6/30/2011 CONSERVATION COMMISSION Minutes

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is answered that there will be buoys/markers. Mr. Sander is concerned about safety because most Y of the boats at night speed through the canals. Tem Jalowy, Jalowy Landscape, is concerned with safety and the height of the cages. He asks what would happen if a kayaker hits and tumbles and becomes injured because of the cages. Mr. Jalowy is curious as to who will be liable. Agent McManus asks Mr. York if liability was discussed during the waterways commission review of the project and Mr. York responds that he does not believe so but he will have to check his minutes. Mr. Gurnee states that he is aware of at least one dock that extends as far as the aquaculture farm. Mr. York asks Mr. cook if he will have liability insurance and Mr. cook confirms that he will. Robert Zammito, 36 Popponesset Island Road, has great concerns over the anchoring system. He states that every winter there i s ars ice-flow which flows with the tide. The ice-flows which can b about a mile long move and it had actually snapped two of his poles one year. He feels that nothing will hold those cages down in the ice-flew and it will be very hazardous. Mr. Zammito also states money that he pays for a mooring and Agent McManus inf orms hire that financial issues are not the commission's concern. IIIb. Zammito also would like to forward an email to the Commission regarding heavy equipment that will be used to move the cages and feels that Mr. cook's description of the electric tool is not true. Mr. Cook rebuts Mr. Zammitoi comments and explains that in the winter, all of the cages will be moved into deeper waters below any possible ice damage. Mr. Gurnee asks where the cages will be moved to and Mr. cook says they will be moved to the outer deeper portion of the site. Alfred White, 2 Cross Tree Way, would like to discuss the function of the Conservation commission and the legal parameters that guide the decision authority. He continues by saying that the only beneficiary of the project is IIIb. Cook. He doesn't think that anyone would ever buy a home within 30° of a farm. He feels than it will reduce property values. He states that this is a business and the Commission would be approving a factory. Leslie Caffyn, 10 Po ppon es set Island Road cl a i rns that the pictures of the pro posed site are deceiving in where they are made to look like there are no surrounding houses. She states that people,kayak near the shore because it is calmer. She doesn't believe that they will be able to kayak over the cages and the will be required to go around therm. Also, if the cages push out and end up in the charnel, it would become hazardous. Attorney Brian wall, wh o is representing 21 residents, states that he has a couple of rotes from information that he has heard this evening. Pint, Mashpee's recreational interests do protect leisure activity or aesthetic enjoyment of wetland resources. Mr. wall states that Mashpee's bylaws do in fact protect the views and assuming that Mr. cook's calculations are correct regarding the submerged cages, the waters are clear in this area and the cages will be visible below the surface. Mr. wall add resses the opinion f rorn Town Counsel and he maintains that ashpee's bylaw is far more stringent then the state act and it clearly says in Regulation 3 an application will be ruled incomplete until all other applicable local and obtainable permits have been issued. Mr. Cook's application should still be ruled incomplete and withdrawn or continued until after the appeal is resolved. Mr. wall continued with his second point: Mr. cook has come back with more information but he feels that it has raised as many more questions. There has been no information submitted to the Board in regards to wave force and whether or not the anchors will stay in the ground. He believes, according to his calculations, that there will be Zoo rows of cages held down by 100 cables held down by Zoo anchors held together by 3000 connectors and sitting on pipes that will be driven into the ground. There has been no information submitted regarding hover Mr. Cool{plans on putting the pipes into the ground. Mr. Wall feels th t the Commission should require Mr. cook to submit ars Opp ration/Maintenance Manual; some kind of protocol or methodology as to what he will o on a day-today basis. Mr. wall also states that the Massachusetts Supreme court has made it very clear that aquaculture is not part of a public trust right and Mr. cook has no right to conduct any aquaculture above the mean low water mark so any intrusions above that for aquaculture