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Jack said that some of these people do not live in this area and are not abutters, but if there are 10 <br /> people who are willing to sign and send in letters considering an application, we are allowed to <br /> accept them, and there are more than 10 in this case. Steve said he could debunk every <br /> opposition point in every letter. He thinks it's arbitrary and capricious as to where the letters are <br /> coming from. One writer referred to the road and said in parenthesis"Sherwood Drive, I think <br /> that's the name of the road." <br /> Steve said: <br /> a) The only coastal dune that comes into play in this project is on the backside of the house that <br /> is being enhanced. The one up front is not a coastal dune-it's a coastal bank by definition <br /> because it has a 10 to 1 slope or less within a flood zone. Coastal banks are integral or the <br /> following: "If the seaward base or site of any elevated land other than a coastal dune which rises <br /> at the landward end of a coastal beach, land subject to title action or other wetland..." is the <br /> definition, and it obviously fits within that definition. <br /> b) The performance standards state, "You shall not destabilize that bank, you should not <br /> interfere with any sediment transport that is happening." Steve said that there's no sediment <br /> transport coming from this bank, because it's simply a bank by definition. <br /> c) There are obviously no bulkhead, revetments, sea wall structures, groins, or other coastal <br /> engineering structures. <br /> d)There are no shellfish there. It would be tough to prove that putting a carriage house at the top <br /> of the bank and putting in all kinds of plantings to stabilize that bank would have any affect on <br /> shellfish. <br /> e)He firmly believes that the construction would be done with no destabilization of the bank. <br /> Then the bank will be mitigated for and stabilized—it's already pretty stable. We had a project <br /> that we approved earlier tonight that is going to address any other erosion problems on the entire <br /> expanse of the bank. So destabilization is not a factor, we're not going to get any erosion or <br /> runoff that's going to impact any invertebrate or vertebrate species. <br /> f)Re the By-law, when it comes to the State Act, he and Mr, Slavinsky talked to people in DEP, <br /> and they have allowed houses to be built on coastal banks—we've seen it here in Mashpee. <br /> g)In the local By-law we have this wonderfid mitigation regulation that allows for projects that <br /> don't necessarily fit the need of the requirement. However, when the need of the requirement is <br /> not met, what the Commission has been doing mostly under his tenure has been that when <br /> there's overwhelming mitigation provided—and we're talking about an area behind the house <br /> that has obviously been used for something that should not have been, it was used as a staging <br /> area for a house constructed on the bluff. He and Bob had wondered why it was struggling and <br /> not like any coastal dune beside it or down the stretch, or down by Mr. English's property, or the <br /> old Garguila residence, etc. So the absolute enhancement of that coastal dune behind that house <br /> is a definite plus. We needed to have 3,230 sq. ft. of mitigation provided, and 4,050 is provided. <br /> He's sure the pine tree issue can be addressed by replacing them, but as far as he's concerned, <br /> planting pine trees in an area where the utility company is going to come through and just cut <br /> them out in a couple of years anyway is worthless. He'd rather put in shrubs and other plants <br /> that are going to be low-growing, that aren't going to interfere with any utility lines. <br /> 4 <br />