12/19/2011 BOARD OF SELECTMEN Minutes

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7 Board of Selectmen Minutes December 19,2011 Public Hearing—Application by Richard Cook, Jr. Shellfish Grant in Popponesset Bav: (continued) Attorney Kirrane indicated that his client, Richard Cook, a Mashpee resident has operated a shellfish grant in Ockway Bay since 1983 responsibly and without incident. Mr. Cook is seeking a location with deeper waters to grow oysters as the Ockway Bay site is too shallow to farm oysters during the winter months. As a result of pending litigation with reference to the former one-acre site, Mr. Cook has located a different site to grow oysters and has made a new application to the Selectmen under M.G. L. Chapter 130 §57 to license the subject location for aquaculture purposes. The proposed 1.9 acre site selected by Mr. Cook lies near the mouth of Popponesset Bay and is noted to be a considerable distance from the residential area, 150' +/-buffer zone. Mr. Cook has also proposed to use light-weight polyethylene grow-out bags 18"x 36"in place of the 4' x 4' cages initially considered to alleviate the noise issue, a primary concern of the area neighbors. The polyethylene bags are constructed of a square mesh material. With the exception of extremely low tide,the cages would be submerged at all times. Demarcation buoys will clearly depict the location to protect the boaters, providing un-obstruction to navigation. In accordance to the special conditions of the license, all bags will be completely underwater at mean(average) low tide. No motors except outboard boat engine and electric motor for oyster sorter or electric winch. The sorter will not run on weekends or before 8:00 a.m. on weekdays from and including Memorial Day through Labor Day. In year-one of the shellfish farm operation 5,000 polyethylene grow-out bags would be used with a not to exceed 15,000 grow-out bags after season year-one. The applicant has applied for 15,000 polyethylene grow-out bags. It was noted the application has received a positive recommendation from the Waterways Commission and Shellfish Warden as it relates to the method of farming at the 1.9 acre site location. Attorney Kirrane added the shellfish aquaculture grant is a passive activity which beneficially removes nitrogen from the water.