5/22/2003 CONSERVATION COMMISSION Minutes

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7:20 p.m., John 1 eardo ,, BBB Great Neck Road South (construct fence). Bob recommended approval with the stipulation that the fence be one foot above the ground. Motion made, seconded and unanimously carried to approve the plan with the condition that the fence be one foot above the ground. 7:25 . ., save Popponesset Bay, Popponesset Creek and Spit (continued from 5/8/03). Representing the applicant was Norman Hayes, BSc. Mr. Hayes said Bob has spoken with Jim O'Connell, who opined that the performance standards for managing the dredging of this barrier could not be met. Mr. Hayes said they never said they thought that it could, and he was here to give another update on the project prior to any decision. I.e., they have outstanding permits from the Array Corps of Engineers to 2007, a Water Quality Certification for dredging 9,000 cubic yards to 2008, and a Chapter 91 Department of Wetlands and Waterways permit through 2006. They also recently received a DEP file number which states that if this project goes forward, they must rake sure that the beach nourishment is compatible with what is already existing on the beach. The beach nourishment area is licensed under an existing permit granted to the Town of Mashpee for beach fronts on Nantucket Sound to 2007. The land under which the work would be done would be land of the Commonwealth of Massachusetts below the mean water mark as done before. Also in the /Notice of Intent is the removal of pipes and concrete piers with rebrs from the shore front of the Spit. They are still asking for an approval, but they can't disagree with Bob's assumption that it is impossible to meet all the performance standards here because it's a unique barrier. It's pinned by a large jetty, its drifted from its migration by a revetment on the south side of Popponesset Island. it's also pinned from northeast migration because j there had been revetments, and nine storms have breached it, and it's now starting to migrate more in a northeasterly direction towards the sound of Popponesset Bay. This is a unique situation where man-made events: not the least of which was the 160,000 cubic yards of dredging in 1962, have altered the situation where they can't meet the standards. The Army Corps of Engineers has conditioned their permit that Save Popponesset Bay would develop a harrier beach management plan to address these issues. Bob does not disagree vith the above, but it does not obviate the tact that the dredging portion of the project does not meet performance standards. We reflect those same standards in our own chapter 172By-laws. Bob has prepared a discussion of these issues, which he didn't go into detail because it's a repetition of the performance standards. He said that Jim o#Connell concurs that our hands are tied With the