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Town of Mashpee Conservation Commission <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> MOTION: To close an issue for 157 Daniels Island Road with the <br /> following conditions: <br /> • Flow-through decking <br /> • Shellfish mitigation <br /> • Time-of-year restriction for construction to protect winter flounder <br /> • A draft restriction for the boat <br /> DISCUSSION: It was confirmed that the clearance between the float <br /> and the bottom at mean low water would be 2.3 feet, sufficient for <br /> boats in the area and evidence of compliance would be verified <br /> through inspections and site visits. Some commissioners expressed <br /> significant concern about the potential environmental impacts of the <br /> proposed dock and pier. One commissioner cited the DMF review, <br /> noting that new piers and floats could permanently impact nearby <br /> shellfish resources and fisheries. They also highlighted that the waiver <br /> request submitted was insufficient under Regulation 17, which <br /> prohibits activities that impair the functional characteristics of coastal <br /> resource areas within 150 feet. The commissioner emphasized that the <br /> project appeared to serve as an accessory to a private residence rather <br /> than addressing a compelling need, making it difficult to support <br /> approval. <br /> Additional discussion referenced research by John Logan of the <br /> Division of Marine Fisheries,which documented that residential docks <br /> and floats result in loss of salt marsh biomass, even with elevated <br /> decking. Commissioners expressed concern about cumulative impacts <br /> from multiple docks and piers in the area, emphasizing that the <br /> project would constitute a luxury rather than a necessity. They also <br /> noted the unusually large shellfish mitigation fee, reinforcing the <br /> perceived high impact of the project. <br /> In response to these concerns, a commissioner clarified that under <br /> Regulation 17, water-dependent projects do not necessarily require a <br /> waiver, as long as they do not induce cumulative impairments. They <br /> highlighted the value of local expertise, including input from the <br /> harbormaster and Department of Natural Resources staff, who <br /> confirmed that the area is not viable shellfish habitat and has poor <br /> existing conditions. It was stressed the importance of defensible <br /> reasoning if the Commission were to deny the project, ensuring the <br /> decision could be legally distinguished from prior approvals of similar <br /> docks in the area. <br /> The Department of Natural Resources noted that a standing stock of <br /> soft-shelled clams and quahogs exists in the area. They recommended <br /> a condition allowing the Massachusetts Shellfish Program to continue <br /> 10 <br />