04/09/2019 SHELLFISH COMMISSION Minutes

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4.1 Application Requirements: Any resident of the Town of Mashpee or organization of residents of the Town of Mashpee may apply for a shellfish aquaculture license in waters of the Town of Mashpee in accordance with the Shellfish Aquaculture License Procedure (available at the Town Clerk's Office or the Mashpee Department of Natural Resources Office). Shellfish aquaculture license applicants must have been domiciled within the Town for at least 12 consecutive months prior to the date of application. Two forms of written proof of residency is required; one form: Driver's License or State ID card; Second form: tax bills,rent receipts,utility bills, car registration, etc., may serve as proof. All local tax obligations must be paid in full in order for an application to be considered in accordance with MGL c. 40, section 57. Applicants must remain domiciled within the Town of Mashpee for the term of their license, if annual domicile requirements are not met the license will be terminated. Applicants must not have admitted to or been convicted of shellfishing violations within the last 5 years. Commission Comments: The last requirement may need to go to legal counsel,but it is a great recommendation. This may have to be reviewed in a case by case basis based on the violations that have been cited. 4.2 Application Procedure: Shellfish Aquaculture License Applicants are required to submit a completed application specified in the Shellfish Aquaculture License Application Form and Procedure. Before scheduling an initial pre-application meeting,the applicant must complete an acceptable Shellfish Aquaculture Course. The Fundamentals of Shellfish Farming offered through the Cape Cod Cooperative Extension is acceptable. Commission Comments: Add in that the applicant must pass the course with a passing grade. State that the procedure is on a separate form and can be found at the Town Cleric's Office. 4.3 Application for issuance of license;hearing fee: Applicants, other than renewal applications, desiring a license shall be required to complete and submit ALL information as required on the Town's approved.application form and procedure. Any information on a license application that is determined to be untruthful before or after approval of any license application shall be grounds for denial. The nonrefundable application fee of$125 dollars made payable to the Town of Mashpee must be submitted upon application submittal to the Board of Selectman. Following receipt,the Board of Selectman will schedule a public hearing date. At least 14 days prior to the public hearing date,the Board of Selectman's Office will notify the applicant of the time, date, and place of the hearing. The applicant is required to notify all abutters within 300 feet of the proposed grant area of the date, time and place of the public hearing at least 10 days prior by certified mail. Commission Comments: Change the abutter notification to the same distance as required by the conservation commission's notice of intent(N.O.I.). The board suggested that the distance be the same for consistency. It is believed that the NOI is a 100 foot distance for the abutter notifications. 4.4 Submission of application for review by other agencies: ncies: Upon receipt of a completed application to the Board of Selectman the Shellfish Constable shall deliver,within seven days, a copy of the completed application to the Harbormaster,the Waterways Commission and the Shellfish Commission for their review and written comments. Said written comments are to be received by the Board of Selectman not later than 30 days after the application is received by the reviewing departments and committees. Commission Comments:No comment.