2/15/2001 CONSERVATION COMMISSION Minutes

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4 Michael Grotse noted the septic systems are considered to be temporary until such time as all of the lots are connected to the wastewater treatment plant. Jeremy LeBoeuf commented on said lot being situated on a hill which will result in noise being forced downward- additional activities within the Market Place and Popoxessett Iran. . Sherman responded the Conservation Commission does not have jurisdiction over noise or aesthetics under the Wetlands Act or the local By-law. Mr. Sherman thea read Mr. oley' s letter into the record: "Dear Sir/Madam, the reference application does not comply with the Regulations chap. 1.72, the Town of Mashpee, specifically the project is not permissible under Regulation 16 . Regulation 16, C paragraph 2 (inaudible) a t ivit ie s may qualify for permitting. Maintenance of an existing structure is permitted under this regulation, maintenance is defined as the labor of keeping something eth,ing s buildings or equipment in the state of repair or efficiency, attachment 1 the wholesale replacement of an existing structure including floors, walls, and roof, additional footprint where none exists and significantly increasing the building footprint cannot be construed as maintenance. ' These activities are required under the state building code when the use of a structure changes. In this case the present uses are 1 lodging house and the present uses are three single-family homes, therefore these upgrades are mandatory. The applicant states that the proposed activity is the relocation and reconstruction of an existing structure. Relocating and reconstructing an existing structure are not qualifying activities under this regulation. In fact, in the case of the adjacent five lots previously developed the existing structures were simply demolished and a new structure constructed.. This constitutes new construction which i8 not permitted within fifty feet of a coastal bank, therefor the proposed project does not meet the performance standards listed in Regulation 1 paragraph 2 . " In response Mr. Sherman stated the Regulations have been misconstrued by Mr. Foley. He determined the commission does not have jurisdiction to address Building Code concerns. He further clarified there is no maintenance a language in the Application presently before the Commission. with reference to "relocation', and "reconstruction" . construction is being proposed which is an allowable activity if it meets performance standards. what is germane to the Commission is the naturally vegetative buffer strip By-law under Chapter 172, Section 11 ; ; .Said naturally vegetative buffer shall be a minimum of fifty o ft. feet .in width unless the Applicant convinces the Commission as per the provisions of Section 12 of this Chapter that the NVBS or part of it may be disturbed and/or diminished _11-