3/8/2018 CONSERVATION COMMISSION Minutes

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Conservation Commission Executive Session Minutes Thursday, March 8, 2018 Mashpee Town Hall Waquoit Meeting Room Commissioners Present: Dale McKay, Thomas O’Neill, Chad Smith, Brad Sweet, Robert Anderson, Stephanie Simpson (Associate Member) Also Present: Andrew McManus, Conservation Agent and Judy Daigneault, Recording Secretary EXECUTIVE SESSION: Litigation Discussion The Agent reviewed the background of the proposed bridge proposed for Gooseberry Island. He stated the Commission voted to deny the project and there was some misinterpretation of the time and it was determined that we did not make the 21-day deadline for issuing the denial. Therefore, the Commission lost any standing under the bylaw to comment on this bridge proposal and the denial thereof. He said the applicant has been working with the Department of Environmental Protection on the design of the bridge. DEP has issued a superceding order of conditions denying the project from the original bridge design. The applicant’s appealed DEP and in doing so the town was not notified of this appeal. Town Counsel feels the Commission should be a party to this appeal process so any documentation submitted or future motions would be shared. The opportunity is here for the Commission to vote to allow town counsel to file a motion to intervene with these proceedings so the town can stay in the loop through this appeal process. The bottom line is eventually the commission will be able to be part of the process and share any documents or correspondence. He said he feels the applicant will eventually have to come back to the Commission with a new bridge design. He said Town Counsel recommends the Commission vote to be in favor of filing a motion to intervene so we can be a party through the appeal procedure and he said he agrees. He noted the packet he provided is everything that has taken place up to this point. Motion: Mr. Sweet moved to authorize town counsel to file a motion to intervene in the litigation to represent the Commission in the applicant’s appeal of the DEP’s SOC denying the bridge project. Seconded by Mr. Smith. Roll Call Vote: Mr. Sweet, yes; Mr. O’Neill, yes; Mr. Smith, yes; Mr. Anderson, yes; Mr. McKay, yes. Vote unanimous 5-0 Motion: Mr. Sweet moved to Close the Executive Session and return to open session. Seconded by Mr. Smith. Roll Call Vote: Mr. Sweet, yes; Mr. O’Neill, yes; Mr. Smith, yes; Mr. Anderson, yes; Mr. McKay, yes: Vote unanimous 5-0