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f <br /> responsible for that? Number two; the area up there did have sand on it. But inside <br /> the water was mud. Originally they did have a boat ramp in there. when the town <br /> built the other boat ramp they built the dock because it was not deep enough. It was <br /> never intended to be a beach. He didn't understand how they could be responsible <br /> for people going in the water. If they did have signs up there saying "leo Swimming" <br /> g <br /> why would they continue to be responsible? It was just his opinion. <br /> Ms. Grady asked if it had always done testing there or was this something new <br /> there? <br /> Mr. Harrington state.that this was new. When they were doing surveys s for <br /> � <br /> different bathing beaches. They were made aware that there was a beach there and <br /> an association owned it. <br /> Ms. warden asked Mr. Umina if the covenant for the association mention anything <br /> about a bathing beach within the subdivision. <br /> Mr. Umina did believe that that was the case. When they built that area up. He was <br /> part of the original group that built that area. They were required to have some green <br /> areas. They just called them "green areas".'They were not beach areas. There were a <br /> couple of lots thea were not even near the water. These were for boating purposes. <br /> They did have a boat ramp underneath the dock. But,the boat ram' p that was built o <br /> the other side of thein was a lot better.run. So they put a dock out thea for the <br /> people in the neighborhood to board the boats. It was specified as a beach. They <br /> were only supposed to b "green areas"'. <br /> Mr. Petersen had a copy of the SSCA by-laws. Most of it Just talks about territorial <br /> areas,policy and how the board of directors as such was elected. 'There was no <br /> reference to amenities or reference to a beach area. when.the original development <br /> was proposed, what they had as part of the development was to maintain the green <br /> areas. There were four specific lot areas to be maintained as green areas. He was at a <br /> bit of loss because he did n6t know that they were being referenced as a beach <br /> under CMR 445. He did not know that a determination had been made to include <br /> thein in that category, aside from the letters that he received. The letter that he <br /> received from the board dated March 3 1", 200 4, stated that it.had come to the <br /> board's attention that the beach had not been sampled as required. It apparently had <br /> been signed for by one of the board members. That was the later that had provided <br /> therm with the definitions of the bathing beach. <br /> Mr. Santos asked Mr. Petersen if he had received the first letter in March. <br /> r <br /> Mr. Petersen stated that there was a letter that was date.Larch 3 1 st, 2 002. But, he <br /> believed that it was meant for 2004. <br /> Mr. Harrington agreed that that was a typo and it was seat out for the 2004-bathing <br /> season. This letter that was being referenced dere had been sent out regular M_ail to <br />