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Board of Appeals Minutes - March 22, 1989 Page 2. John Malloy - Requests a Special Permit under Section 6, subsection 19 of the Land Use Requirements for permission to construct and maintain a walkway', pier, ramp, float and dock facility in an R-3 zoning district on property located at Lot 166 Whippoorwill Circle (Map 125, Parcel 151) Mashpee, MA pursuant to an application dated January 14, 1987. After a hearing held on 4/1/87 the Board of Appeals on 6/26/87 filed decision with the Mashpee Town Clerk on such application and an appeal to the Barnstable Superior Court (Civil Action No. 87-593) was taken therefrom. Subsequently, such application was remanded to the Board of Appeals by the Barnstable Superior Court for the purposes of reopening the Public Hearing on this matter. Members sitting: W. Hanrahan, M. Makunas and R. Halpern. The hearing was continued from September 28, 1988. Attorney Chris Toomey represented the petition. He presented revised plans dated 1/24/89. John Slavinsky, Cape 5 Islands Surveying, explained that the new plan includes a walkway across the marsh to a ramp and a float. Previously there had been a removable platform on the marsh and Conservation Commission had requested the walkway. The size of the float has been reduced to 8' x 16'. The new.ramp has been moved further from the sidelines. Mr. Robert Gray, Wetland Biologist of the Sabatia Co. reviewed the results of a shellfish survey he had conducted on the property on October 22 and 23. He discussed methodology of the survey and said basically he was researching number of quohogs, soft shell clams and • razor clams. He stated that each of the three types are below the State standards for commercial or recreational shellfish beds. Mr. Hanrahan asked if shellfish conditions were subject to change. Mr. Gray responded that there was not a seasonal change in the shellfish. He did not consider this area had a significant population. There could be changes over a period of years. An abutter questioned if the survey conducted in October would not reflect depletion of the beds during the summer shellfish season. Mr. Halpern stated that the survey reports on the legal and illegal sized shellfish so would indicate the next year's crop. Mr. Gray stated that the area has a good recuperative value and sampling resulted in 50%/50% distribution on legal and illegal sizes. Mr. Hanrahan asked what the effect of the dock would be. Mr. Gray stated he could not answer on the basis of a one -day survey. He said adjoining docks had shellfish in area. Mr. Makunas asked how construction would effect the beds. Mr. Gray replied that he would recommend that piles be driven in. Jetting causes more sediment in the water which may persist for some time. Mr. Gray said that conditions could be imposed to minimize disruption of the beds. •