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MASHPEE CONSERVATION COMMISSION <br /> Minutes of 6 November 1997 <br /> Commissioners present: John Fitzsimmons, Elliot Rosenberg, David <br /> Sharpe, Karry Desrosiers, Ralph Shaw, John <br /> Johansen, Greg When, <br /> The Chairman called the meeting to order at 6:55 p.m. <br /> 6:55 PUBLIC COMMENT PERIOD: Norman Mayes came before the Board <br /> representing the DPW, Harbormaster and perhaps the town on the wading <br /> Place walkover structure. <br /> profile was done to show the exact location of the stairs. The V zone is just <br /> over the top of the coastal bank at the position where the structure begins. <br /> tions: If stairs are considered an engineering He listed the p g structure, it falls <br /> under the jurisdiction of the coastal banks and may need to be forwarded to <br /> DEP for review; if the Commission feels it may not be a structure, it can be <br /> approved and let the appeal process dictate; and thirdly, a waiver of the regs <br /> can be requested through the Secretary to aRow for this structure to stand. <br /> 1r. Sherman stated it would not be appropriate for this Board to make the <br /> request. <br /> Mr. Mayes stated since this is on the Commonwealth of Massachusetts' <br /> property, and since the Conservation Commission is in the middle of it, he <br /> felt it would be ase to approve, disapprove, or forward to DEP. <br /> Mr. I esrosiers asked what would make it legal? Aft. Sherman stated it is an <br /> eroding coastal bank, with no house on it prior to 1978, so nothing is supposed <br /> to be put on an eroding coastal bank. IEP and the Commission have never <br /> considered stairs to interfere with that process, but there is no way that <br /> structure can be considered legal. DEP gave an Emergency Certificate to <br /> replace sand after a storm but they proceeded to armor it and place stone and <br /> an elaborate stone patio at the bottom which is not legal.. <br /> Mr. Fitzsimmons asked if his interpretation is correct, that in order to make <br /> this structure legal, because it was approved, they would have to change the <br /> manner in which it is supported, perhaps remove the armoring? <br /> Mr. Sherman stated they can remove the armoring and cribbing, the wall taut <br /> into the edge of the bark. It is not easy to do and the IW feels strongly that <br /> they were just trying to do the right thing, and they were, but he sloes not feel <br /> the Commission hays any latitude in the matter. <br />