8/8/1996 CONSERVATION COMMISSION Minutes

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i August 1996 Page 9. Mr. Gre—on and Mr_ Sh r e. would serve on tbis committee and. Mr. Desrosiers will Chair. Mar ou : Mr. tufo, 'a neighbor, is objecting to the project. Arlene Wilson is questioning Cape & Islands positioning of the top of the coastal bank. She is right and it had to be moved upgradie t. It cues not affect the Commission's deliberations. All resource areas have been determined. Now the reserve area would encroach. Ms Wilson has requested that the Commission reopen the hearing. The Agent dial not believe the commission was obligated to do so. Mr. Rosenberg stated the applicant could not be made to renotify and readvertise. This is a Title V case and is up to the Board of Health. Mr. Sherman stated he talked with Elias McQuaid and he does not believe anything Ms Wilson has brought up would prevent therm from issuing. Mr. Lufo asked, with the buffer area, is that required in Title V Mx. Sherman advised under the Wetlands Protection Act, the Commission has to accept the Board of Health determination as to whether it meets Title V. Mr. Lupo stated the of six variances; it is close to the Mashpee River. The wetland delineations were not correct in the first place. Nir. Sherman stated he erred but it std meets the Commission's standards. There is nothing to hang their hats on for a denial. The septic to top of bank is about 45 feet; to the wetland edge it is close to 80 feet. VOTE: Motion made and seconded to deny the request to reopen the hearing. Unanimous Vote. Nutrient Loading: The Agent suggested to re-arra the pow. Where them is a charge in the number of bedrooms and no alteration of the ground surface, they may do this as an RDA; if altering, it is a Notice of Intent. VOTE: Motion made and seconded to continue this polio. Unanimous Vote. Rivers Bill: A copy of the bill was distributed. The Agent advised it is in effect now. Jurisdiction is 200 feet from the Mean Annual High Water mark on a river.