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6:12 C llinswd Trust (270 Monomoscoy Road) Construct a new pier, ramp and float than will extend <br /> approximately feet beyond mean low water. Construct a 10' x 12' shed with gravel drive ay.- <br /> OOC "Cont"d to 4125113rn <br /> 130-,54] The applicant has requested a continuance to April 25th. <br /> Motion made, seconded and unanimously carried to continue to April 25, 2013 at 6:03pm, <br /> 3 Tidewatch/ Bayswater LLC: Deadline for submission of materials related to Tidewatch beach <br /> nourishment,---Agent McManus states that the Commission had designated April 11th as the deadline t <br /> submit any additional materials. Tidewatch submitted documentation for review and the agent states <br /> that they should reader a decision on April 25th n the beach obligation for Tidewatch. <br /> 4 Bayswater LLC: present information from consultants regarding exposure f bottom core envelopes <br /> (enforcement condition #4)—Agent McManus states that Woods Hole Group responded to condition #4 <br /> which the Commission had requested. Also submitted, is documentation from Wynn &Wynn <br /> (Bayswater). <br /> Robert Mills, (Attorney for Bayswater), requests to comment on condition #4. Mr. Mills says that <br /> particular provision to the enforcement order is erroneous and this project was not designed to have that <br /> kind of vigilance. Mr. Mills states that the project i -functioning well and will most likely function better <br /> once the spacers are installed. Mr. Mills says that they do not believe that the project has any kind of <br /> adverse effect on the coastal beach. it was designed with a specific amount of sand nourishment t be <br /> utilized annually. Mr. Mills states than they do not agree with the letter that was received by the <br /> Commission yesterday that said their project was having a deleterious effect. Mr. Mills says that the <br /> abutter group that sent the letter is a condominium association that is bias and their primary interest is t <br /> protect their easement over the beach. Mr. Mills states that the beach is eroding in that area because it <br /> is lacking about 20,000 cubic yards of sand over the past 15 years. Mr. Mills says that it is hard t <br /> determine whose delinquencies are the cause of the erosion. <br /> Mr. Mills is requesting that they continue to nourish in the manner to which they have been; which is <br /> ghat was provided in the Order of Conditions; and that condition #4 be removed from the enforcement <br /> order. <br /> Tara Marden states that she had submitted a letter on behalf oflew Seabury stating whether they feel <br /> the project is inaving deleterious effect on the coastal beach which they do not feel is occurring at this <br /> time. M . Marden shows photos from 2008 that show the coastline is variable and that there is n <br /> evidence that this project has had any impact to the coastal beach. <br /> serguei Ali , President of the Board of Trustees for Tidewatch asks the Agent to not drop condition #4 <br /> from the enforcement order as the project does have an adverse effect to the beach. Mr. Aliev also <br /> states that the stairs do not belong to Tidewatch and that they are common stairs that belong to both <br /> Tifewath and New seabury. <br /> Agent McManus states that the letter received from Attorney Fogel was distributed and he states the <br /> performance standards. The agent reads the letter for the record. Agent McManus states that the <br /> failure of the project would result in more erosion but to keep the core envelopes covered at all times is <br /> not feasible or enforceable. It is only in the best interest of the applicant to keep their core envelopes <br /> covered in sand as much as possible. The Commission will continue to reserve the right to inspect and <br /> monitor this area as an ongoing condition under the Certificate of Compliance. The agent suggests that <br /> once the boulders'are removed and the spacers installed that the Conservation staff continue to monitor <br /> the project. Agent McManus states that his recommendation is to re-word condition #4 to state the <br /> following: Bayswater shall be responsible for cleaning up any portion of the coastal bank stabilization <br /> project that becomes lose debris on the coastal beach as a result of normal or storm wave action or <br /> other deteriorating forces or actions as a result of exposure of the core envelopes. <br /> 3 <br />