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i <br /> I <br /> Attorney Fogel, on behalf of Mr. Wall n t in and a group of owners of the <br /> condominiums, wanted to clarify that Tidewatch shares access from New S abur r to the <br /> beach so when they put vegetation they will no longer be able to drive vehicles and <br /> dunnp sand over the top. He spoke about the lot that previously'had trees and beach <br /> grass and was used for a staging area. He said the Commission should treat this <br /> particular let specifically where there was a violation. He said even though the <br /> developer has moved the buffer back to 50 feet, he was requesting the Commission <br /> insist on a Igo foot setback to allow for revegetation. He requested that the <br /> Commissioners deny the revised application regarding the 50 foot setback. He said the <br /> unit owners request, if the commission grants any of the proposal, that they require <br /> mix of indigenous plantings, something to give diversity. Attorney Fogel granted to make <br /> sure that the beach nourishment connects directly to the timber wall project and <br /> whatever Bayswater is subject to is carried forward. Mr. Fogel said the owners also <br /> request-that a Condition be placed that the owner of the lot would not be able to come in <br /> and propose an engineering structure on the coastal bank. He said if the Commission <br /> grants approval, it is done with something that has a 'loo feet of buffer revegotation. <br /> Matt Creighton said as far as replacing the loo foot buffer with vegetation, he feels they <br /> have met the performance standards. The applicant will provide beach grass along the <br /> top of the coastal bank as well as other plantings. ,The list of the plantings was included <br /> in their packets. He said if there were some other plantings the Commission wanted to <br /> discuss, he would be happy to discuss -it. He ddre sed the request to not alloy an <br /> engineering structure on the coastal bank. He noted the regulations are subject to <br /> change all the time and he has no idea what the regulations will be down the road. <br /> The Commission reviewed photos of the previously vegetated path. The Agent said he <br /> doesn't know when it was cleared but could not find a permit for the.clearing. The bylaw <br /> states this is how much must be replanted when a violation takes place. He said it is not <br /> n exchange to push the house back loo feet. Matt Creighton stated they have come <br /> up with more mitigation than is required with more than 14,000 square feet of mitigation. <br /> The Agent suggested incorporating a bit more diversity, instead of just beach grass, to <br /> try to establish a coastal habitat that could be easily maintained. It was also discussed <br /> why no one raised the issue of this previously vegetated area prior to now. <br /> Attorney Fogel opined if the lot was vegetated as it was two years ago and an l of was <br /> } filed, the Commissioners would have Ii kely not permitted .cutting any of that 100 foot <br /> buffer. .He noted the Com issi ners have been out on this prdpert r many times over- <br /> the <br /> verthe last 30 gears. The fact that it is being brought up now is to treat the lot as if the <br /> unpermitted violation is not 'ignored. It was a violation and should not be rewarded. The <br /> condo owners are abutters to a lot that had standards that the Commissioners enforce. <br /> .doe Colasuonno noted it is all about the view regarding lot 42. Mr. Wallenstein's vier <br /> cuts across the let. <br /> No public comment. <br /> The Agent stated if the Commissioners approve the project, they should require an <br /> Amendment to include a new planting plan. Approving a 50 foot set back is not going to <br /> adversely affect the performance standards of the coastal bank. Although no aspect of <br /> 3 <br />