2/15/2001 CONSERVATION COMMISSION Minutes

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. Nor. Sherman introduced Martha Twombley, Cape Cod commission, who presented an update on jurisdictional determination for New Seabury. NIS. Twombley informed the Commission that she has collected quite a bit of background information/history regarding the New Seabury project. She made reference to the Special Permit which has been in effect since 1964, to which numerous modifications have been made. Section 2 of the Cape Cod Commission (hereinafter referred to as "c It) Act refers to substantial compliance issues and reads as follows: "Exempts any development which, prior to July 1, 1989 has received any one of the following: A Special Permit or variance under Chapter 40-A and which develo ment is constructed or is thereafter constructed in substantial compliance therewith. The project is a substantial compliance if 1 the proposed project in use reflect the nature and purpose of the project, and use in the original local approval; 2 the changes do not result in the requirement for additional local development permit review in the fora of a new permit, approval, or a modification to the original approval; the chances do not result in different or increased impacts as compared with the original local approval to the interest protected by the Act and the Regional ional Policy Plan. " Legal determination must be made with regard to the Special Permit and any modifications made thereto; and whether or not they are exempt from the substantial compliance conditions. Ms. Twombley made reference to maps indicating the Great Neck area, development area within the current D I ; and draft Environmental Impact Report; all of which is included in the request for jurisdictional determination. The majority of areas already fall under various other jurisdictions including, Conservation Commission, wetland Act. and Coastal. zone Projection. The second major modification made by New Seabury at 1990 Town Meeting, relocating density of the permitted project section where the two Town wells are looted is a significant change. However,ever, the Special Permit does allow for changes in density. The increased impacts within that extremely sensitive area could prone to be important as a portion of the argument for jurisdiction. She cautioned that in the event the CCC does acquire jurisdiction, New Seabury would enter into the appeal process which could prove to be lengthy with no guarantee of the outcome. Discussions have been conducted between counsel for New Seabury and CCC Tater Resource Specialist . The strongest input to date has been received from the mashpee water District. The major .issue being protection of the water quality. -16-