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because of the explicitly of the owners at the hearing. He said there are no outstanding water <br />resource restrictions. He suggested having the Commissioners draft a letter stating this condition <br />no longer applies. Mr. McKay wanted to make sure the letter included no scouring of the bottom. <br />The Agent said there is boiler plate language that the Commission reserve the right to acquire <br />additional measures to protect the resources areas subject to the wetlands protection act, Chapter <br />131, Section 40 or the Mashpee Code Chapter 172. There was no such restriction on any of the <br />other properties. <br /> <br />The Agent reiterated the permit cannot be amended because it has been recorded and closed out. <br />He felt some sort of documentation from the conservation department authorizing relief of this <br />condition based on a vote at a public meeting should suffice. The Agent said he will contact town <br />counsel and get their advice. <br /> <br />No Comment from the public <br /> <br />Motion: Mr. Sweet moved to write a letter for the file for the Registry of Deeds which will say <br />that condition 37 of this order of conditions is moot. <br /> <br />HEARINGS: <br /> <br />6:00 Joseph N. Napoli, 204 Captains Row. Proposed septic system upgrade RDA <br /> <br />The applicant requested this be tabled to after the 6:18 hearing <br /> <br />6:03 Robert B. Kelly, 59 Monahansett Road. Proposed septic system upgrade and shed <br />removal RDA <br /> <br />Resource Area:LSCSF, Buffer Zone to BVW, Dean’s Pond <br /> <br />Sam from JC Engineering represented the applicant. He explained the project involves the <br />upgrade of an existing septic system along with associated site work within 100’ of a bordering <br />vegetative wetland. The existing cesspool and pit will be filled in and abandoned and a title 5 <br />system will be installed with septic tank, pump chamber distribution box leaching chambers with <br />crushed stone. The Agent stated under the Board of Health comments, there were no plans <br />submitted. The representative stated the plans were filed today. The Agent reviewed the photos <br />and noted the cesspools will be covered with a lawn area and the application also includes the <br />removal of a shed. He noted the areas of the project on photos provided and recommended a <br />Negative Determination. <br /> <br />No comment from the public <br /> <br />Motion: Mr. Sweet moved a Negative Determination, seconded by Mr. Smith. Vote <br />unanimous 4-0 <br /> <br /> <br />6:06 Marlene Susienka, 83 Whippoorwill Circle. Permit existing float and piles. RDA <br /> <br />Resource Area: LSCSF, BVW, Salt Marsh, Land Under Ocean <br /> <br /> <br />