1989 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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r 1 t 1.` - e P. 0. BOX 1106wdP1A MASHPEE, MA 02649 ? -� 2a SHELLFISH DEPARTMENT S July 25, 1989 Mashpee Board of Appeals P.O. Box 1108 Mashpee, Ma. 02649 Dear Board Members: 9 I restfully submit the following comments to the Board of Appeals with regard to their decision to grant a Special Permit for a dock to John Malloy,on property located at Lot 166 Whippoorwill Circle in the Town of Mashpee, SP-87-04032. I do not feel that the Board of Appeals accurately represented the concerns of the Mashpee Conservation Commission or the Mashpee Shellfish Commission and Shellfish Constable in their written decision or the minutes of the hearings on this matter. The decision implies that the relocation and reconfiguration of the structure was adequate to address the concerns of the Shellfish Commission and the Conservation Commission in terms of the structures ability to cause substantial disruption of the marine environment,when in fact both com- missions offered their comments that the structure would cause that disruption regardless of its configuration. In my initial comments at the public hearing I made it clear that any aherations would not constitute my approval of the project I wish to point out to the Zoning Board of Appeals for the umpteenth time that I was hired by this town for my education and experience in matters dealing with the marine environ- ment and that my job description includes my duty to act as an advisor to any and all town boards in these matters. I must protest the boards treatment of my testimony in these matters. Several members have publicly stated that they are not comfortable with,nor do they have the slightest knowledge or experience in this subject matter. Thus,their practice of dismissing my testimony in favor of the applicant is that much more disconcerting. I also do not feel that the minutes or the decision even mention the fact that I disputed many of the points of the Shellfish Survey prepared by Sabatia, Inc. In particular, I disputed the facts relating to the State Division of Marine Fisheries "rule of thumb"for significance of the shellfish crop. Enclosed with this letter you will find a copy of a letter sent to me by Frank Germano, senior marine biologist for the State Department of Marine Fisheries that agrees with my assessment of the survey. It is obvious that the board made no attempt to