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3 <br /> Board of Selectmen <br /> Minutes <br /> August 12, 2002 <br /> APPOINTMENTS AND HEARINGS: <br /> Died m Project: (continued) <br /> It was noted that a number of challenging issues have developed, <br /> specifically the dewatering and disposal of the fine-grain dredge material, <br /> and the high cost of landfill disposal. <br /> Issues have transpired with the Ockway Bay site as a result of accessibility <br /> and site elevations. The Ockway Bay site is not permitted to date. The <br /> use of the Stenberg parcel, an area of approximately three acres with <br /> natural land depressions was considered as an alternate:site for the dredge <br /> spoils and for future public access and recreational use to salt water for <br /> small canoes and kayaks. <br /> Correspondence was received from Town Counsel dated September 28, <br /> 2001 relative to the use of the Stenberg conservation land for the disposal <br /> of dredge spoils from the Mashpee River. <br /> The Stenberg land was acquired by the Town, acting through the <br /> Conservation.Commission in 1994. The deed provided that the land was <br /> to be used in perpetuity and exclusively for conservation purposes. <br /> In Town Counsel's opinion,the Conservation Commission has discretion, <br /> and prior to any application for legislative approval; the Conservation <br /> Commission.must vote that the land is no longer needed by the Town <br /> exclusively for conservation purposes. <br /> The Executive Office of Environmental Affairs(EOEA) reviews every <br /> proposed disposition of conservation land. In Town Counsel's letter.it <br /> was stated that EOEA's support is not likely to be successful. <br /> In response to the potential use of the Stenberg parcel, Conservation <br /> Commission member John Fitzsimmons made note of Town Counsel's <br /> opinion of September 28, 2001 as reflected above. <br /> Mr. Fitzimmons indicated that the Conservation Commission,is not <br /> opposed to dredging, but he did not feel the ConCom was authorized to <br /> use the land for dredge spoils since the deed provided that the land was to <br /> be used in perpetuity and exclusively for conservation purposes. <br />