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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- . 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 Reg 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 a separate narrative. Mr. Cool 'ha 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 net necessary <br /> since there have been letters submitted from the Division of Fisheries and Wildlife and the Audubon <br /> Society. Mr. Wall states that hp ers by law requires an evaluation; Regulation 20 states that if an <br /> application proposes alterations of 30f 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 Ma hpee'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 nt meet the prformance 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: J Catharine & Brown Ling mfeiter ' ` 43- 7 '`' sec nsett Point Road) construct a detached <br /> boathouse with two bedrooms rn bov , a small addition & porch on existing dwelling. Also <br /> proposed is a Title 5 septic system to replace two cesspools - NI <br /> Resource Area: Buffer Zone to Coastal BankILSCSFILand Under Ocean <br /> Material submitted: Proposed site Flag 618112 Cape & Islands Engineering/Mitigation Planting <br /> Landscape Plan 413112 Barnstable Land Design <br /> [31-15] ,hack Vaccaro from Vaccaro Environmental is presenting for the home owner rid 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 fiat 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 /> accaro 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 /> Waqu it Bay and a salt marsh on the other side. It is not possible to construct the additions and <br /> boathouse to be more than o' from the wetlands; either the coastal bank or the salt marsh. Mr. Vaccaro <br /> felt that it would better to provide the g' 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 />