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drafting, as per case law. Attorney Franklin references the signed affidavit by Mr. Sherman <br />stating that it was not Mr. Sherman’s intent, upon drafting these wetland regulations, specifically <br />Regulation 25, to include coastal wetlands subject to coastal storm flowage. He concludes that <br />since the wording in the regulation has not changed since its creation, the Commission is <br />obligated to adhere to the intention of the creator, Mr. Sherman. <br /> <br />COMMISSIONERS COMMENTS <br /> <br /> Ms. Clapprood emphasizes that according to Case Law, State Law takes precedence <br />over Town laws, bylaws, and their legislative intent. Therefore, the legislative intent of <br />Massachusetts General Law Chapter 131 Section 40 dictates that in cases of ambiguity, State <br />Law must be followed. <br /> <br />AGENT COMMENTS <br /> <br /> Mr. McManus begins by asserting the waiver under Regulation 25 is unnecessary due to <br />the physical location of the site. He argues that if the property is surrounded by wetlands, making <br />it impossible to meet setback requirements, then a waiver is self-explanatory. He then addresses <br />Mr. Cook’s comments on Regulation 25.5, pointing out that the regulation permits other walls if <br />properly designed to prevent exacerbation of erosion during storm flowage. He contends that <br />flood vents proposed in the foundation provide flood storage capacity, thus serving as walls <br />designed for flood storm events. Mr. McManus highlights existing stormwater runoff issues and <br />the project’s inclusion of catch basins leach basins, which he sees as an overall improvement. He <br />suggests discussing water issues with the applicant may be necessary. He assures there will be no <br />impact on the saltmarsh and bordering wetlands but recommends increasing the mitigation plan <br />due to the location within the velocity zone. <br /> <br />There are no public comments. <br /> <br /> Prior to a motion, Mr. Dib expresses his interest in a continuation so he may have time to <br />revise the draft with the applicant to attempt to rectify the concerns presented today. <br /> <br /> Motion made by Mr. Cook for a continuation to May 9, 2024 at 6:45 pm. <br /> Motion seconded by Ms. Godfrey. <br /> Roll Call: Ms. Thornbrugh (Yes), Ms. Clapprood (Yes), Ms. Godfrey <br />(Yes), Mr. Cook (Yes), Mr. Colombo (Yes) <br /> <br />The motion passes unanimously. <br />6:39 <br />NOI 43-3268 <br /> 14 Capstan Cir, Robert P. McDonald, Jr. & Tracy A. McDonald. Proposed <br />razed and replace of single family dwelling, associated appurtenances, new title V septic system, <br />landscaping, utilities and other associated work. Rep: Cape & Islands Engineering, Inc. (Cont. <br />2/15/24, 3/21/24) <br /> <br />5 <br /> <br /> <br />