8/17/2006 CONSERVATION COMMISSION Minutes

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k Steve said from the performance standards of the MashpeeBy-law and from the Wetlands Protection Act standpoint, we have covered every issue. At the last meeting it was raised that the Division of Marine Fisheries has not commented. Simply put, when the Division of Marine Fisheries gets involved, they receive every Notice of Intent that the Town files. They have not commented, and he has received every comment letter they sent. They usually are pretty good about getting.it to us within 3 0 days. As he said before, they have spoken With BiR Walton from the Barnstable Cooperative Extension about the shellfish issues, and he gave his assurance that the containment boom wiU have the site percolate better than it does now. Now it's paved, but we're going to a more percolated site, and the shellfish will be fine. The zoning issue has been settled. The Town does not have to apply for a relief. It's the abutter whose structure is below the line. The argument was that because the structure was getting abutted upwards to the - abutter's fine, the Town had to sok relief from the Zoning Board, but that's not the case because the'down'sp roject-is not structure per e. So from the standpoint of the Wetlands Protection Act and the MashpeeBy-law Chapter 172, it meets all the performance standards and he recommends approval. Cass said that regarding the plan that world be more beneficial that Nr. Slavinsky was going to subn t, it was suggested that the two parties meet within th6 following two weeks. She-said we put this hearing off because we did not have the full knowledge of whether it was accesary to apply to the ZB . W. Mills stated that this-was a must-do deal. Then Len said there should be some discussion between the DPW and the abutters. She asked�&. Slavisky if he has met with them to discuss the plan. Mr. Slavinsky said he has not—he submitted the plan to Attorney Vis. Steve sa'd from.the Regulations standpoint, i