2/12/2015 CONSERVATION COMMISSION Minutes

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project does not require mitigation as per Chapter 172 of the Mashpee Code regulation 12. Mr. Costa explained that all work from the seaward edge of the coastal bank will be done from a barge or by hand within a four hour time span consisting of two hours before and 6 after high tide. The Division of Marine Fisheries commented in their review letter that a non -leaching wood alternative should be used for the piles. Mr. Costa stated they will make that adjustment and have the piles vinyl coated to prevent leaching wood preservative chemicals. He commented the concrete steps are going to stay in place but will not be used due to the fact natural vegetation is starting to creep in over them. Mr. Costa commented on the letter from the Division of Marine Fisheries and the concern with the leaching components of the piles. Mr. Costa has offered to make that change and it will be conditioned in the permit if the Commission approves the project. The Agent noted the Harbormaster and Shellfish Warden have signed off and they will have all the appropriate signage for display of DEP number and property address on the dock in perpetuity. No comments from the public. Motion: Mr. Shaw moved to close and issue, seconded by Mr. Sweet. Vote unanimous 5-0. Briarwood Association Land, 261 Hooppole Road: Wetlands Violation The Agent he was a made aware of a violation by an association member of Briarwood who notified him by email that mowing had been taking place in an area that he had been familiar with for several years. The Agent sent out a notice of violation after inspecting the property and it was obvious mowing had taken place. This was opened up at a hearing for discussion and there was discussion on a claim of Briarwood that the mowing activity is grandfathered. The Association hired a wetland consultant to check the conditions to verify the presence of a wetland. The Agent recommended the Commissioners hear from Briarwood and their representatives. Adam Brosky, Environmental Lawyer, Drohan Tocchio and Morgan, was representing the Association. He reviewed his letter dated January 29, 2015. He spoke about the grandfathering under certain exemptions in the state and local wetland regulations. In his analysis he determined the mowing of the lawn is exempt from MESA project review. He said they are not doing any new alterations. Mr. Brodsky commented that Briarwood should be able to continue this activity (as it was started prior to the promulgation of wetland regulations (state and local). Brad Holmes, Environmental Consulting and Restoration (ECR), stated he has completed a review of the property at 261 Hooppole Road. The review was focused on the existing conditions, onsite wetland resource areas, maintenance activities, and historic conditions. Mr. Holmes stated that ECR is able to confirm that the site contains wetland resource areas and areas of Conservation Commission jurisdiction. He noted the southern portion