3/4/1999 CONSERVATION COMMISSION Minutes

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Fred Blythe of Wading Place Road questioned why the parking spaces are going up to 6 or 8 spaces. He wanted to know if the public has asked for it or if it was fir. Ellis'own idea to come up with theses extra spots.. 11rir. Sherman explained that fir.Ellis cane to the Conunission with the proposal. He said he believes Fish and Wildlife want it. Mr. Sherman went on to say that once again that is out of the n nission's purview. Whatever reason they want it is outside of our purview. Our purview is only how does it affect the erformance standards. This comes under an arca called unci Subject to Coastal Storm Flowage. He explained there are no standards for that. In other words,why Nor.Ellis or some fishing society want to do it is beyond our purview. Mr. Blythe stated he had no idea where the jurisdiction Iles. He asked if the Commission has any say on • the use of the land. He wanted to know if it as Mate land. Mr. Shennan said that it is Mate land.- He explained that the State has to come to Comnidssion when it applies to the wetlands Act. Mr. Blythe then asked how that piece of property applies to the wetlands Act. Mr. Shernian answered the fact that it is owned by the Mato has nothing to do with it. They still have the same standards. The thing is,however,that there are no standards for land subject to coastal storm flowage. Under the local bylaw, there are a few minimal standards but those pertain to leaving a certain ainnount of vegetation natural. 1&. Shemian went on to say that the Commission has no justification with any aspects of how it is used or who is using it. Mr. Blythe asked who would you go to see why this is happening. Mr. Sherman said they could talk to the people who own the land,which is the Fish and wildlife Division in Buzzards Bay. If they wish to go ahead with it,we cannot deny it for any wetlands reason. There is no governing law that would enable u to deny it. Mr. Green explained the only key we have is the amount of coverage on the lot. if they were going to clear the lot, thea we could say they cannot do that because you have to have a certain amount of wildlife habitat left on that lot. They have plenty of land left to cove'the local bylaw which is the reason they have to come before this Board. Ken Bates,who is on the Board of Directors for the Popponesset Beach Association,wanted to know if there was a formal application. Mr.Bates said there was a formal application. Mr. Bates then asked if they could have a copy of the formal application. Mr. Sherman said he could get hire a copy. lir.Bates asked if in the application is it specific as to how may parking spaces and if so how ruany additional spaces. Mr. here-an said four spaces. I Sr. Bates went on to ask if they are going from four that is acknowledged by the Division of Fisheries and Game and the Town of i lashpee to a total of eight. Mr. Sherman said you could not get four cars there now. He explained that they could propose ten and we would have no jurisdiction. Mr. Bates stated that the property owners being abutters to this property are concerned about what might transpire there. He explained they are the ones that the Commonwealth of Massachusetts contacted to assure the community that.the proper signage and that they were the enforcees via the Town of Mashpee Police Department to enforce restriction on street parking. There are a lot of issues that concern them. He does not believe the Commonwealth of Massachusetts is paying any tax to the community on that land. He said it absolutely blows his mind that someone can make a petition that the local community has no say in or a local authority has nothing to do but approve. Mr. Shennan agreed with Mr. Bates and said there should be standards for land subject to storm flowage. Every time they try to put some in,potitics stop it from being adopted.