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not have done the work without a permit, his work meets the performance standards of <br /> the By-law and he sees no reason for not approving it. <br /> Michael said we know this is a sensitive area, there are a number of resource areas in <br /> proximity to this location, this plan shows no resource boundaries, all this is predicated <br /> on the assertion that this is land subject to coastal storm flowage, and he notices a <br /> large amount of deposited sand in that area which indicates to him a dune. <br /> Bob disagreed. He doesn't think it's a dune at all. He said It's been an existing lawn in <br /> an area of rosa rugosa for the past 13 years he's been here. It's not an elevated land <br /> form, not wind deposit of sand. <br /> Michael repeated that there are other resource areas not noted on the plan, so there's <br /> no way for them to make any kind of determination. <br /> Mr. Blythe said he's owned the house since 1982 and he has not added stone to the <br /> property. Bob said he has no way of knowing if there have been any rocks added, but <br /> even if there were new rocks added, he still thinks it's permittable because it meets our <br /> performance standards. <br /> Jeff Arnold, 19 Bluff Avenue, said he's lived here since 1971. He's read Chapter 131- <br /> 40, and he does not believe that the Commission has the authority to tell Mr. Blythe <br /> that he can move those stones closer together. Access to the Spit has never been <br /> denied for 50 years. Sand and shells have now been added to deny access. He said a <br /> right-of-way becomes an easement after 20 years and referred to MGO 187, paragraph <br /> 2. <br /> Bob said the applicant has the right to move the rocks if they meet the performance of <br /> the Wetlands Protection Act, of which there aren't any for this area, or if they meet the <br /> performance standard of the By-law, which he believes they do. <br /> Elliot said we cannot take into consideration Mr. Arnold's claim of an easement unless <br /> a court has determined that there is such an easement. <br /> Bob Wooldridge, 81 Meadowbrook Road, said he has live here since the 1940's and <br /> the Commission has an obligation to stand up for the rights of the people of Mashpee, <br /> particularly the seniors. Jack said unfortunately we have to follow the law. <br /> Bob said we have established time and time again in consultations with Town Counsel <br /> that our decisions have nothing to do with public access rights or property rights. <br /> Nancy Caffyn, 218 Wading Place Road, said that on August 27, 2001, this Commission <br /> cited Fred Blythe for the removal of vegetation, which would affect coastal storm <br /> flowage. She hasn't seen that anything has happened and she wonders why. What <br /> . they see is Mr. Blythe consistently taking action ahead of Conservation input or <br /> r <br />