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Zammito, et al v. Mashpee Conservation Commission and Richard J.Cook,Jr. Report of the Barnstable Superior Court C.A. No. BACV2012- Waterways Commission Q0492 This is an appeal in the nature of certiorari, pursuant to G.L. c.249, §4, of an Order of Conditions To the Honorable Board of Selectmen and the issued by the Mashpee Conservation Commission Citizens of the Town of Mashpee: approving a Notice of Intent filed by Richard J. Cook, The Waterways Commission presently meets on a Jr., fora 1.99-acre shellfish aquaculture facility in monthly basis to deliberate on Waterways related Popponesset Bay. This is also an action fora topics. Our goal is to maintain and improve the declaratory judgment pursuant to G.L.c.231 regarding x the propriety of the Commissions decision to approve waterways and strive to improve water quality of the the said Notice of Intent. The Administrative Record bays and ponds in Mashpee. To this end we work with k: was compiled by the Town regarding the Conservation the Harbormaster and the Shellfish Constable (both Commission's proceeding. The Parties filed their now a part of the Mashpee Police Department) to respective Motions for Judgment on the Pleadings. A oversee maintenance dredging, plan and manage improvement dredging. We also have assumed the hearing was convened on July 23, 2013, whereupon, management roll of the Water Quality measurement the Court Entered Judgment in favor of the Conservation Commission,upholding the propriety of and testing program in concert with the Town,the Tribe p g p p y and SMAST with Dr. Brian Howes. This is an all its Order of Conditions. The Plaintiffs have appealed volunteer testing program and we are always looking the Superior Court decision to the Appeals Court.The for peoples to volunteer their time to assist this effort. Parties are currently in the process of assembling the appellate record and will, thereafter, be filing their This testing program is an ongoing project and should j respective appellate briefs. No date has yet been continue well into the future. The Town benefits from established by the Court for oral arguments. the data/reports generated by the program. They play j an important role in our Water Quality program. We are honored to serve as Town Counsel for the Town of Mashpee, and we remain committed to MAINTENANCE DREDGING providing the Town with high quality, cost-effective, Our efforts were totally consumed in fiscal 2013 and timely legal advice and representation. We look with dredging of the Approach Channel of Popponesset forward to working with the Town Manager, the Bay and the 1916 Channel in Popponesset Bay. Selectmen, and other officers, boards and agencies of the Town to secure and advance the interests of the Atypical maintenance dredge of the Approach Town of Mashpee in 2014. Channel to Popponesset produces 5,000 or more cubic yards of sediment that gets deposited on the Respectfully submitted, Popponesset Spit. The Spit is owned and managed in Patrick J. Costello,Esq. a close relationship with the Town by an organization Louison, Costello, Condon &Pfaff,LLP named Save Popponesset Bay and The Audubon ` Town Counsel Society. Some of these dredge projects are done by what is called a"short haul dredge" (less than 4,000 feet of pipe) and some are done as "long haul dredge" (over 4,000 feet of pipe). A booster barge is required for the "long haul" projects and this propels the sediment down the pipe for longer distances. I The 1916 Channel project is performed as a "short haul"project and the sediment gets deposited on the Spit. The Approach Channel project is a long haul dredge and the sediment is also deposited on the Spit. { 147