12/19/2011 BOARD OF SELECTMEN Minutes

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8 Board of Selectmen Minutes December 19 201t Public Hearing—A lilication by Richard Cook, Jr. Shellfish Grant in Popnonesset Bav: (continued) For the record, it was noted that communication with respect to this regard was received from Jason Streebel,the Director of Assessing dated December 19, 2011 and the Mashpee Waterways Commission dated November 22, 2011. Late-filed on this date was additional communication received from Attorney Brian Wall relative to the project proposal. Attorney Wall disclosed that he currently represents 21 property owners on Popponesset Island and Daniels Island who are opposed to Mr. Cook's first application and to Mr. Cook's new aquaculture proposal. Popponesset Bay is noted to be a public resource used by many including boaters, swimmers, and kayakers. Attorney Wall in concern indicated the site of the proposed grant lies within a designated velocity zone, and the area would likely be impacted by storms. It was noted there is no management plan if the equipment were to move upland in a storm event. The installation of 15,000 aquaculture bags below the mean low water constitutes a man-made change to unimproved real estate. It was also stated the area is zoned R-3, a residential district where aquaculture, a commercial operation is not a permitted use. There is also an impact to private property values. The proposed grant is also considered a nuisance explained Attorney Wall who noted the noise would cause aesthetic harm and result in impairment to the private rights of the upland property owners. Mr. Wall made note of similar cases in the Towns of Duxbury and Mattapoisett, and urged the Selectmen to review the submittals and consider taking testimony, holding public hearings, and conduct a planning process to approve aquaculture grants in appropriate places. In rebuttal,Attorney Kirrane indicated this matter is not a violation of zoning. It was noted the entire Town of Mashpee waterfront is residentially zoned, and there are not a lot of areas within the Town to locate an aquaculture farm operation.