5/8/2014 CONSERVATION COMMISSION Minutes

Home Browse Search

S ' finding that they have net their burden of proof to shove SIS Frust is the owner of the property. Atty. wall, in respons.e to the Commission's request as to whether or not this project is subject to a mandatory review by the Cape Cod Commission stated since the proposed bridge will serve only one dwelling, the proposed project does not trigger mandatory DRI review. Atty. Wall referred to the DENT Restriction Order and stated the proposed bridge will be a driveway/roadway that provides access to the island and is of minimal practical width. It will not destroy existing vegetation, not aper patterns of tidal flog, obstruct the movement of sediment or alter the coastal wetland, therefore, the bridge is an allowed activity and use under the IDEM Restriction.order. Atty. Wall referred to the Aquaculture Gant. He said the right to plant, grow, and take shellfish in this channel does not preclude a bridge and they can co=exist. He questioned if the grant is actually at this location due to the fact the license simply states the grant i located at Gooseberry Island which 's a very indefinite description. 4 The Agent stated.he did confer with town counsel and town counsel's recommendation.is to view the land ownership issue in regards to the evidence put forth and believes the burden of proof has been net and the Commission should focus on the enviromnental: aspets on how the project relates to the performance standards of the wetland resource areas under Chapter 172 bylaw and 3 10 CNM State Wetlands Protection Act. The Agent expressed his concern the Commission did not receive any correspondence from the Cape Cod Commission on the proposed project. Any. Wall said he will ask the Cape Cod Conunission for a letter. Public Comment George Green, Assistant Director of the Natural Resource Department for the Mashpee Wampanog Tribe, spoke about the shell-fish.grant which was licensed by the Board-of Selectmen and the State of Massachusetts and has just been renewed for another 14 years. He said the bridge is going to take 28 square feet of shellfish beds base and under the regulations, the Commission should not approve anything that will interfere with the productive shellfish area. He said this property was taken into the custody of the Conservation Concision and asked who paid taxes on this property and was concerned as ter why the Commission does not ask these questions He alsa commented the applicants did work on the road without a permit and the channel is used,by boat traffic. Mr. Green said the bridge will interfere with their shellfish propagation project and b putting a house on this property, it will interfere with our nitrogen reduction for the town of Mashpee and our ability to reduce nitrogen in the bay and reduce the severing of Popponesset. He questioned the board overriding the Zoning Board of Appeals. This project will also affect the wildlife habitat and asked the Commission to deliberate these issues.