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5 <br /> decking that is over the salt 'Harsh. The scope of the project includes replacing 4x4 posts <br /> and raising the decking over the salt 'Harsh., <br /> The Agent started the Harbormaster and Shellfish Agent have both signed off. He said the <br /> project is to reinforce the existing dock and upgrading according to Array Corps standards. <br /> It does meet the performance and design standards under regulation 27 and <br /> recommended a negative determination. <br /> No comments from the public. <br /> Motion: Mr. Sweet roved a negative determination, seconded by Mr. sham'. Vote <br /> unanimous - <br /> :18 Bayswater seaside 11 LLC, 66 Coastline Drive. Proposed construction of single <br /> family dwelling, swimming pool and landscaping. Continued from 10/23/2014. <br /> i <br /> Resource Area: Buffer Zone to Coastal BankiLSCSF/Coastal Beach <br /> Mr. John Bosworth, Attorney, was representing the applicant. He started the <br /> commissioners have received a submittal of a supplemental narrative that the <br /> commissioners requested which includes the information regarding the various waiver <br /> requirements. He summarized the encroachment will not cause herrn to the bank. The <br /> issue of stabilization is related to the front of the bank and the issue of the vegetated <br /> buffer on top of the bank is before yrs tonight. The area is bare sand and what is being <br /> proposed will be a setback of about 32 feet that will be planted with beach grass and <br /> maintained for at lust 3 years. They have included the calculations required under the <br /> mitigation requirements for the amount of mitigation based on the amount of <br /> encroachment to the buffer. He said the commissioners had also requested examples of <br /> prig projects approved. He referred to two projects on Ocean Bluff Drive. <br /> The Agent commented on the Ocean Bluff property than it was h rds aping in the area <br /> and they swapped out a small area of lawn so there wasn't any .encroachment closer to <br /> the bank that was already existing. He referred to Atty. Fogel's response to the waiver <br /> request. The Agent said Atty Fogel believes a,50 ft. buffy strip should be maintained and <br /> doesn't feel it will restrict the buildability of the lot. The letter also referred to the <br /> compelling need section in the narrative and stated he didn't see any logic to than whole <br /> section and didn't see any demonstration of compelling need. There is an opportunity t <br /> have a continuous 50 foot setback of a buffer zone where a house and patio and pool can <br /> still be accommodated while getting a buffer zone because it does state in our waiver <br /> requirements that a minimum f a 50 ft buffer strip should be maintained. There are other' <br /> issues brought up by abutters with photographic evidence which shows there was a pretty <br /> substantial vegetated area and showed photos of the area with the most recent being <br /> 2007. <br /> Atty. Bosworth noted they did not receive the letter from Mr. Fogel and, therefore, cannot <br /> respond. <br /> The Agent stated the compelling need has not been demonstrated. He suggested the <br /> commissioners either deny the application or grant a continuance. <br /> s <br />