01/22/2026 CONSERVATION COMMISSION Minutes

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Town of Mashpee Conservation Commission 16 Great Neck Road North Mashpee, MA 02649 The applicant stated that the dock footprint remains well under the 600-square-foot maximum allowed by regulation and that the overall alignment was determined by referencing existing neighboring docks and the centerline of the navigation channel to ensure consistency and safe spacing. Letters from the Harbormaster and the Shellfish Constable were received, both indicating no objections to the proposal, although the shellfish mitigation letter was submitted late in the day. The Shellfish Constable recommended a shellfish mitigation fee of approximately $9,475, calculated based on potential shellfish species impacts and disturbance associated with pile relocation and seabed disruption. The applicant confirmed that such fees are customary for dock reconstruction projects and explained that mitigation funds are directed to the town's shellfish propagation program. Commissioners raised several substantive concerns,particularly regarding anchoring methods within the velocity zone, public access requirements under Chapter 91, and incomplete plan details. Questions were raised about how proposed public access stairs would be anchored,whether they should be removable or collapsible, and whether helical piles would be required. Commissioners expressed concern that removable stair sections could become debris during storm events unless clearly labeled and managed, while additional permanent piles could increase impacts to the marsh and land under ocean. The applicant acknowledged that anchoring details were not fully depicted on the plans and stated that the stairs and ground platforms would likely be anchored using helical piles or similar systems. Commissioners requested clearer information regarding the number, location, and configuration of piles, as well as clarification of plan notes referring to"ground platforms as needed,"which were viewed as insufficiently specific for review in a velocity zone. Additional questions were raised about the condition of the existing dock,prompting the applicant to explain that the structure shows signs of age, including warped planking,movement under load, and no longer meets current standards for safety or environmental performance. The applicant emphasized that the redesign would reduce impacts, improve durability, and provide safer access,particularly for family use. The Commission also discussed Chapter 91 public access requirements, noting that where adequate clearance beneath the dock is not achievable below mean high water, stairs or other access features may be required. It was noted that public passage rights exist between mean low and mean high water, while areas above mean high water are private unless access is expressly granted. The Commission debated whether collapsible stairs, fixed stairs, or alternative configurations would best balance public access, safety, and environmental protection. Concerns were also raised regarding construction timing, particularly in light of winter flounder spawning season(January—May). Commissioners noted that the Division of Marine Fisheries letter referenced winter flounder but did not include explicit timing restrictions, and staff indicated they would seek clarification from DMF regarding appropriate construction windows. After deliberation,multiple commissioners stated they were not comfortable voting to approve the project with the current level of detail,particularly given unresolved questions regarding anchoring in the velocity zone, stair design and public access compliance, and construction timing. While some members felt the project could potentially be conditioned, the consensus was that the application would benefit from revised plans and additional information before a decision was made. The applicant agreed to return with revised plans addressing the Commission's concerns, including clearer anchoring details, stair design options, and coordination with DMF regarding seasonal restrictions. At the 9