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• Regulations became effective mid-October after the Attorney General's review <br /> • Cayer's project was filed after new regulations were in place <br /> • Septic system placement(68 ft from salt marsh)violates the new 75 ft buffer requirement <br /> • Original denial motion was made `with prejudice' <br /> • Plaintiff is currently using the property for boat access and has a platform/float <br /> • Discussion of potential takings claim if property deemed unbuildable <br /> • Any claim for taking would be weakened by the current use (boat access) and standard <br /> buffer regulations <br /> Development Possibilities <br /> • Entire property within 75 ft buffer zone <br /> • Board of Health issues with septic systems placement <br /> • Seven variances required with the Board of Health for the original plan <br /> • Property is subject to flooding per sea level rise projects <br /> • The marsh area is environmentally sensitive, close to ACEC (Area of Critical <br /> Environmental Concern) <br /> • Discussion of a possible tight tank with a small shed structure as the only development <br /> option <br /> • Current site constraints make building a house extremely difficult <br /> • Zoning has a 2-year waiting period to reapply <br /> Commission Decision <br /> • Commissioners polled on entertaining a new proposal <br /> • Ms. Clapprood: Open to new application considering timing issues <br /> • Mr. Sahl: Let the judge rule, believes new proposal unlikely to pass <br /> • Ms. Godfrey: Not interested <br /> • Mr. Cook: Not supportive of typical structure/septic, only possibly a shed <br /> • Mr. Colombo: Not interested <br /> • Majority (4 of 5)not interested in entertaining the smaller proposal <br /> ADJOURNMENT <br /> 6:45 Motion: Mr. Cook made the motion to adjourn the executive session, which Ms. Godfrey <br /> seconded <br /> The motion passed unanimously. <br /> Respectfully submitted, <br /> A - <br /> Alyssa Pinto, Conservation Commission Board Secretary <br />