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Regulation shall be those periods and specifically identified <br /> geographic locations determined to be theadvisory' or more <br /> severe drought level by the Massachusetts Department of <br /> Environmental management. " <br /> She stated said stream is identified on the U.S. Topographic <br /> map as "perennial" , Mashpee outwash 7 r more stratified drift, <br /> and a water shed of more than one square mile. These conditions <br /> meet major criteria under the Riverfront Area Definition as a <br /> riverfront. Chapter 172 Regulation 33 also applies . The project <br /> does not meet performance standards for the Riverfront Area, <br /> wetlands Protection Act, Town By-law and regulations for rare <br /> species. <br /> Ms. Boretos recommended Applicant withdraw, or that the <br /> matter be denied. <br /> Ms. Wilson argued observations were rade prior to the. <br /> enactment ent of the -Emergency Regulations. <br /> Ms. Boretos made reference to DEP file letter, Southeast <br /> Regional office, which explains definition of a river and place <br /> the burden of proof upon the party making the assertion that it <br /> is intermittent. She also mentioned this property is located <br /> within vernal pool habitat. <br /> There being no further Commission or public comment, the <br /> Chairman entertained a motion. <br /> MOTION-- John Johansen rade a motion to Deny; which Motion <br /> was seconded by Michael Talbot. The Motion carried. <br /> voting in Favor: John Fitzsimmons, John Johansen, Carole <br /> Moore, Leonard Pinaud, Ralph Shaw, and Michael Talbot. <br /> Abstaining: Elliot Rosenberg. <br /> 7: 10 James hal ek, to amend the order of Conditions for <br /> E 3-2087 for the installation of a 41 wade path and shift the <br /> proposed pool slight.y at a new angle at 109 Bopponeet Island <br /> Road, Assessors map i12, Block 28 . <br /> Mr. Sherman explained this to be a lard locked lot, minor <br /> changes, and recommended approval. . <br /> The Chairman recognized Brian Casey, Casey Tree, who <br /> requested another change, a walkway access to the water. <br /> Ownership/property rights were questioned (New Seabur . <br /> The Commission determined they could not entertain this portion <br /> of the request. <br /> There being no Commission or public comment regarding the <br /> -3- <br />