11/14/2013 CONSERVATION COMMISSION Minutes

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which deals with the inland bank. There is mitigation being provided for the deck encroachment. The photo showed the lack of vegetation with exception of the large tree. He said in the regulation it states on the performance standards that any proposed project should not affect the physical stability of the bank. He said this is a minor encroachment. He recommended the planting of bearberry shrubs as ground cover in the barren area which will help fortify the stability of the bank. He said concom did receive a letter from the Division of Fisheries and Wildlife stating the project will not adversely affect the resource area habitat of state protected rare wildlife species. Agent McManus also noted the dock on the property does not have a permit, Mr. Yeoman said the dock was there when he bought the property. Mr. McManus said he will contact the homeowner and let him know what he needs to do to be in compliance. Mr. McManus said he would recommend to close and issue. No comment from the public. Motion: Ralph Shaw moved to close and issue, seconded by Mr. Rogers. Vote was unanimous 5-0. 6:12 Thomas F. and Bonnie A. Smith, 266 Monomoscoy Road. Proposed construction of an elevated walkway over salt marsh and a dock extending into Great River. NOI Resource Area: 15t 4xt1@ r }<arsla, bor€l:ring vcgtta#esi awetland, l:�it) Materials Submitted. 266 Monomostoy Road John Slavinsky, Cape and Island Engineering, was representing Thomas and Bonnie Smith. Mr. Slavinsky said six years ago they did a proposal for a dock on the property and the Town of Mashpee had claim on the marsh and decided we can't cross the property. Two years ago town counsel came up with the idea of why don't we give the marsh to the three abutters and pay the back taxes and they will now have access to the water. The three abutters now have access to the water. A dock was permitted on a vacant property to the south but there is no house on the lot. They went to the Board of Appeals and the Board of Appeals said there was no accessory use. They are proposing a 4 x 4 construction. The project involves the construction of a new walkway that will extend over the salt marsh area beyond mean low water into Great River. The dock is intended to improve access to the water body for recreational boating purposes. The elevated walkway will be 182 feet long and all work will be done by hand. Agent McManus had an issue with the wood planking to be constructed with'/4 inch spacing and was concerned this would impact the salt marsh. He was concerned not enough sunlight would reach the salt marsh grass. Mr. Smith provided photos to the commissioners of nearby existing docks to show that low profile docks do not impact salt marsh grass. Some of the commissioners deemed the photos as unreliable in terms of ascertaining