12/16/1999 CONSERVATION COMMISSION Minutes

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restoration will require filing of a Notice ofIntent pursuit to 3 10 CMR 10.05(4). Structures that have been displaced from their foundations are presumed to he greater than 50 percent damaged. This presumption may be overcome upon a clear showing (approved by the Mashpee Building epa tmentthat the structure as less thano percent damaged. The filing of a Notice of Intent is required unless the presumption is overcome. when said structures are properly licensed under M.G.L. Chapter 91 There applica- ble), ppli a- ble , permitted under M.G.L. Chapter 13 1, s. 40 anchor Chapter 172 of the Mashpee Code (whichever is applicable), unless the Conservation Conunission finds that it is contrary to the interests (wetland values) of Chapter 172 of the Mashpee Code. Upon such a finding, the Conservation Commission may require the filing of a Notice o Intent. For the purposes of this subparagraph, "minor repair" shall be considered to be repair of groin,jetty, or breakwater that is ten percent or less destroyed. Both temp- orary rid permanent minor repairs are allowed under this subparagraph. 9 when said structures are properly licensed under M.G.L. Chapter 91, permitted under M.G.L. Chapter 13 1, s. 40 and/or Chapter 172 of the Mashpee Code, whichever is applicable. Determinations of the percentage of destruction, by the Commission or its agents, shall be based upon review of legal plans of record. 10 dredging may be done to return channels to the condition which existed on the day before the storm event for which D.E.P. issued the applicable storm emergency regulations. Such determinations, by the Commission or its agents, shall be based upon the availability of surveyed plans and/or the recommendations of the Harbormaster. but not the expansion or realignment of any roadway, bridge, causeway or railway. No new coastal engineering structures shall be created as part of this work. Such determinations, by the Commission or its agents, shall be based upon the availability of engineered plans of record and/or the recommendations of the Mashpee Health Department.