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6:06 Stacey L. Cushner et al., 23 Samoset Road. After-the-fact request to permit existing RDA <br /> fence. <br /> Stacey L. Cushner, the Attorney of Record, presented plans. She is also the sister of the <br /> homeowners. The homeowners Susan Roth and Cathryn Edelstein, were present. <br /> The homeowners wanted it to be known that they apologize and want to make this right <br /> and will comply with the Commission. <br /> Agent said he does not think ignorance is at play here. He recommends 3 panels be <br /> removed and there should be 6" of clearance under the entire length of the fence. <br /> Mr. Smith asked if what exists now triggers mitigation. <br /> Agent said it looks like there is little to no disturbance from installing the fence. <br /> Mr. Colombo asked if excavating the 6" of clearance will trigger mitigation. <br /> Ms. Zollo asked if the fence will be raised or excavated. <br /> Agent said the burden is on the fence owners. He's going with raising the fence vs. <br /> excavating. <br /> There were several public comments: <br /> Dr. Robin Joyce is a neighbor. She acknowledged the comments about the homeowners <br /> complying. Her concern is the fence is flat and solid. Would a different format of the fence <br /> be a better option to prevent further damage? <br /> Richard Gorbity said he is horrified by the fence. It's still a problem of animal migration, <br /> wind, and what was previously said by Dr. Joyce. <br /> Kevin Donahue from Neshobe Road. He's not sure of the necessity of an 8ft animal fence <br /> leading down to the water line. It inhibits the view of anyone on Great River. He's <br /> opposed to the process that was followed here and the allowance where a fence of this <br /> nature to be built in an area where frankly you need a permit to trim your shrubs. He <br /> doesn't understand how a fence can be built without a permitting process. He believes it's <br /> an eyesore and that mediation can be achieved without a vindictive process such as this. <br /> Kelly Knight from 52 Nehoiden Road. She asked if the homeowners had come to you <br /> before this was built, what would have been suggested from the beginning? How would <br /> this have been addressed if it were a brand new proposal? <br /> Agent responded that with any violation we look at the impact it caused and if it would have <br /> been permit-table. We have approved many fence projects of all manner throughout town. <br /> We have, with the adjustments mentioned (clearance for wildlife/removing panels, etc...) <br /> ensured the integrity of the fence. Had the homeowners come to us first, I would have <br /> made the same recommendations I'm making tonight. If we issue a negative determination, <br /> I also recommend an enforcement order. <br /> Mr. Smith said if the only option is to excavate, he would like to condition mitigation. <br /> Mr. Sweet motioned for a negative determination with an enforcement order to remove <br /> 3 panels and raised 6 inches to allow for animal passage. <br /> Mr. Dalton seconded the motion. <br /> Vote: 6-0-0 <br /> Roll Call Vote: <br /> Mr. Smith; yes <br /> Mr. Sweet; yes <br /> Mr. Colombo; yes <br /> Mr. O'Neill; yes <br /> Mr. Dalton; yes <br /> Ms. Zollo; yes <br /> In favor, 6; Opposed, 0; Abstentions, 0 <br />