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Chairman Fitzsimmons opens questions to the audience but states that it is the Commission's intention to <br /> move this application up or down tonight. The Chairman states that if the decision is to approve the <br /> application then the technical features only will be incorporated into the Order of Conditions. <br /> Agent McManus would like to respond to one item that was brought to attention in a letter to the <br /> Commission; Mr. Wall cited a regulation under Mashpee's Chapter 172—Structures & Plan requirements, <br /> Regulation 3— Part A-6. Mr. Wall states that Mr. Cook does not show the layout, spacing and sizing of <br /> the proposed aquaculture gear on the plans submitted with the Notice of Intent. Agent McManus states <br /> that Regulation 3 —Part A-6 Section D says that the Concom reserves the right to require other features <br /> and information shown on the plan or included as a separate narrative. Mr. Cook has included those <br /> details in his narrative. <br /> Chairman Fitzsimmons states that they have received a letter from Mr. Zammito who is concerned about <br /> ice flow in the winter which was already discussed. The Chairman says,that they have taken it under <br /> advisement and will review it in the Order of Conditions. <br /> Attorney Brian Wall discussed one item regarding the compliance to the regulations. Mr. Wall states that <br /> the first location proposal was not in rare endangered species habitat but this location is. Mr. Wall had <br /> suggested in their first materials submitted that there be a wildlife habitat evaluation performed but it did <br /> not gain any attraction from the Commission. Chairman Fitzsimmons states that it was not necessary <br /> since there have been letters submitted from the Division of Fisheries and Wildlife and the Audubon <br /> Society. Mr. Wall states that Mashpee's by law requires an evaluation; Regulation 20 states that if an <br /> application proposes alterations of 300sf or more of flat or land under the ocean than a wildlife habitat <br /> evaluation is required. Agent McManus says that it depends on the interpretation of 300sf of alterations <br /> as the only alterations will be the areas where the anchoring devices will be attached to land and that <br /> total area combined does not exceed 300sf. Mr. Wall also cites Regulation 23 where Mashpee's bylaw <br /> has made significant protections for rare species habitat and presents a presumption that any person <br /> disturbing soil in rare species habitat presumptively does not meet the performance standards. Mr. Wall <br /> states that that the applicant is required to submit compelling evidence to overcome that presumption. <br /> Chairman Fitzsimmons asks if there are any other comments from the public. <br /> Motion made, seconded and unanimously carried to Close and Issue <br /> 7:12 Katharine & Brown Lingamfelter "`043.2697" (65 Seconsett Point Road) Construct a detached <br /> boathouse with two bedrooms above, a small addition & porch on existing dwelling. Also <br /> proposed is a Title 5 septic system to replace two cesspools- NQ[ <br /> Resource Area:Buffer Zone to Coastal Bank/LSCSF/Land Under Ocean <br /> Material submitted: Proposed Site Plan 6/8p <br /> 112 Cape & Islands Engineering/Mitigation Planting& <br /> Landscape Plan 4/3/12 Barnstable Land Design <br /> 131 :151 Jack Vaccaro from Vaccaro Environmental is presenting for the home owner and explains that the <br /> existing structures on the property consist of the dwelling, detached garage and a detached shed. They <br /> have submitted a proposal for three areas of home improvement;the first one is a boathouse designed to <br /> house three boats with two bedrooms above; the second is to maintain the existing cottage with a <br /> proposed porch and an addition. The last element is a Title 5 Septic upgrade which will replace two <br /> existing cesspools with a mounded system that will have an innovative alternative treatment. Mr. <br /> Vaccaro states that this is a very advanced system which will provide extraordinary reduction of nitrogen <br /> and phosphorous. Mr. Vaccaro explains that the challenge of this project is the fact that it is very close to <br /> Waquoit Bay and a salt marsh on the other side. It is not possible to construct the additions and <br /> boathouse to be more than 50' from the wetlands; either the coastal bank or the salt marsh. Mr. Vaccaro <br /> felt that it would better to provide the 50' setback from the salt marsh as opposed to the coastal bank. <br /> They are therefore proposing a structure that is approximately 30' back from the vinyl bulkhead. Mr. <br /> 5 <br />