12/16/1999 CONSERVATION COMMISSION Minutes

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-Chnter 2 Storm Emergency a cae Guidance Dogu 1 including wood, plaster, foundation materials, cars, boats, refuse, and plant or animal matter which does not require filling, dredging or excavating a resource area to permit removal or access by heavy equipment. Debris may not be disposed of within or within 100 Feet of (200 feet of for the Riverftont Area) any resource area. where the work is limited to the(legal) footprint of the structure which existed on the day before the storm event for which D.E.P. issued the applicable storm emergency regulations, and where the damage is less than 50 percent of the pre-storm market value of the structure, as long as the repair meets all applicable requirements of the munici- pality's uni i- palit 's flood plain management ordinance adopted in accordance with the Federal Emergency Management Agency's National Flood Insurance Program Minimum Requirements. Repairs made under the Federal Emergency Management Agency Housing regulations a program to make homes habitable after disasters) are included under this subparagraph. kepair shall not be allowed under this subparagraph if the effects of the storm damaged a septic system or a well serving the building. Structures that have been displaced from heir foundations are presumed to be greater than 50 percent damaged; this presumption may be overcome upon a clear shoving (approved by the 1 lashpee Building Department) that the structure is less than 50 percent da- maged. 1f the Conservation Commission determines that any repair authorized under this sub- section would cause alteration of a resource area, an Storm Emergency Certificate or a Notice of Intent may be required. 3 provided, however, that debris may not be disposed of within or within 100 feet of (200 feet of for such debris#is placed within any resource areas as cited in Chapter 172, section 2. 4 provided, however, that no coastal bank, coastal dune or saltmarsh is altered. when such structures were previously licensed under M.G.L. Chapter 91 (where applicable) and permitted under M.G.L. Chapter 13 1, s. 40 and Chapter 172 of the Mashpee Code (where applicable), and provided that no coastal bank or coastal dune is destabilized, nor saltmarsh altered. provided, however, that no sand shall be placed in vegetated resource areas, shellfish beds and/or saltmarsh. ' but only to the extent that such work is necessary to prevent imm' gent harm to the structure, where the damage is greater than 50 percent of the pre-storm market value of f the structure and when clone in accordance with Mashpce Building directives. Complete