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June 1999 <br /> Page 6. <br /> Mr. Harvey advised the plan is 40 scale, the buffer is 50'. <br /> Mr. Sherman recommended negative. <br /> Public comment: None. <br /> VOTE: Motion made and seconded to find negative. Unanimous vote. <br /> NEGATIVE DETERMINATION. <br /> 7:35 RICK E. BROOKS for a Determination of Applicability on proposed <br /> removal of an existing fence and replacement with to rovers of fence at 95 <br /> Pickerel Cove Road. Arlene Wilson was present with Mr. Brooks and Atty, <br /> Sundelin. There was a cutting violation. when the previous owner put the <br /> fence in, it was in the wrong location. They want to remove this fence and <br /> put in two lines of chain link fencing. Plantings in the proposal to be <br /> discussed later. <br /> Mr. Sherman advised the Assistant Agent found evidence of otter in the area <br /> and suggested moving it up 2' and the use intermittent plantings. Also, the <br /> fence goes into the water and cannot be included under an RDA, it would <br /> have to be a positive determination. Ms Wilson stated Atty. Sundlin may <br /> want to address that. <br /> Concerning the height above grade, Ms Wilson did make a call to Natural <br /> Heritage. Her client would prefer to make the fence 1 " off grade. The beach <br /> is at the angle point on the plans and that is the historic high water mark, at <br /> the beach elevation. Based on the study by Horsley. & Witten, historic high <br /> water is at 56-1/2. she advised Mean Annual would Spring High water for a <br /> fresh water body and they are showing '. operating under Chapter 131-40,' <br /> the Annual High water is about elevation -55-12 which is below where the <br /> water level was when Doyle did his plan, <br /> Mr. Sherman asked if Ms Wilson was saying the fence does not go down <br /> .....Ms Wilson stated to the Annual Water, no. He stated it is shown going <br /> into Mashpee wkeby Pond. She stated 55 is below where the water level <br /> was, 55 was out in the water on oyle's plan. <br /> Mr. Sherman stated there is a lot of neighborhood consternation over this <br /> and care must be taken in what the Commission does. This plan does not <br /> show a definitive Mean high water, nor is it stamped. There should be <br /> caution in allowing any fence going below the upper level ofthe bank,, th <br />