1/8/2015 CONSERVATION COMMISSION Minutes

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6:36 Gooseberry Island Trust and SN Trust, 0 Gooseberry Island and 0 Punkhorn Point Road. Proposed construction of a bridge and driveway to provide vehicle access to Gooseberry Island from property located at end of Punkhorn Point Road. Continued from 12111114. NOI Resource Area; Land Subject to Coastal Storm Flow (Velocity and A -Zones), Land Under Ocean, Salt Marsh, Bordering Vegetated Wetlands, Coastal Bank, Tidal Flats, Buffer Zone to Rare Species Habitat (Priority and Estimated NHESP). Land Containing Shellfish. Rebecca Saiguero, Tilden and McCoy, was present and along with Chuckie Green, Assistant Director Natural Resources for the Mashpee Wampanoag Tribe. distributed a binder of material regarding this project to the Commissioners. Attorney Brian Wall, was representing the applicant who is proposing a bridge from Punkhorn Point Road to Gooseberry Island. He stated when they filed this Notice of Intent they took the position that the structure was water dependent. They maintain the structure is water dependent. They have instructed their consultants to do a re -analysis of the project under the "no adverse impact" standard and have submitted materials to the Commissioners dated January 7, 2015. Atty. Wall reviewed the material with the Commissioners. He stated in order to remove any question as to the status of the bridge, the applicant proposes to confer an easement for the public to traverse on -foot across its property on the mainland to access the bridge; to cross the bridge to the line of mean high water on the island side; and to access the inter tidal zone on the island side via a ladder for purposes of fishing, fowling and navigating. This will cause the bridge to be a pedestrian facility that promotes use and enjoyment of the water. Atty. Wall stated this easement makes the bridge water dependent. The Agent noted this material was submitted yesterday by the applicants in response to a meeting he had with the applicant and their consultant and legal counsel and Matt Creighton from the BSC Group. Atty. Wall stated he agrees with many of Mr. Creighton's conclusions and disagrees slightly on only a few. He requested after hearing from Mr. Creighton, he would like to have a brief opportunity to address Mr. Creighton's proposal. There was a discussion on water dependent vs. noh water dependent. Matt Creighton, BSC Group, Consultant for the Commission, addressed his peer review of the proposed access driveway and bridge, Gooseberry Island. He noted he was asked to review: 1. Determination of water dependency status of proposed bridge. 2. Assessment of project impacts to all applicable performance standards under both Chapter 172 and 310 CMR 10.00 3. Compliance of proposed project to Wetlands Restriction Order MGL C. 130 s. 10. 4. Evaluation of any impacts to Land Containing Shellfish/Aquaculture