01/07/1999 CONSERVATION COMMISSION Minutes

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MASHPEE CONSERVATION COMMISSION Minutes of 7 January 1998 Commissioners present; Greg Wirsen, Chair Pro Tem, John Johansen, Ralph Shaw, Tad Wollenhaupt. The Chair called the meeting to order at 6:55 p.m. with a quorum present. 6:55 PUBLIC COMMENT: None, ?:00 PUBLIC HEARING under Chapter 172 on the proposed fee change for a Request for Determination of Applicability and a change in Regulation 33/Status of Rive front area; designation/criteria of tidal rivers as applicable under Regulation 33. Mr. Sherman stated it costs more than the $20 being charged now to advertise an RDA. It will be raised to $30 to cover costs. The Chair called for public comment; there was none. Mr. Sherman stated the other change is to the Riverfront area regulation #33 brought on by challenges of late concerning tidal givers. He cited the Powers case and the issues raised. He consulted with Dr. Crawford at WBNERR and Joe Costa of the Buzzards Bay Project. They both agreed aone-shot reading is not acceptable. The only change to the regulation is the submittal requirements. If the applicant i.8 going to challenge the regulation and provide salinity measurements, they will have to do measurements at least six times over a monthly tidal cycle and describe methodology. They will have to do this according to a scientific format that is more meaningful. The Chair called for public comment: Peggy Fantozzi stated in number two, she would presume that the methodology of measurement, a description would be needed for the pattern of measurement because there are some areas where you would want to transect across the mouth and sometimes you might want longitudinal ones. VOTE: Motion made and seconded to accept the regulations as proposed. Unanimous Vote. 7:05 WILLOWBEND DEVELOPMENT CORP. for a Determination of Applicability on construction and maintenance of a pumphouse utility shed