4/16/1987 CONSERVATION COMMISSION Minutes

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1a hpee Conservation Commission Meeting of Ape i 1 1 , 1987 Page 3 . :00 - Dr. Mrs . Harry Fel ger (BSC/Cape Cod Survey) To construct a 41 x 145, wooden pier with float -and ramp at Lot 1 Tide Run. Larry Spaulding, Attorney, Presenting . He stated this project has been worked on for three years. it was denied at the local level and D. E. . E. issued a super- ed i ng order after requiring charges in the pier-. A copy of the original plan was shown. on the basis of D . E. .E. action,, they applied to the State Waterways and received their license. They have appl led to MEPA and have been advi sed they do not need an Environmental Impact Study. They also have applied to the Armor Corps of Engineers and have received their permit. Two local leve1 procedures are left to be followed. Approval i s requested of Conservation for the pier in its changed form with the requirements of D .E. . . and application to the Board of Appeals for a special permit. He advised when originally presented there was consideration of there being a cornu n 1 t p i e,r. However, it will be used only for two parties . He further adv i sed there i s a member of the FeIger fam i 1 y severely hard 1 capped and in a wheelchair. The pier will enable him to get to the water to swim and sail . The plan is for the ramps and floats to come out and be stored on the walkway or to the rear of the dwel ] i ng. Its Behrrnan stated it has been the policy of the Commission for the past year to refrain from acting on applications for docks until after Board of Appeals permission has been acquired. It was agreed John Ila ronda will make comments to the Appeals Board. He advised no building permit has been issued on this . HEARING CONTINUED INDEFINITELY PENDING BOARDF -AP E-AL ACTION. 8: 1 - Patricia Mary Benway. To construct a 4, x 6o , pier with float which extends out from dean Law dater 45 feet, together with two 12" piles at nomo - oy Road. George Benway presenting . special permit has been granted and also a variance from the Board of Appeals . All timber i to be wolmanized or salt impregnated. This area has the deepest water in Mashpee and the pier will allow 4-1 foot draft at low tide. No marshy is involved. Pictures of the area were shown. John read a letter from the Shellfish Constable. Mr. Ryan stated the Benway dock is 'in ars area abundant with shellfish, quahogs are common at the location and bay scallops periodically set i n this area -of Little River. Due to the flog in the river-, di sruption of the she] l fish would be temporary. The most severe problem associsted wi th th i s project would be the loss of she] If i sh in areas - f r both commercial and recreational fishermen. l though the pub t i c wou 1 d have the right to fish under and around this dock# x f constructed most people would re l i nqu i sh their right. Mr. Benway stated he would tape issue with the shellfish abundance. There have been no scallops or soft shell clams . This carne up in the variance and special permit hearings and the Board of Appeals issued the permits, one two months ago and the other back in October. Mr. Benway - stated he plans to moor his sailboat at this dock .