies that there is a three-gear deal with therm and they now know ghat has <br /> happened-and what can and cannot be done. Mr. Fields comments that they are ars older couple <br /> and the deck they put up was very nice as they had just wanted to sit out there and view the <br /> ocean. Mr. Gurnee comments-that with the seriousness of the response from the Town that he's <br /> surprised the deck was not removed immediately. Mr. Fields states than he didn't believe it was <br /> that big of ars issue because of,the way the deck was constructed. He says that he does not <br /> mean any disrespect to anyone but it was pleasing to the property. Chairman Fitzsimmons states <br /> that it is not the deck itself that is the issue, it is the Enforcement Order. Mr. Fields understands <br /> that there is proper protocol when you are on the water and unfortunately they just missed it. Mr. <br /> Gurnee states that the response is very important. Mr. Fields says that the moment he was <br /> aware of the issue and how serious it was, he engaged Cape & Islands and he also was unsure of <br /> what the response should be. He also states that he was wrong but felt that having his tenants <br /> remove the deck in the middle of the summer was not appropriate given the way it looked and <br /> ghat was-there} if it had been a permanent structure, then he probably would have had a different <br /> view of it. He states that he is standing there saying "mea culpa" and the Commission is right but <br /> that's not what happened. <br /> Chairman Fitzsimmons asks if-any other questions. The Chairman then thanks Mr. Fields for <br /> coming in and informs him that he will be notified of ghat will be decided. <br /> 6 <br />