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Wetlands Protection Act, four years ago certainly no Iashpee Wetlands By-lav, and things
<br /> were perm ted that would never be permitted today. We are talking about today's standards
<br /> and particularly l lashpee's Wetlands By-law, Chapter 172, which was one of the first in the
<br /> Mate and a model for the community that has been used on scientific knowledge--it wasn't
<br /> just arbitrarily developed. He quoted from Regulation 16 describing coastal banks as follows:
<br /> Critical Characteristics and Presumptions of Significance. The critical characteristics
<br /> and presumptions of significance of coastal banks under the llashpee Wetlands
<br /> Protection Bir-law is the same as expressed under the Wetlands Protection Act with the
<br /> exception of the following paragraph.
<br /> Whenever any porfion of a coastal bank is vegetated, such portion's topography, plant
<br /> comrn n4, composition, structure, soil char cater i tic provide important food, shelter,
<br /> migratory areas of breeding, nesting and brood bearing for wildlife, especially birds and
<br /> animals.
<br /> He said because of this and the role that vegetated portions of a coastal bank have as wildlife
<br /> habitat, they are important to recreation,, which is one of the interests of the Mashpee By-law.
<br /> He pointed this out because the Superior Court has certified him as an Expert of Conservation
<br /> and it his belief that while it night not be a magnificent wildlife habitat, here clearly is some
<br /> wildlife habitat value there. Under the performance standards, the physical characteristics and
<br /> locaboh of coastal banks are cdtical-to the protection of wetland values. He quoted further from
<br /> Regulation 1
<br /> Activities which will result in the building within or upon, removing, filling and/or altering
<br /> s defined in Sermon 172.9 the coastal bank within 50 feet of said bank may be
<br /> permitted if,necessary for access to beach and water, including visual access, the
<br /> maintenance of an already existing and lawful structure [which it is not]., construction of
<br /> an elevated walkway, crista pruning, and any other activity on a single block which alters
<br /> up top % of the bank's square footage or 100 sq. ft., whichever is less, it the applicant
<br /> has demonstrated to the satisfaction of the Commission that such alteration will not have
<br /> adverse effects. [This is way beyond that.] Any proposed work proposed by the
<br /> Commission on a coastal bank within 100 ft. of such bank other than as provisioned
<br /> above small not destroy any portions of the existing bank, nor shall the work impair the
<br /> banks to perforin any of the functions expressed in the Critical Characteristics and
<br /> Presumptions of Significance,
<br /> He said the fact is that the actual construction of this house is on the bank Itself— ,maybe not
<br /> the septic system, but he would have to have,more time to look into that. The preponderance of
<br /> this project is directly on the bank. It will involve digging, filling, removal of vegetation, altering
<br /> soil characteristics and all the other characteristics that Mashpee has ,Wade an effort to protect
<br /> what we call the coastal bank because of their importance. So, when you look at Chapter 172,
<br /> 781, you're talking about lands vVithin 100 ft. of spec resource areas that are presumed
<br /> important for the protection of these resources because these activities undertaken in close
<br /> proximity to wetlands, riven, streams, lakes, ponds, creeks,-etc. as a consequence of
<br /> construction,, or over time as a consequence of daily operation or existence of activities, these
<br /> and other impacts of construction and use include without limitation erosion, loss of ground
<br /> water recharge, or clearly in this rase, poor water quality and loss of wildlife habitat.
<br /> He said the fact i's that he has never seen this Commission carne to a conclusion where it's
<br /> going to say coastal banks don't really count–vire can do anything we want with them. We can
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