7/11/2002 CONSERVATION COMMISSION Minutes

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The vice Chairman recognized Dorman Hayes, representing Applicant,icant, who provided a graphic display and updated the Commission. Maintenance of existing pathway and salt marsh walkway approximately twenty 2 feet, section 10A Harbormaster float/associated ramp connected thereto. Proposed construction of the house is near completion, and in accordance with, the Order of Conditions. Request is being made for the continuing use of the existing pathway. wetland limes have been previously determined and approved. The float has been permitted by the Harbormaster (#577) . Nor. Hayes cited Harbormaster~ Float requirements and jurisdictionsr bottom anchored, meet zoning requirements, includes the float and ramp. If the connection to the walkover structure is below mean high water, it fails within the permit issued. The walkover structure, as shown over the salt marsh, is three feet wide, three feet above the marsh, with access. Mr. Hayes stated all performance standards of the Act have been met. Request is being made for determination of wally over structure and maintenance of the existing path. He further stated it has been determined there are no shellfish impacts .in this particular area. The proposed structure is authorized under the Restriction Act, as this is restricted salt marsh. Mr. Hayes reported this project will require a Special Permit from the zoning Board of Appeals, which Hearing has been scheduled for July 24th. i Ms. Fantozzi requested a written description of wetland restriction be submitted for the record; to which Hayes agreed. The Clerk requested Attestation of Ownership. He also explained there are additional fees due with reference to the length of the ramp, dock, and float. He noted this is ACEC area. Mr. Hayes argued the ramp is not subject to Con fission purview; it is solely under Harbormaster jurisdiction, and does not fall under the Wetland Protection Act. (Applicant agreed t pair the fees required. ) Ms. Fantozzi requested shellfish information and bathometric information be provided. She stated she has had conversations with the Shellfish Warden who has stated that area of Hard!in Fond is considered to be a significant shellfish habitat for the Town of Mashpee both for quahogs and soft shell clams. Also, Mr. Hayes has been provided a copy of a determination recei1ved from Town Counsel clarifying the floats are not permitted by the Commission, however the impacts from said floats as they relate to wetland resource areas are within the purview of the Commission to analyze.