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23 <br /> Mr. Doherty continued that there comes a point in time where even something that <br /> might be called "man-made" becomes natural. <br /> Mr. Slavinsky agreed and stated that that is what happened on Popponesset Island <br /> with Diane Baretos from conservation. She determined that it was a filled in <br /> wetland. He asked her when a filled in wetland isn't a wetland anymore. She didn't <br /> have an answer. <br /> Mr. Doherty stated that right now at face value he would have to say no. The <br /> additional information might help them to build a case to justify an exception. He <br /> wouldn't recommend that they go spending thousands. But, if they wanted to get <br /> some more information such as that it has been like this for 36 years. The strip- <br /> out issue has to be addressed for what it is. The reason that they enacted that <br /> policy has to be addressed. If indeed, you can provide equal environmental <br /> protection then the BOH members will have to consider the request. <br /> Mr. Slavinsky stated that the abutting property next door is in the natural state. <br /> Therefore, if there is the possibility that this lot actually was a wetland and the <br /> abutting property next door isn't. He doesn't believe that the Mahoney family would <br /> have bought a swamp. <br /> Mr. Doherty again reiterated that his first inclination is to say no but he would <br /> consider it. He didn't think there was any ray of hope. It is going to be a tough sell. <br /> Mr. Slavinksy then asked where Mr. Mahoney was supposed to go from here. <br /> Mr. Santos then reiterated the prior recommendations from the Board members. <br /> He would probably say no. But, the burden of proof is basically on the owner and <br /> the engineer. <br /> Mr. Ball suggested that the three Board members have the opportunity to look at <br /> the property. <br /> Mr. Slavinsky asked if they could continue this discussion at a later date. <br /> Mr. Doherty agreed that it could be continued. <br /> Mr. Mahoney stated that he would love to have the Board members look at the <br /> land. They could come down any time they want. They could call him. He would be <br /> happy to speak with them. <br /> Mr. Doherty recommended that Mr. Slavinsky discuss the issues with conservation <br /> to begin with and go from there. He wasn't trying to be ambiguous. But, that was <br /> far as they could go from here. <br /> APPOINTMENT: Cape &Islands Eng. 6 Meadowbrook Road <br /> Mr. Slavinsky stayed for the next appointment. This request was for an approval of <br /> a denitrification unit. <br />