6/30/2011 CONSERVATION COMMISSION Minutes

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f designated area and chapter 91 does not allow pile supported floats within ACEs. The Agent does agree that the structure is still "grandfathered"because it has been there for quite some time but it will be required that Mr. Neubert will still have to work with Chapter 91 to clear up the charges that have occurred since 1994 and to also address the anchoring system. !Motion made seconded and unanimous!y carried for a Negative Determination pending Chapter 91 decisions 7.06 R iohard coots SE 43-2662 Aquaculture Project iin Po ppo nesset Bay with MIP NO I Cont* ' from 611611 Resource Area. Land Under Ocean;:Land Containing Shellfish/ Velocity Zee Materia submitted: owl ig Area o f Shellfish Gran 5110,,,"11 Coastal Engineering Richard Cook states that he has spoken with coastal Engineering for a revised plan which addresses the concerns of the Board regarding the anchoring system. The new narrative explains in.detail what the plans show. Agent McManus states that thea were many issues raised at the f last hearing ranging from zoning concerns to official determination of jurisdiction from Natural Heritage Endangered Species as well as the pending litigation against the Board of Selectman. A letter with a final decision from Natural Heritage Endangered Species dated June 28, 2011 has been submitted. Agent McManus reads the letter for the record which states that the project does not occur within the estimated or priority habitat and therefore does not require permitting review from them. There is also a letter submitted from Charles Maintanis, Town of Mashpee Acting Building/zoning Inspector, in which the Agent also reads for the record. Mr. Maintani ' letter states that he does not consider the aquaculture cages to be structures and that the project area lies outside of zoning jurisdiction of Ma hpee Commonwealth owned land under ocean) Agent McManus states that there is also a letter from Town Counsel and proceeds to read the letter a well for the record. The letter states that even though the Board of Selectmen had issued a license to Mr. cook and that it has been appealed; it does not preclude the conservation Commission from acting upon the Notice of Intent in accordance with the provisions.of the Wetland Protection Act (310 CMR 10.00 &the Chapter 172 Wetland By-law). Agent McManus reads chapter 172- Section E from the local bylaw which states that all applicable permits and licenses must be "applied for" in order for any permit application to be deemed complete. Also received was a letter from Marine Fisheries who conducted a shellfish surrey and determined that the proposed area for the aquaculture farm is not land containing shellfish and was suitable for the project. Agent McManus confirms that there has since been substantial information submitted and the plans have been revised to show strong anchoring systems. Therefore; all requirements have been met for this Notice of Intent. Mr. cook has assured the Agent that recreational activities have been taken into consideration and that people can canoe/kayak over the area. The Agent reads Chapter 172; Regulation 24 which defines recreational values that include canoeing; kayaking, swimming, boating and aquaculture/agricultural activities, among other activities. Mr. Gurnee is concerned ab ut.water born debris in a velocity zone and Agent McManus states that it can be addressed in the Order of conditions. Mr. Gurnee also would like to confirm that the cages will always be under water. Mr. Cook assures him that they will be below water when factoring in conditions. The cages will be stacked less in shallower portions of the grant area. Agent McManus also adds that there must be allowances made for adjustments depending on extreme tides. Mr. cook states that they applied for the grant for the maximum allowable cages which was 3000 but would probably not be able to maintain all the cages at that quantity as there might not be enough water column to run through them and feed thein properly. IIIb. Gurnee asks what kind of maintenance a the project entails and IIIb. Cook responds that typically they will be attended to the cages approximately four hours a day five dans a week by one or two people. Over winter will require almost no maintenance. Mr. Sweet asks if Mr. cook will be able to handle the cages weight and Mr. cook responds that if any of the cages become too heavy then he may use a piece of equipment that is electric powered from the outboard motor at idle). He also states