7/26/2018 CONSERVATION COMMISSION Minutes

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Mike Picard, Sudbury Design Group, reviewed the landscape design and said the plantings will be a benefit because they are connecting to resources together. They are also reducing the amount of lawn closer to the resource area. He noted a shed will be removed which will be a positive. The Agent reviewed the existing site conditions on the photos. He said he met with Tom and Mike and had some input to the features of the plan. He said there is a small portion of the proposed garage which gets into the naturally vegetated buffer and asked if there was opportunity to keep the garage out of that area. He asked if the footprint can be reduced. He didn’t have any problem with the amount of mitigation. He said moving forward the mitigation will be hard to police. It was suggested the architect come up with a redesign to keep the garage out of the buffer. Mr. Bunker requested a continuance. No comments from the public. Motion: Mr. Sweet moved at the request of the applicant to continue the hearing to August 23 at 6:00 p.m., seconded by Mr. Smith. Vote unanimous 4-0 6:24 Gooseberry Island Trust, 0 Gooseberry Island. Requests confirmation of wetland resource area boundaries. ANRAD Resource Area: Salt Marsh, Coastal Bank, BVW, LSCSF Mark Manganello, LEC Environmental Consultants, and Tom Bunker, BSS Design were present to represent the applicants. Mark stated BSS Design prepared the plans to accompany this ANRAD application for Gooseberry Island. He reviewed the island on the map provided. He said the boundaries they want to delineate is the Salt Marsh, Bordering vegetated Wetland, Coastal Bank and Land Subject to Coastal Storm Flowage. He stated there is no project proposed at this time. The Agent discussed with the applicants two additional resource areas associated with the island. He stated the Land Containing Shellfish and Land Under Ocean. He stated previously the Division of Marine Fisheries deemed the land around the island is land containing shellfish. Testimony from Rick York, Shellfish Constable, also deemed the land as land containing shellfish. He said if the Commission approves the ANRAD tonight, it does not dismiss those resource areas moving forward. He spoke to town counsel confirming by not showing these resource areas does not dismiss them moving forward. The Agent stated ANRAD is not a common filing. It is a way to separate out delineation of resource areas in a given area. He said he walked around the entire island with all of the flagging and did agree all the flagging that he saw and the identification of resource areas notwithstanding the aforementioned comments about land under ocean and land containing shellfish is accurate. He said town counsel said when it is time to draft up the determination, town counsel will draft up the determination that we can condition in language mentioning those two resource areas are present in the opinion of Division of Marine Fisheries and our Shellfish Constable and that would be satisfactory moving forward if there would be future projects on this island. Public Rebekah Salguero, Legal Counsel for the Wampanoag Tribe, stated there is a deficiency in the plan by not acknowledging the Land Containing Shellfish. She reviewed previous history of the island and said the tribe objects to any approval that would facilitate any construction in the future. She stated this is a successful aquaculture farm that the tribe conducted over many years. It is an asset to the tribe and the town. She said they asked Horsley and Witten to prepare a report. She requested the Commission have an independent analysis done. She asked for a continuance to allow a review of their report and a third party review. Amy Ball, Horsley Witten Group, has conducted a technical peer review of the ANRAD and plans submitted on behalf of the applicant. She noted HW previously represented the tribe in its