2/16/2006 CONSERVATION COMMISSION Minutes

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any other activity on a single lot) which alters t % of the bank (square footage) or 100 square feet whichever is less) if the applicant has demonstrated to the satisfaction of the i Commission that such alteration will not have any adverse effects erosio. andthe i creation of channelized sedimentation) on the wetland lu expressed ire 172-2 of th Bylaw. i Any-proposed work permitted by the Commission on a coastal bank or within 100 feet of such bank, other than as permitted above, shall not destroy any portions of the existing bank, nor shall the work impair the bank's ability to perform any of the functions expressed in the CRITICAL CHARACTERISTICS AND PRESUMPTIONS OF SIGNEFICANCE as expressed in part B above. Pursuant to the above, the Commission may, at its discretion, require, as per the guidelines adopted b the Commission for M.G.L. Ch 44, s, 3G, require any applicant proposing work on a coastal bank, an analysis o fthe specific proposal vis- -vis any or all of theissues cited in pert B above. No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on or within 100 feet of a coastal bark, except that such a coastal engineered structure shall be permitted when required to prevent,storm damage to buildings constructed prior to August 10, 1978 or constructed pursuant to a Notice of Intent (issued under MGI 13 1, section filed prion to August 10, 1978, including reconstruction of such buildings subsequent to the effective date of these regulations,provided that the following requirements are met: a coastal engineering structure or modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action., and - the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. - protective planting designed to reduce erosion maybe pernnitted. the applicant provides sufficient evidence that the building was constructedp rsu nt to a Notice of Intent filed before August 10, 1978. Any project o n a Coastal Bank or within 100 feet o f the top o f a coastal bark, other than a structure penr tt d under 3104CMR 10.24 (7)(a)-., shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action o flooding, and shall not have an adverse effect on the stability of a coastal bark. The Order of Conditions and the Certificate of Comp11ance f'or any project within 100 feet ofthe top o a coastal bank permitted by the Commission under this Bylaw shall contain this specific condition: "S c ion....of the Wetlands Regulations prorriulgated Under the Mashpee Wetlands Protection Bylaw (Chapter 172 of the Mashpee Code) requires that no coastal engineering structure, such as bulkhead, revetment, groin or seawall shall be permitted at any time in the future to protect the project allowed by this permit". -38-