Notice of Intent under Aquinnah Wetland By-Law

Aquinnah Assessor Map 12, Parcel 38

Set-Off Lot 232

Applicants: Maria A. Kitras and James J. Decoulos, Trustees

Gorda Realty Trust

Cover letter filed with Aquinnah Conservation Commission on November 2, 2006

Notice of Intent application form

EXHIBITS

1. Certified list of abutters;

2. Abutter notification letter;

3. U.S. Geological Survey Locus Map;

4. Comparitive figure showing upland/beachland in 1878, Moshup Trail DCPC and upland tree boundary established by Lockwood Mapping in 1979;

5. Massachusetts Land Court decision from Pettegrove v. Aquinnah Zoning Board of Appeals, Misc. Case No. 248339 (June 29, 2000);

6. MASSGIS wetlands orthophoto dated October 24, 2000;

7. Certificate from Secretary of Environmental Affairs Bob Durand dated March 26, 2001, which states that the project “no longer requires the preparation of an Environmental Impact Report (EIR)”;

8. Septic system plans dated June 27, 2000 and approved by the Aquinnah Board of Health, Sheets 1 and 2;

9. The Superseding Order of Conditions approved by DEP on July 12, 2001;

10. Pre-filed direct testimony of Daniel F. Gilmore of DEP dated January 27, 2004;

11. DALA decision dated August 23, 2005;

12. Final Decision adopted by Commissoner Robert W. Golledge, Jr. on November 10, 2005;

13. Report from Mario DiGregorio of Horsley & Witten, Inc. dated October 19, 2000 that describes the Bordering Vegetated Wetland (“BVW”) delineation conducted on set-off lot 708. The report includes the standard DEP BVW forms in Appendix B that were approved by DEP and affirmed by DALA; and

14. Letter from Thomas W. French, Ph.D. of the Natural Heritage & Endangered Species Program to James Decoulos dated January 9, 2006, stating that “no further MESA review of the project is required."