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8/13/2015 CONSERVATION COMMISSION Minutes
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8/13/2015 CONSERVATION COMMISSION Minutes
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Mashpee_Meeting Documents
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CONSERVATION COMMISSION
Meeting Document Type
Minutes
Meeting Date
08/13/2015
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The Agent stated that DEP has upheld the Commission's denial and the applicants have <br /> appealed again. DEP encourages that any possible discussions take place to avoid an <br /> adjudicatory hearing. The applicant's attorney submitted some proposed revisions. <br /> They propose to narrow the bridge from ten to eight feet and reduce the circumference <br /> of the piles from 14 down to 12 inch which would be the equivalent of taking out one <br /> pile. They are proposing and willing to do salt marsh restoration and they would be <br /> willing to change the orientation of the bridge. The Agent said he had a conference call <br /> with Attorney Brian Wall, Town Counsel and DEP and the outcome was for him to <br /> relay this information to the Commissioners and get their thoughts, The Agent said in <br /> his opinion it is not significant enough to represent a change or a significant enough <br /> reduction to not adversely impact the salt marsh,which was the number one reason for <br /> denial in addition to a lack of information on the house on the island. Town counsel <br /> and DEP's counsel felt these changes, while appreciated, make a minimal difference. <br /> One of the things they kept referring back to is the applicants were claiming this was <br /> akin to a dock or walkover structure and therefore would qualify and would have no <br /> adverse impact standard. There was a lengthy discussion and it was generally agreed <br /> that it is still a significant structure because it is a bridge to accommodate vehicular <br /> traffic and therefore would not be exempt from the no impact standard. It is <br /> significantly different from a dock and to try to change the footprint is not going to <br /> change the status. The Agent noted that DEP suggested using a ferry. The Agent said <br /> DEP is encouraging the applicant to come up with a scenario, that doesn't involve a <br /> bridge.He also noted the land dispute is still ongoing with a side note that it is not going <br /> to affect the Conservation Commission's procedural approach to this. The pre- <br /> conference hearing will take place next week in Lakeville and the Commissioners are <br /> welcome to attend. The Agent noted some of the salt marsh has transitioned into mud <br /> flats and,therefore, a viable shellfish habitat. In addition,where they propose to do salt <br /> marsh restoration could be swapping out one resource for another,specifically the grant <br /> that circles the whole island could be a risky prospect from the tribe's prospective. <br /> Following a brief discussion, it was generally agreed that the Commissioners didn't <br /> . have..a-.fiatl-dis cussion_with.all..their membersbut from this-discussion,-the-majority view.. ..... <br /> is the Commissioners want to stand by their original decision. <br /> Motion: Mr. Sweet moved to adjourn the meeting, seconded by Mr. Rogers. Vote <br /> unanimous 40. Meeting adjourned 7:20 p.m. <br /> Respectfully submitted, <br /> y <br /> ecording Secretary <br />
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