3/6/2008 CONSERVATION COMMISSION Minutes

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4 7:06 p,,m. Robert Melly, NON—57 Redwood circle (Construct access path} stairs, platform, ramp and float) David French frorn Christopher Costa and Associates stood to represent the applicant. Mr. French described the applicants wish to install stairs, a path constructed of platforms elevated walkway) aind a seasonal float. He explained that the area In question is sloped on one side from around 8 'down to 56'. The other side is an equally steep inland bank.The stags will run from the street side to the water with a natural plateau as part of the second flight. He explained that they had taken care when designing the stairs to avoid any major trees and will only need to remove a few -3'diameter saplings and one " diameter pitch pine. The seasonal float will be 'x'l2'and be moored with detachable anchor system. The footings for the moorings will be hand dug as to not disturb the area. The float was okayed by the Harbormaster as it will pose no navigational issues. The Commission questioned the Harbormasters okay and the Agent did reiterate that the Harbormaster had signed off on it but the Agent did not have letter to that effect. The Agent explained that the float will be for recreational use and net for boats or _ refueling. The Agent explained that the project is very accommodating and much less invasive than foot traffic directly on the area would be. The Agent read excerpts from an abutter letter from Mr. Peter Balenius where Mr. Sarlenlus raised concerns over the navigation and depth of water. He also raised concerns over the safety of children both using the walkway itself and In the water.A second abutter l fter was paraphrased;the letter from Mr. David and Basan Spurting raised similar concerns as well as the concern that the float would be used for refueling and boat mooring.. The Commission questioned the height of the walkway and the width of the platforms. Mr. French explained that the height would allow for the passage of wildlife with no impediment and that the platforms are only 3.5'wide under the performance standard figure of '. The Agent questioned Mr.; French as to how and where the float would be stored in the winter. Mr. French addressed the question to Mr. Melly himself who was in attendance. Mr. Kelly explained that he planned on towing the float to a beach owned by the Mashpee Shores Association of which all the homeowners were a part of. The Agent requested that the float be put further upland. The applicant asked whether he needed to bring it to a boat yard, the Agent stated that if Mr. Kelly had the means that would be the chosen solution. Mr. Torn F. President of the Mashpee Shores Association stood to make an abutter comment. He questioned the genuineness of the facts. He explained that he feels that the float will be used for fueling and mooring. Commissioner costa explained that it will be written into the orders of condition that no fueling or mooring will be allowed and if it is seen that the permits will be pulled. Barbara Nichols also stood to question as an abutter the wildlife impact. She asked the Agent if the Department of Fish and Wildlife had been contacted. The Agent and Mr. French confirmed that they had been contacted and that the impact was seen to be minimal. Peter Goulet, of 61 Redwood ood circle, an abutter stood to comment on the hearing. He too raised concern for the fueling i and any spills that may incur if the area las used for fueling. Mr. Goulet also expressed concern for the boat traffic and storm damage that may occur due to the placement of the float. The Commission reiterated that the fueling and mooring will be prohibited as part of the filing. Mr. Robert Bortoiotti of Redwood Circle stood to comment as well, he questioned the stairs proximity to the Mashpee Fiver. H felt that the stairs terTnination point was too close to the Mashpee River and that the river falls under the river protection act and that those regulations need to be followed. The representative for the applicant not the Agents could tell what the proximity to the river was from the plans. The Agent explained that he would have to research that figure and see if it falls under the Fiver Protection Act.Another abutter Mrs. Bpurling stood to question the endangered clams in the area and if this project would affect therm. She also questioned Mr. French as to the diameter and distances of the walkway. The Agent explained that the freshwater mussels were part of the Natural Heritage filing and were considered. Laura M. stood as an abutter to inform the Commission that the land is recorded at the Registry►of Deeds as recreational open space. The representative and Agent agreed that a continuance was in order due to the measurements/proximity being clarified and if the River Protection Act cores into play. Motion made, seconded and unanimously carried for a continuance until 03/20/08 @ 7:27 p.m. Motion made,seconded and unanimously carved for a continuance until-03120/2008 @ 7:27 p.m. 3 r-