2/10/1994 CONSERVATION COMMISSION Minutes

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Conservation Commission Public Dearing - February 1 , 1994 Page 3. Mrs, Ferriday stated. concerning composting, if the Commission is going to go that fair, possibly they would want an impervious foundation so that it will not leach into the ground, like a cement pad. Mr. Hormyer asked if there would be an effect on family gardens; there would not same as the state,, 11 Public comments were requested. Steve Ball, Bog 'Attendant: He raised question on page 4, 1. Mr. Sherman stated the preceding activity A through L would be included in the cultivation of cran- berries. It is identical to the state rgs. ' David Mc Carthy, who farms in Yarmouth and lives in Barnstable, delivered to the Commission this evening eight pages of comments by the Attorney for the Cape Cod. Cranberry growers association. He suggested before the Conmssion spends a lot of time, that the Town Counsel confer with the growers' association attorney. There are a lot of legal stumbling blocks. The Chairman stated he began the meeting by stating .this was a draft and there wouId. be legal issues that would have to be addressed. He asked who the con- tat in their organization would be that Town Counsel should contact. . McCarthy stated they already were in touch yesterday. Frank DiLuna was in touch with Town Counsel, Brian Hander: He stated he is in a difficult position because he works for the Commission. He is upset that the Commission is trying to promulgate these rules and he was not informed of therm. when he signed the contract for seven gears, he was under the existing state rules. This is changing the ball game. He has waited a- yearnow to get certain things done that he feels aro necessary, to date, he has not gotten permission to do them. He has hoard talk about getting consultants, the permitting process, but nothing has been done. It is fine to say that $20 for a filing fee, but that is Just another restriction, as far as' he is concerned, Them was a board that promulgated these rules through the state that had rep- resentatives from DEP, SCS, Cranberry growers, farming interests, and they worked three years to.come up with these rules which should be a guideline for the Conservation Commissions to use. ,.It seems lie they have wasted their time if t e- ompassior finds it necessar y., to' proniulgate stricter rules and. regulations. He signed a, contract to improve. the situation.,In his proposal he stated exactly what he wants to do ontthe town bogs. ' In order ,to do that, he needs some permission .to do things that he deems necessary. He does not feel that to this point he has asked for anything outlandish; some of the things he has been granted; some he h sn t.#r He is trying to make money ar�d his reputation is on the lure a.s-far a making mon y `for the town. of Mashpee. ' 'In' order to do that, he needs to be allowed to do it. These regulations tali about maintain- ing navigation drainage systems, that has been a big bugaboo. He needs to be able to do that in the Mashpee bogs and to this day he has not been allowed to. The bottom lime is that he is trying to make money for the Town of Mashpee and he feels he has been restricted. Ultimately, it will be a benefit to the town if he is allowed to improve the bogs.