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Steve said he talked to Chapter 91 today, and there is zero percent chance that they would issue <br /> permit for anything below mean-high water. Therefore, as proposed now, there"is no way that <br /> this project meets the performance standards. Regulation 14 of the MashpeeBy-laws adopted on <br /> 2/16/06 says there must not be any adverse effect whether it's"cumulative, short terms., or critical <br /> characteristics.'}Basically, critical characteristics go back to a determination that was made in <br /> 1979 by John Buick, Secretary of Environmental Affairs at that time. Steve also talked to ACEC <br /> and they would not want a structure below the salt marsh, where the ACC line is in this case. <br /> Simply put,this NOI which was fled in March '06 doesn't meet the performance standards of <br /> the Mate regulations and Mahpee's regulation 14 adopted in February '06., <br /> Mr. Slavinsky said he seat the plan to ACEC and they never seat hirn any comments. He said <br /> they didn't change the definition of the ACEC line, they changed the map,which now shows <br /> more det .il than the previous one. <br /> Steve said if Mr. Slavinsky draws back 36 ft.from the mean high water, that takes Chapter 91 out <br /> of the equation. His understanding is even if this project makes it through us, they" have to g <br /> through another whole process where all the other agencies will get involved in it. <br /> Mr. Slavinsky said he had another case where water was on both sides of the bulkhead, and the <br /> determination was to cut some Boles in the bulkhead. They had said it was going to be an <br /> mpossibility. <br /> Steve said as proposed right now, the project is not approvable. He would feel hard pressed for <br /> this commission to deny the project because he thinks DEP would be inclined to issue <br /> superseding order and kick it up to MEPA to address. People have been walking through salt <br /> marshes for hundreds of years, but now the regulations say that nothing is to be done in this area. <br /> Kat wood, an abutter, expressed concern that Mr. Stow has two ski Moos and a urge boat <br /> � p <br /> that he might tie to the walkway. Steve said we would not allow that, and he was sure that Perry <br /> his would not allow it. Albert Laughton, another abutter, said Mr. Stow now has a boat on his <br /> marsh which is secured to his [b4r. Laughton's] property fine mark. Steve said he wHl go to the <br /> site the following day to take photos and issue an enforcement order. <br /> Motion made, seconded and unanimously carried to grant a continuance to June 22nd at 7:05 <br /> P.M,, at the request of the applicant. <br /> 7:05 p.m.,John and Marta Rousou, 90 Summersea Toad (demolish and rebuild new single <br /> fan*hone with associated appurtenances). Jack Vaccaro and Jennifer ala represented the <br /> applicant. Mr. Vaccaro described the project. Steve said this lot is tight and we will have to <br /> watch the silt fences and hay bale lines very closer to rake sure they are constantly maintained <br /> and there are not any erosion problems. He suggested a double hay bale.line. other than that,'it <br /> meets the performance standards in that they have given as much mitigation as we need to meet <br /> the numbers for the mitigation requirement, so he recommended approval. Ms. M lila described <br /> the plant selection, which Steve strongly approved. <br /> Motion made, seconded and unanimously carried to approve this NOS. <br /> r <br />