5/13/1999 WATERWAYS COMMISSION Minutes

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WATERWAYS COMMISSION/CONSERVATION COMMISSION SPECUL MEETING MAY 13, 1999 Waterways Commissioners Present: .lira Hanks, Herb Silver, ,Terry Daly,Paul Lumsden, Donald Lund and Bill Taylor, Conservation Commissioners Present: John Johansen,Bud Shaw,Elliot Rosenberg,Fred Worsen and Tad Wa l lenhaupt. Others: Bob Sherman and Perm Ellis(Others in the audience) Mr. Rosenberg of the Conservation Commission called the meeting to order at TOO p.m. in Conference Room 3 of the Mashpee Town Hall. Mr.Hanks requested that the Waterways Commission meeting should also be called to order. Mr. Rosenberg stated that this was a Conservation Commission meeting. He went on to say that the 'waterways Commission could have their meeting before or after the Conservation Commission's mceting, but that this was strictly a Conservation Commission meeting. Mr.Hanks again requested that the Waterways Commission should be allowed to call their meeting to order. Mr. Sherman stated that while it was true that if the waterways Commission would be doing any voting, they would need to call their meeting to order also. Mr.Hanks agreed that they would not be doing any voting. The Conservation Commission rnceting then resumed and the Waterways Commission did not call their meeting to order. Mr. Rosenberg started the meeting by reading a communication from the Executive Office of Environmental Affairs. Where were several sections that Mr. Rosenberg thought should be brought to everyone's attention in connection with the subject of this meeting. He read as follows: "I also want to issue an invitation to cities and towns to work proactively with State and local environmental agencies and other interested parties to avoid conversions of Article 97—Land. Article 97 W Land is defined in Massachusetts General Laws as parr and conservation lands. All proposed Article 97 conversions require a hill and open public decision winking process. EDEA Article 97—Land Disposition Policy requires a municipality to consider all feasible alternatives to the conversion of public open space. Although certain procedural aspects of this policy are currently under review, I do not anticipate any change to its substantive requirement. In addition,if there truly is no feasible alternative,the policy favors a no nct loss approach by requiring that new open space of equivalent or greater financial and resource value be acquired to replace the lost Article 97 lands. Compliance with the Article 97 policy often occurs under the MEPA review process. The new UEPA regulations}effective July 1, 1998,rewire the filing of an environmental notification form with EDEA for all projects using State funds or requiring a State permit if it involves any conversion of Articic 97 including the release of any conservation,historic reseni-ation, agricultural preservation or watershed protection restriction. 1 also have the discretion to rewire a full environmental impact report for any project involving a significant conversion of Article 97 land" Ir. Rosenberg stated that it had come to his attention,unofficially,that one of the purposes of this meeting was to request of the Conservation Commission what their recommendations would be. Since it becornes clear that there will have to be an envir-oinnental impact report, that has to be taken into account if the Waterways Commission intends to ask the Conservation Commission for any expression of opinion. Mr. Hardcs pointed out that we did not expect any approvals tonight. All we are looking for is to narrow the focus of the work that remains to be done to reduce the cost to the Town. Mr. Hanks stated the requirement is to dredge the ll ashpee liver for navigation because it is very shallow. Two years ago we initiated studies looking into the feasibility of improving water quality by 1