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resource area and allowed construction. The building Dept. asked for a Sign off on a demolition <br /> permit for the site which leggy refused because there was never any discussion or request by the <br /> applicant for that activity. It is being brought back to the Commission. She noted that currently <br /> demolition is an unpe 'tted activity at that site. WWch type of filing they must make is up to the <br /> Board. <br /> The Commission received a later from a resident of Harbor Ridge Drive which is made past of <br /> the record. <br /> Mr. Lowe asked for a copy of that letter which Peggy gave hien; it is a public document. <br /> Peggy presented a plan which showed the existing house as close as 20 feet to the coastal bank <br /> Mr.Norman Mayes was present representing the applicant,presented a color plan of the site. In <br /> trying to deckle what needs to be filed, he Will speak to he act,the regulations and the bylaw. <br /> Lack of request for demolition was an oversight by Mr. Hayes,he thought it was implied. <br /> Elliot explained that demolition not be g included in the notice and therefore not published is <br /> the biggest problem. The Commission cannot consider anything not in the a . <br /> Mr. Hayes argues that demolition is not an activity and therefore does not need to be filed <br /> because there is not an activity since there is no foundation. He read the description of activity: <br /> removal, fill, dredge, alter. Demolition will not change the physical characteristics of the land. <br /> Peggy said they have a letter from the excavating contractor who says work will happen as close <br /> as 25 feet from the bank and the machines reach is only 18 feet. <br /> Peggy reviewed the definition of activity; there is no separate definition under the bylaw. She <br /> also reviewed what can happen within the 50 ft buffer. <br /> Peggy said Mr. Hayes may have a case that it does not alter but the burden of proof is rigorous, <br /> especially in light of document from contractor. <br /> Mr Hayes would like to file an RDA. Can they do that? <br /> He was told to file what ever he wants and the Commission will review it,he has heard what they <br /> have said on this issue. <br /> Elliot explained to the public there will a hearing on this matter and he suggests they hold any <br /> comments until the hearing. <br /> Russell Lowe,property owner said he will do whatever is necessary to get the old building down, <br /> will accept any guidance from the commission. <br /> Elliot explained Mr. Mayes knows what is necessary and the Commission will respond to a filing. <br /> Peggy explained the abutters should be advised that an RDA does not require abutter notification. <br /> There will be a legal notice in the Mashpee Enterprise. There must be a filing before they can set <br /> hearing date <br /> A woman in the audience asked about the 7:05 Smith hearing. It was continued to Aug. . She <br /> asked why the notice of the hearing was sent so recently if it was continued; she took 3 days off <br /> from work and drive 9 Hours for this meeting. <br /> It was suggested she call the office to find out if a hearing is still scheduled. She discussed her <br /> some of her concerns with the members. <br />