HomeMy WebLinkAbout1991-05-02
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Town o-f Nantucket
Conservation Commission
(508)228-7~O
10 South Beach Street
Nantucket, Massachusetts 02554
MEETING MINUTES FOR MAY 2. 1991
The meeting was called to ord~r at 7:00 pm in the Large
Group Instruction Room of the Nantucket High School.
Commissioners present were William Willet, Laura Hussey, Peter
Dunwiddie, Peter Wilson, Donald Visco, Henry Wasierski and
Daniel Kelliher. Also present were Bruce Perry,
Administrator, and Lucia Wyeth, secretary.
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~ EXECUTIVE SESSION
1. Litigation
2. Approval of Minutes April 18, 1991
B. COMMENTS AND QUESTIONS FROM PRESS AND PUBLIC
C. PUBLIC HEARINGS
1. Old North Wharf - SE48-549 - (42.3.1-225,29,30,32,33.34)*
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Mr. WIllet reads a le-tter- t6-tne Commission receIved -toaay--
from Edward Sanford and Alfred Sanford which states they wish
to wit_h_c!raw their proposal to l-ec:oAstruct the wharf and dredge
Easy Street B~sin due to the complex permit process.
Mr. Perry notes he spoke with MEPA today and they are
issuing a certificate on the draft DEIR stating that the
information it contains is inadequate.
MOTION: To accept the request to withdraw the
proposal was made and seconded.
UNANIMOUS
2. Poor - Quidnet Rd - SE48-635 (20-49,50.2,50.3; 21-58, 119)
Mr. Willet says we have received a letter requesting the
hearing be continued until June 13.
MOTION: To continue until the June 13 meeting for
additional information was made and seconded.
UNANIMOUS
Mr. Willet continues that an Enforcement Order has been
presented to Mr. Poor. Present is Mr. Poor who shows
, photographs of work in question.
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Town of Nantucket
Conservation Commission
. (508) 228-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 2, 1991 Page 2
Mr. Perry notes that in addition to work being done within
the resource area there are no siltation measures to protect
the wetlands.
Mr. Poor says the fences were moved while the area was
being brush cut. Adds it is his intent to cooperate with the
commission. Reviews the areas on the plan in question and
says he will replace the siltation fence. He submits some
photos to show the work that he has already done.
Mr. Poor says the legal opinion he has received was that
the Commission did not have that right until an order had been
issued. Continued he did not want to make an issue of it and
stated that he intended to cooperate with the Commission.
Mr. Perry notes because we have the Notices the Commission
does have the right to enter the property at any time. He
polnrs-~out tw-o areCl51:l"Icft look like wetland~ uuLtJu nuL !:>ltuw
up on the plans. He suggests that the Commission keep an eye
~_~_~hese a~eas to see what grows back.
Mr. Perry recommends the commission vote to uphold the
enforcement order as it was signed by only one commissioner.
At the next meeting if corrective measures have been made, the
Enforcement Order can be removed.
MOTION: To uphold the Enforcement Order as
recommended was made and seconded.
UNANIMOUS
3.
Poor
Quidnet Rd - SE.?t8-637 (21-122,118.1,119.1,119.2)
Mr. Willet says we have received a letter requesting the
hearing be continued until June 13.
MOTION: To continue to the June 13 meeting for
additional information was made and seconded.
UNANIMOUS
4.
Richards - 25 East Tristram Ave. - SE48-609 - (31-1)
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Town ofNant~~ket
Conservation Commission
(508) 228..7230
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 2, 1991 Page 3
Present fOI- the applicant is Mr. Shugrue who requests this
be continued until June 13. Notes the applicant is expected
to be here in a month.
MOTION: To continue the hearing at the request of the
applicant was made and seconded.
UNANIMOUS
5. Bennett - 22 Lily Street - SE48-650 -(42.4.3-91)
Mr. Perry says this was continued for a file number and
al50 a planting scheme to complete the pond.
Mr. Willet reads the planting scheme from Mr. Cronin.
Commission says they have no problem with the plan.
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Mr. Perry says he has recommended the wa 1 kway be -f2-IIf1Tgh-n
and the boards be spaced at least 3/4" apart.
MOTION: To close the hearing and draft an order is
made and seconded.
UNANIMOUS
6. Gamble - 90 Pocomo Road - (15-43)
Mr. Willet asks for a motion to continue for lack of a
file number.
Mr. Perry adds we also have requested justification for
two sets of stairs.
MOTION: To continue for additional information and a
file number was made and seconded.
UNANIMOUS
7. Burke - 37 Gardner Road - SE48-645 - (43-85)
Mr. Willet abstains from the discussion and the vote.
Present for the applicant is John Shugrue. Present for
~ the abutters is Arthur Reade and Les Smith.
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Town of Nimtucket
Conservafion Commission
(508) 228-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 2, 1991 Page 4
Mr. Perry says Mr. Burke's office called to say he was
unable to attend the meeting tonight. Mr. Shugrue adds that
Mr. Krieger also is unable to be here.
Mr. Perry continues that a decision is needed on the
definition of the coastal bank in orde~ for the applicant to
proceed with the design plans.
Mr. Wasierski reads a letter from Attorney Moretti who
represents abuttel- Crosby. . The letter states Mr. Crosby has
appurtenant rights to use the road which is proposed to be
moved. Asks that the hearin~ be continued until the
infol-mation on the road construction has been supplied and
they have a chance to review it.
Mr. Perry says he has reviewed the court cases and the DEP
draft policy and has summarized the options in a memo to the
Comml-~-sloners. I\lotes he has recei"ved' I.lte full .text oft-he
court cases and it is in the file. Says at the field
inspection there was a consensus and he would like it stated
for the recol-d.
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Dr. Dunwiddie says given this information, which includes
the most recent draft-policy from DEPwhich certainly would
clarify the issue were it an actual regulation but given the
fact it is not a regulation, he feels they are forced into a
position of using what the law reads at this time as being the
strongest ground by precedent. Does not believe there is a
choice but to call it a coastal bank at the 8' contour which
is the 100 year flood elevation.
Commission agrees they should go with the way the
regulations currently read.
Mr. Visco notes the court cases are only at the DEP level
and there are 3 higher courts still to go through.
Mr. Perry says the purpose of the cases was to provide
clarification on defining where the top of the coastal bank is
and they are useful in that regard. DEP commented that these
cases are the standards that they use to determine coastal
banks on appeal.
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Town of ,Nantucket
Conservat16nCommis~ion
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(508) 228-7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 2, 1991 Page 5
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Mr. Shugrue says he will accept the commission's decision
but says if they are going to set the flood elevation as below
their total jurisdiction then he wants to see permits on
everything at Brant Point, Washington Street, right up to the
Town Building.
Mr. Wasierski says he agrees that this will have to be
taken into consideration on most of the island.
Mr. Smith says he agrees based on the hearings the 100
year flood is the correct assumption. Notes however we are
looking at 2 types of coastal banks: a vertical buffer and
eroding coastal bank. Continues that the example used of
Brant Point doesn't confine to the 100 year flood in some
cases and in some cases is not a coastal bank. The bank
itself is the area between flat land and where the 100 year
flood line is. Also notes the Board of Health needs to look
_~t Tit l_~_ V .wi threspec t to coastal banks. Says the app I i cant
needs to show prooTof-effort - to -protec t from po llut I-On.
MOTro.N..:..~_..J..o co..nti'QJJ.e the meeting at the applica..,t's
request was made and seconded.
8. Okonak- 35-37 Rhode Island Ave. -SE48-649 (60.3.1-139-145)
Present for the app'l i cant is John Shugrue who says he has
1975 tax map aerial photographs showing the dunes in the area.
Also says he has determined the foundation "'Jill rlold a 30' to
40' b u i I ding.
Mr. Perry says he h~s reviewed all the notices on Smith's
Point and summarized his findings. Notes that most of those
approved were septic replacements; one application for an
addition was denied; one application for an .addition was
allowed but some of the original footprint was also removed.
These areas he has highlighted on a map.
Mr. Visco says this is a different situation; there i5
upland area here. The area that had the denied addition is
dunes and blowing sand.
Mr. Perry says it is a sensitive area between 2 barrier
beaches and is less than 25' from a dune and therefore may
require a waiver to add a second story. Also feels they ale
~. adding a bedroom and the septic system doesn't meet the
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Town of Nantucket
'i .,t}
Conservation Commission
(508) 228-7230
10 South Beach Street
N antueket, Massachusetts 02554
Meeting Minutes for May 2, 1991 Page 6
presumption of Title V due to the design flows of the system.
Also needs to be 4' from ground water.
Mr. Shugrue says there are currently three bedrooms though
they are not very big or very legal. The existing septic
system is a 3 bedroom system; is a trench system and is a lot
more than 4' from ground water; states it handles 3 bedrooms
and will conntinue to handle 3 bedrooms a day. Notes the use
is seasonal. The Board of Health has already signed off on
their request. Does not believe it will affect the
environment. Reviews the figures to prove that in fact the
.septic exceeds Title V and explains the reasoning. Concludes
from what they found in 1974 there is 4 1/2' to ground water
and the leaching system by today's calculations should come in
at 768 gal. a day which is within Title V and notes it was
designed to be a three bedroom system back then.
Mr. Wasierski asks .if they are staying in the same
footprint and adding the garage on-the~ther side.--
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Mr. Per~~ says they are going up closer to the dune on the
same footprint and adding the garage on the other side on the
grass area. Adds there is a lot of dune activity and it is
heading towards the house. Believes if we allow a second
story they will come back in three or four years to fix the
problem of sand up against the house. Believes a 700 square
foot addition is not warranted.
Dr. Dunwiddie says he doesn't have as much a problem with
going up as with increasing the footprint but feels that when
they do start having problems with dune changes they will make
additional requests for more remedial t~at we don't like
because we've already allowed this activity in the first
place.
Mr. Visco says he believes they know the situation with
the shifting sand and would not be likely to blame the
commission by its issuing an order for any affect of the sand
on the house. Adds we cou I d make the ordel- cond it i ona I.
Dr. Dunwiddie says it is hard to anticipate what might
happen that could be stated in a condition.
Mrs. Hussey says she has a concern with how an addition
-(X). would affect the dune.
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Town of Nantucke.f
Conservation corirrii:ission
(508) 228-'7230
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10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 2~ 1991 Page 7
Mr. Perry says an abutter called with a concern of how a
second story might affect the wind and the shifting sand.
Asks Les Smith for his opinion.
Mr. Smith says wind effects would be site specific; a
number of factors would have to be considered.
Mr. Shugrue suggests the Christmas trees have been put out
on the dunes to stabilize them.
D.. Dunwiddie responds there is a difference in intent
between the practice of placing trees on the dunes and in
building an addition; one allows the wind to pass thro~gh--the
other hopefully doesn't.
MOTION: To close the hearing and draft an order was
made and seconded.
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UNANIMOUS
* 9.
Nantucket Bank - 100 Pleasant St.
(55-145) - SE48-652
Mr. Wi lson asks " Is that a coastal bank ?? .'
Present for the applicant is Robert Emack.
Mr. Willet reads the inspection report. Notes they need
to find some way of handling the petroleum products.
Mr. Emack reviews the plans and points out gas traps are
included at the catch basins. Says it is a standard DPW catch
basin detail. Explains the principle.
Mr. Wilson asks if this works under any flow situation,
for instance in a torrential rain.
Mr. Emack says theoretically, no, but says this is not an
every day problem and we are not anticipating a great deal of
oil. Says this is a plan the Planning Board and Town
engineers had approved.
Dr. Dunwiddie asks who will be checking the traps and
cleaning out the oil.
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Town of Narltucket
ConservationCbmmission.
(508) 228-7230
10 South Beach Street
Nantucket, Massachusetts 02554
Me.ting Minutes for May 2, 1991 Page 8
Mr. E~ack says he is not sure there will be a regularly
prescribed clean up of oil with this design.
Mr. Visco says not enough oil gets into these things to
see with the naked eye.
Mr. Perry says this was required for the Commons project
and it is the same wetlands.
Mr. Visco comments that the Commission was just making it
tough and hoping he'd go away. Asphalt absorbs drips and the
oil doesn't go anywhere. Feels this is more than adequate.
You're talking about some drip that came off an automobile,
not about some Harbor Fuel truck that p~rks and spills a whole
load. How many contingencie~ can you plan for here?
Mr. Wasierski disagrees. Says it was required at the
Wauwinet. Says this is a perfect siphon unless there is a
-veHi1: that is faken--o-f'f-adi~=.dlargt=-rilll:. -----
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Mr. Visco argues who 's ch~ckiT)~ i!._~,=,<=! how many times has
it been cleaned. This measure just doesn't work.
Mr. Emack says they could look into it and add a vent if
that is a concern.
Dr. Dunwiddie says at the Wauwinet and in the Commons
project he didn't think we were throwing up smokescreens but
were making a modest attempt to prevent petroleum products
from getting into the wetlandS and thought we were using a
design that had been recommended.
Mr. Wasierski asks how much oil we are talking about; says
if changeable pads w.re used it might prevent a siphon effect.
Suggests it could be written into the order.
Mr. Perry says the amount estimated at the Commons was to
be a quart a month.
Dr. Dunwiddie says that maybe what we write up but
wouldn't something that doesn't require maintenance be
preferable to something that looks better but isn't enforced?
Mr. Wasierski says he thinks for what little oil will be
,~ collected the plan is fine.
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Town of Nantucket
Conservati8h.. .. Cbmfuission
(50s) 2284~
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 2, 1991 Page 9
Mr. Willet says we should be. consistent.
Mr. Wasierski says the outlet should go deeper into the
sump.
Mr. Wilson asks if the Finast has oil traps.
Mr. Wasierski asks what DEP requires for water run-off in
parking lots. Thinks they must have something simple,
inexpensive and a quick solution to handle a quart of oil a
month.
Dr. Dunwiddie agrees DEP must have a standard design for
this.
Mr. Emack says he will find out.
Ur. uunwIaOIe asks if waivers are needed.
Mr. perc~saYs this is not a structure and they have a 25'
undisturbed bu.ffer. Does not believe a waiver is necessary.
Notes the plan does not show either 25' or the flag locations.
Dr. Dunwiddie a~ks about grading lines.
Mr. Wasierski asks why not a retaining wall.
Mr. Emack says they will have to fill the corner of the
low area in order to raise it above ground water. The runo~f
goes to a distribution box to leach trenches.
The was discussion concerning the design and type of leach
system to be used to handle the runoff water.
MOTION: To continue for more information is made c'ld
seconded.
UNANIMOUS
* 10. Lane - West Chester St. - (41-478)
Present was the applicant, Fred Lane.
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Town qlNqn.tuck~t
Conservation . Commission
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(508) 228-7230
10 South Beach Street
Nantucket, Massaehu$etts 02554
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M~eting Minutes for May 2, 1991 Page 10
Mr. Perry says the order which allowed construction of the
house expired last October. The foundation is in and the
framing is in progress. He asked the applicant come in with a
new notice.
Mr. Willet reads the inspection report.
Mr. Lane shows original design and says he would like to
add a 10' porch on the south end. It is not closer to the
wetland but parallels it. Notes he is meeting with the
Historic District Commission shortly and would like to respond
to continue with the commission after that meeting.
Dr. Dunwiddie asks if we had any concerns with the earlier
order.
Mr. Perry says no; however the original order didn't
__.i_dent!fy c:l _ditc:h which he found on his inspection. The
applicant has requested a wa-iver-with the new notice-to allow
the covered porches. Also suggests we request a plan that
showsthe.......act.uaL_foot.p.r:..i.n.t--the existing house with th_e
proposed porch and garage.
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MOTION: To continue for additional information is
made and seconded.
UNANIMOUS
D. REGULAR MEETING
1. REQUEST FOR DETER~INATION
a. Montgomery - 33 N. Liberty St.- (41-157)
Mrs. Montgomery says they have dec ided to go ahead IrJ i th
their plan to add a second story and the addition.
Mr. Willet says in that context he believes it is the
commission's opinion that a notice is required.
MOTION: To issue a positive determination as the work
described is within the buffer zone.
UNANIMOUS
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Town of Nantucket
Conserva lion Cornmission
(508) 228-_
10 South Beach Street
Nantucket, Massachusetts 02554
Meeting Minutes for May 2, 1991 Page 11
b. Wannacomet Water - Meadow View Dr & Wamasquid PI (56)
Mr. Perry says Mr.-Worth has requested this be continued
pending abutter notification.
MOTION: To continue the hearing was made and
seconded.
UNANIMOUS
* c. Morning Glory Cafe - 14 Old South Wharf - (42.2.4-2)
Present is Thomas McCutcheon.
Mr. Perry says he visited the site and they are expanding
the patio.
Mr. Wasierski asks if it is on the inland side of the
pier.
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Mr. Perry says yes.
Commissioners agree they see no problem.
MOTION: To issue a determination subject to but will
not alter was made and accepted.
UNAN II'"lOUS
2. ORDER OF CONDITIONS
a. Greenberg - 21 E. Tristram's Ave. - SE48-557 - (31-31
Mr. Perry says we are waiting fOI~ revised plans from Mr.
Shugrue before issuing the order. Notes 30' were lost on the
new plan.
MOTION: To continue for additional information was
made and seconded.
UNANIMOUS
3. CERTIFICATE OF COMPLIANCE
a. Gillies - Wauwinet - SE48-574 - (11-7)
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Town of Nantucket
. Conservation Commission
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(508)228-7230
10 South Beach Street
N antueket, Massachusetts 02554
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Meeting Minutes for May 2, 1991 Page 12
Present for the applicant is Jeff Blackwell who presents
an as-built which includes the height of the ridge elevation.
Mr. Perry notes the ridge elevation is over 6' by an inch.
Mr. Perry says this is on the agenda as a result of a
letter we sent after they received their certificate of
occupancy from the Building Department which said they also
needed to request a certificate within 21 days from the
Commission. On inspecting the site, however, he feels it is
too soon to determine if the revegetation is adequate and
recommends waiting till later in the season to issue the
certificate. Shows pictures taken at the inspection and notes
new vegetation.
Commission discusses a motion to continue vs. a motion to
deny and since the guidelines say a certificate must be issued
in 21 days agree to deny the certificate at this time.
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Mr. Perry says he will send a letter explaining the reason
for the denial at this time.
MOTION: To deny the certificate was made and
seconded.
UNANIMOUS
4. PLANNING BOARD REFERRAL.
a. Duck Land subdivision, Gardner Rd. at Polpis Rd.
Mr. Perry says he inspected the site and has determined
lots 6 and 7 and portions of the driveway are subject to
wetlands by-law.
Commissionel-s
recommendation.
possible and that
existing wetland.
discuss and agree with Mr. Perry's
Add that the road should be as n~rrow as
the retention area should not be in an
MOTION: To provide the Planning Board with
recommendations discussed was made and seconded.
UNANIMOUS
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Town of NantUGket
ConservaUdii Commission
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(508) 228-1230
10 South Beach Street
,N antucket, Massachusetts 02554
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Meeting Minutes for May 2, 1991 Page 13
5. OTHER BUSINESS
a. First Winthrop - annual pesticide plan
Mr. Perry says we have received the new list of proposed
pesticides and notes several are mor:e low tech and have less
chemicals thi~ year. Makes one recommendation that one of the
herbtcides listed be used only outside our jurisdiction in the
area furthest away from the harbor because it is toxic to
fish.
MOTION: To accept Mr. Perry's recommendation and send
a letter to that effect was made and seconded.
UNANIMOUS
b. David Jay - SE48-593 - 26-20.3 - minor mod
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---~ - -~Jr. -Perry- ---sa-y-s -Mr-. -j"ClVTS looKing for"our-.-suppor t. to
change the width of the road from 16' to 14'.
Commisslan agrees a letter should be sent indicating
approva I.
MOTION: To approve was made and seconded.
UNANIMOUS
c. DEP Wetlands Workshop May 18
Motion: To allow the Administrator to attend the
workshop was made and seconded.
UNANIMOUS
d. Polpis Bikepath Inspection June 7
e. Town Meeting, Article 37
Mr. Perry says he meet with Lee Bourgoin and Bernie
Grossman to state his objections to the wording of the
proposed article. States Mr. Bourgoin suggested "advice ana
consideration of input by the V81-ious commissions."
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Town oJ,Nantucket
Conservation. Commission
(508) 228-7230
10 South Beach Street
N antueket, Massachus~tts 02554
Meeting Minutes.for May 2, 1991 Page 14
Mr. Perry told them that the commission would be strongly
opposed to that wording and recommended "consent" of the
commission would be more appropriate.
Commission discussed and strongly agrees with Mr. Perry's
interpretation and recommendation. Suggests Mr. Perry prepare
a letter to be sent to Mr. Bourgoin and the Board of Selectmen
stating their objection to the article as proposed.
6. CORRESPONDENCE
7. MINUTES: for April 18, 1991
MOTION: To approve the minutes as drafted was mad~
and seconded.
UNANIMOUS
8. BILLS TO BE PAr~-
9_____ EIELD INSPECTiONS - Monday, "'cay 13, 1991, !-t:OOpm
At 9:00 PM the commission was polled and agreed to go into
executive session.
At 9:10 PM the commission was polled and agreed to go back
into open session.
MOTION: To adjourn the meeting at 9:20 PM was made and
seconded.
UNANIMOUS
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