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I IASHPEE CONSERVATION COMMISSION <br /> Minutes of August 7, 2003 <br /> Public Hearing <br /> Mashpee Town Hall Meeting Room 3 <br /> i <br /> Commissioners present: ,hack Fitzsimmons, Elliot Rosenberg, Cass costa, Leonard <br /> Pinaud, Ralph Shaw and Michael Talbot. <br /> Staff present: Robert Sherman, Agent; Frances wise, Board secretary <br /> Jack Fitzsimmons, chairman, called the meeting to order at 6:55 p.m. <br /> Public Hearing: <br /> 1. Bill Zam er, 10 Beach Road, Popponesset, said he built a 12 ft. gazebo <br /> cantilevered onto his existing deck but did not get a permit for it because he didn't <br /> realize it was on a dune. The gazebo does not touch the vegetation and is over 4 ft. <br /> i <br /> above the area. <br /> Bob said the old plan was in error, but is not relevant because it has expired. In his <br /> opinion, it is a dune. If Mr. Zammer wants to put the majority of the structure upon his <br /> existing deck and modify his existing deck to accommodate this, we could entertain that <br /> as a filing, but it would have to be determined that the changing of the deck would not <br /> effect the dune and would have to meet the performance standards. Bob suggested. <br /> that-Mr. Zammer do a-draft plan for another-methodology and shover-it-to Bob before <br /> filing for a permit. He has to make sure the cantilevering doesn't create more shadow <br /> on the dune and compromise dune vegetation. <br /> 2. Nancy Caffyn, 218 Wading Place Road, representing Concerned Citizens in <br /> opponesset Area, presented a memorandum orandum to the Commission regarding activities <br /> on 228 Wading Place Road by Frederick Blythe, owner. The memo cites construction <br /> of a stone wa11, cutting vAthin the 100 ft. buffer zone, concern about the type of septic <br /> system installed and its location, whether house is classified as two or three-bedrooms, <br /> and covering a black top road which went out to the spit with 3-4" of sand, to disabled <br /> people no longer have this access to the spit. <br /> Bob said Mr. Blythe has been cited by this Commission for building the wall <br /> because it constitutes fill: which is illegal without an application, so he will have to file <br /> for that. If the wall is in violation, he will have to remove it. However, our jurisdiction <br /> does not include the issue of public access. The Board of Health granted hire an <br /> emergency certificate for the septic system, but under our by-law we can require him to <br /> file subsequently with us. <br /> i <br />