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!& N-SV T I ON C MS S:orno N <br /> .Commissioners Present: Certrude Simmons, V. Louise Behrman, Joseph <br /> Burns, Carol Jacobson, Elliot Rosenberg and Patrick Coffey. Robert <br /> Sherman, Conservation Agent, was present alsof <br /> Ms Behrman, Chairman Pro Tea,- called the meeting to order at P,v, <br /> suggested Wetland Bylaw folder was circulated for review.- <br /> JAYE SONS TRUST, SE 43-614. Mr. Rosenberg reported on the hearing <br /> with DEQE in Boston on, Wednesday morning. He negotiated a proposed <br /> final order and Agreement of' <br /> f. Settlement is forthcon ing, A condition <br /> *10 appended to the Supereeding Order will provide that there will be <br /> no construction of a - float until such.. -tire as .-a Notice-.of Intent has <br /> been filed with the Commission and there has been compliance with an <br /> Order of Conditions and ali- other Federal and. State.ti::jaws arid- ,regul- <br /> ations. <br /> -,7:,15 SOUTH CAPE BEACH ASSOC. (Elliot Rosenberg stood down as a , <br /> n ghbor in the area) Bob Gauthier spoke re the -ruling from Town <br /> Counsel and asked if the ramp in it's present existence is <br /> -conforming. <br /> Hs Behrman stated- the structure - is not- a float -and comes under the <br /> Jurisdiction, not. just the ramp-but the whole structure comes under <br /> .-,the- ;jurisdiction of the Commission. <br /> Mr. Gauthier asked what .their options are and was told if they wish to <br /> -.construct such a structure -An the area a Notice...of Intent must be <br /> filed- with the Commission and the proper licensing procedures followed <br /> Mr. Gauthier stated this would cost 'a considerable amount of money and <br /> . Ms Behrman stated it would. He advised a considerable amount of <br /> money with the Association is very difficult to raise. , -They are <br /> looking for a way to conform with something that .wou d . e acceptable <br /> to the Commission, Shellfish Darden and Harbormaster without going <br /> through all of the formalities. <br /> Ms Behrman stated it i,s a matter of Mate law as well as Town bylaw <br /> that such structures in the protected area barn to go through proper <br /> procedures; not only ' o they have- to so through the Commission but <br /> also have other Mate Waterway licensing procedures to make sure they <br /> do not present hazards to navigation. The Commission has no power - o <br /> vary Mate law. <br /> Mr. Gauthier. asked i.f they still have the option of eliminating the <br /> walk--on cramp and- just putting a floating ramp under the Harbormaster. <br /> Ms Behrman asked for - his definition of a float. He stated this float <br /> would be 17 X 20 and floating in the water; a seasonal float. She <br /> stated that is a substantial structure and is virtually a floating <br /> dock. The size stated was in error and corrected to 6 X I . <br /> Ms Behrman stated it also creates an impact on the resource area as it <br /> will be used as a docking facility, the Commission is being put in <br /> difficult position, consideration would have to be given to how the <br /> structure is being accessed. The steady foot use over the marsh area <br /> would have a detrimental effect on the wetland and the Commission <br /> Auld have o ban em in el d_ <br />