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Conservation that the project is exempt from that o' setback. Mr. wall urges the Commission to <br /> require that Mr. Cook submits such a letter to the Board. <br /> Mr. Wall also states that the N I is incomplete because the plans do not show any structures and <br /> Mashpee's definition reads that aquaculture gear is specifically defined as a structure. He states <br /> that Mr. Cook's okway Bay grant is not in a velocity zone so therefore the force factor as such in <br /> this area will not be as strong. Mr. Wali continues to say that there are other resource areas that <br /> should be identified such as land under oceans and it must be proven that there will be no adverse <br /> affects. He also says that storm damage prevention needs to be considered [which he reads the <br /> definition for the record]. He continues saying that there is the likelihood that in a velocity zone, <br /> these cages could become water-born debris and cause damage to the properties in the area. Mr. <br /> Wall says that in addition, Mashpee regulates recreational interest which he reads the definition <br /> from the bylaw; any leisure activity or sport taking place in or within a 100' of a resource area. This <br /> project will have an effect on property owners' ability to access the water and shows that there <br /> would be adverse effect to the resource area. Mr. Wall states that the plan does not show all the <br /> resource areas as well. There is a salt marsh on the spit and the cages could wash up and impact <br /> the salt marsh. l ir.-wall has contacted Natural Heritage to find out if the proposed project was near <br /> any areas that have endangered or threatened species. They conducted this through the formal <br /> application process by filling out the appropriate fora and they have since received a letter back <br /> (which will be submitted for the record] that states a small edge of Mr. Cook's project is within an <br /> estimated habitat for rare and endangered species. Mr. Wall states that Mr. Cook submitted an <br /> informal email to someone that works at Natural Heritage and appears that there was an informal <br /> comment from someone there that looked at the maps and determined that it was outside the <br /> protected area. <br /> Mr. Wall recommends that the Commission work through all these points that he has brought up <br /> before going forward. <br /> Chairman Fitzsimmons states that Mr. Wall has brought up a number of points and suggests further <br /> review before any decisions. <br /> Agent McManus states that there are all different types of structures within this velocity zone that <br /> have been permitted. The Agent reads for the record Section 172-7 of the 172 bylaws regarding <br /> waivers if by finding the project will improve the natural capacity of the resource area to protect <br /> wetland values which he feels has been demonstrated by the letter from the Division of Marine <br /> Fisheries and also the Shellfish Constable. The Agent recommends a continuance and feels that it <br /> is not necessary for a withdrawal at this time as there Inas been a I t of information provided and he <br /> still feels that there will be no in adverse impact to the environment and-is actually a net benefit to <br /> the water quality. Although, he does agree that there is some missing information and a <br /> continuance is recommended. <br /> Mr. Cook would like to re-state that the cages will not be exposed as the depth gets shallow and <br /> closer to shore, the nearest portion of the grant might not have cages and may just be quahog <br /> planting with a screen over the top. The cages are " in height but they are stacked on top of each <br /> other and that is why it will only be one acre. Mr. Allen requests a picture of the anchoring system <br /> and Mr. Monroe can provide calculations of the cable strengths within the velocity zone. Mr. Monroe <br /> also states that if needed, they can adjust the coordinates so as not to go into Natural Heritage <br /> district. These coordinates will also be reviewed by the Army Corp of Engineers. <br /> Agent McManus reads the comments from Army Gorman who is from the Endangered Species <br /> Review for the Natural Heritage Endangered species program. she states that the eastern most <br /> edge of the grant follows the priority estimated habitat line and since the edge is essentially the <br /> edge of the area where all work or activities will occur, it appears that it is not required to file <br /> pursuant to the plass. Endangered species Act. <br /> 5 <br />