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Zammito, et al v. Mashpee Conservation and timely legal advice and representation. We look
<br /> Commission and Richard J.Cook,Jr. forward to working with the Town Manager, the
<br /> Barnstable Superior Court C.A. Selectmen, and other officers, boards and agencies of
<br /> No.BACV2012-00492 the Town to secure and advance the interests of the
<br /> This is an appeal in the nature of certiorari, Town of Mashpee in 2015.
<br /> pursuant to G.L. c.249, §4,of an Order of Conditions
<br /> issued by the Mashpee Conservation Commission Respectfully submitted,
<br /> approved a Notice of Intent filed by Richard J. Cook, Patrick J. Costello,Esq.
<br /> Jr., for a 1.99-acre shellfish aquaculture facility in Louison, Costello, Condon & Pfaff, LLP
<br /> Popponesset Bay. This is also an action for a Town Counsel
<br /> declaratory judgment pursuant to G.L.c.231 regarding
<br />! the propriety of the Commission's decision to approve
<br /> the said Notice of Intent.
<br /> Report of the
<br /> The Administrative Record was compiled the Waterways Commission
<br /> Town regarding the Conservation Commission's y
<br /> proceeding. On March 11, 2013, the Town received
<br /> the Plaintiff's Motion for Judgment on the Pleadings. To the Honorable Board of Selectmen and the
<br /> The Town filed its Opposition to the Plaintiff's Motion Citizens of the Town of Mashpee:
<br /> for Judgment on the Pleadings and Motion for
<br /> Judgment on the Pleadings on April 25, 2013. A The Waterways Commission presently meets on
<br /> motion hearing was held on July 23,2013, where said a monthly basis to deliberate on waterways related
<br /> Motions for Judgment on the Pleadings were heard topics. Our goal is to maintain and improve the
<br /> before the Court. Shortly thereafter, the Barnstable waterways,and strive to improve water quality and the
<br /> Superior Court entered Judgment in favor of the safety of boaters on the bays, ponds, and rivers of
<br /> Defendant, Mashpee Conservation Commission, Mashpee. To this end,we work with the Harbormaster
<br /> upholding the Board's decision to grant an Order of and the Shellfish Constable (both now under the
<br /> Conditions to Mr.Cook. Mashpee Police Department) to oversee maintenance
<br /> The Plaintiffs then appealed the Superior Court
<br /> dredging,and plan and manage improvement dredging.
<br /> We also have assumed the management roll of the
<br /> Judgment to the Massachusetts Appeals Court.On May Water Quality Measurement and Testing Program in
<br /> 20, 2014 the Appeals Court issued an Order, without concert with the Town, the Wampanoag Tribe, and
<br /> hearing, affirming the Superior Court Judgment per SMAST with Dr.Brian Howes. This is an all-volunteer
<br /> Rule 1:28. program,and we are always seeking individuals willing
<br /> to volunteer their time to assist this effort. Contact Don
<br /> On June 9,2014 the Plaintiffs filed an Application MacDonald, Vice Chairman of the Mashpee
<br /> for Further Appellate Review with the Supreme Waterways Commission and Project Manager of the
<br /> Judicial Court,contending that the Superior Court and Water Quality Testing Program, with your interest.
<br /> Appeals Court determination that the subject project This testing program is an ongoing project and is
<br /> was not subject to mandatory DRI review by the Cape expected to continue well into the future. The Town
<br /> Cod Commission constituted an error of law. We filed benefits from the data/reports the program generates,
<br /> our Opposition to the Application FAR on June 19, as they play an important role in our Water Quality
<br /> 2014. On August 1,2014 the Supreme Judicial Court Program.
<br /> issued an Order denying the Application FAR, thus,
<br /> affirming the Appeals Court and Barnstable Superior Maintenance Dredging
<br /> Court rulings in favor of the Board of Selectmen. This Our dredging efforts in FY 14 were consumed by
<br /> matter is now closed. the dredging of the Approach Channel of Popponesset
<br /> Bay.
<br /> We are honored to serve as Town Counsel for the
<br /> Town of Mashpee, and we remain committed to A typical maintenance dredge of the Approach
<br /> providing the Town with high quality, cost-effective, Channel to Popponesset produces 5,000 or more cubic
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