6/4/2018 BOARD OF SELECTMEN Minutes

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8 Board of Selectman Minutes June 4, 2018 Public Hearing: A uaculture Grant—Thomas F. Smith; Great River Oyster Com an . (continued) In January of 2017,the Shellfish Constable was on site at the 226 Monomoscoy Road property to gain information on the Shellfish Aquaculture License Application that Mr. Smith was preparing. Oysters were observed hanging from the Smith dock in crates and in mesh bags and seed oysters were contained in mesh bags in a floating oyster aquaculture system that was tied to the dock. Mr. Smith was found to be in violation for growing oysters without a license or permit. And further, Mr. Smith was in the process of preparing his application, and would have been aware of the rules and regulations at this time. In response,Nicholas Smith indicated this was a breech that was discovered by the Shellfish Constable, and the oysters were immediately removed. Realizing this was a mistake, it is hopeful this incident will not hinder this project from moving forward. In discussing this matter Mr. Smith indicated the seeds were purchased out of State in Maine. Mr, Smith stated he was not fully aware of the all the rules and regulations at the time of the incident. In concern, the Board conveyed there are strict regulations on shellfish as a result of the potential for disease outbreak. The Board of Selectmen asked if there enough due diligence being done with respect to the rules and regulations and to ensure the handling would be done properly and in compliance. Mr. Smith responded by stating he is fully aware of the rules and regulations now, and there is strong evidence the oysters will grow in this area. When asked if there are any wetlands violations related to this property, Mr. Smith responded by stating there are no wetland violations. Andrew McManus, Conservation Agent informed the Board of Selectmen the proposed aquaculture farm has not been before the Conservation Commission to date. Mr. McManus reaffirmed there are no violations. However, what is missing from the application is where the oysters will be transported to. If the oysters are transported to the Smith dock, there would be violations. It was disclosed it is necessary for the applicant to show proof of the dock Chapter 91 license to the Conservation Commission. Until the Chapter 91 permit issue is resolved a cease and desist work order has been issued. It was noted the applicant violated the order of conditions by jetting the dock pilings into the ground rather than hammering. Therefore,the components of the dock which includes the insulation of the piles, pressure treated wood chemicals and potential leaching is in need of further examination. Mr. Smith indicated he assumes the dock engineer has acquired a Chapter 91 license. The firm conducting the dock installation has closed its business. It was advised the applicant further review the matter of the Chapter 91 license and report this information to the Town as soon as possible. Mr. McManus indicated that Mr. Smith was made aware of the need for a Chapter 91 license when the dock was constructed approximately five years ago. It was noted the Town of Mashpee Shellfish Commission and Waterways Commission are supportive of this project.