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Town of Mashpee Conservation Commission <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> Mr. Cook expressed continuing concerns regarding construction methodology, including barge access, the number <br /> of pilings, use of plywood, potential damage to the salt marsh and the length of the proposed dock across the marsh. <br /> He noted that the Commission had requested cumulative-effects information regarding the number and lengths of <br /> other docks and the amount of salt marsh they crossed, but did not believe that information had been adequately <br /> provided. He also referenced the DMF letter and the peer reviewer's statement that cumulative effects were not <br /> addressed by the peer review. <br /> The Commission discussed seven photographs included in the applicant's report. It was noted that some appeared as <br /> though they could depict the same pier and float and that the photographs were not identified by specific location, <br /> structure length, number of piles or the amount of salt marsh beneath them. Although the applicant had indicated <br /> during the hearing that the structures were located somewhere along Shoestring Bay, their specific locations had not <br /> been identified. The Commission also noted that Regulation 3 allowed information to be considered out to 300 feet <br /> and that the burden to provide the supporting evidence rested with the applicant. <br /> The Commission further discussed nearby docks visible from the Simon's Narrows area and noted that none <br /> appeared comparable in length to the proposed structure. Discussion addressed the substantial length of the <br /> proposed pier across the marsh and the fact that it stopped at the end of the marsh rather than extending into the <br /> water. Concerns remained regarding low-tide access and the possibility that users returning outside the appropriate <br /> tidal window could leave their kayaks and travel through the marsh. <br /> Mr. Cook also discussed the practical difficulties of loading and launching kayaks from the proposed structure <br /> without disturbing the marsh. He acknowledged that revisions had included removal of the staircase and addition of <br /> a proposed kayak storage rack but stated that loading equipment and entering or exiting a kayak could still result in <br /> marsh impacts. He stated that the logistics of repeated use without harm to the marsh had not been adequately <br /> addressed and that he had significant reservations regarding the project as a whole. <br /> Following deliberation, the Commission was reminded that any motion for denial should specify whether the denial <br /> was with or without prejudice. <br /> Ms. Pitt moved to deny without prejudice the 61 & 67 Shoestring Bay Road pier application. As Mr. Colombo <br /> began discussing an amendment, Mr. Kent noted that Ms. Pitt's pending motion had not yet been seconded. Mr. <br /> Colombo then seconded the motion. During discussion, Ms. Pitt stated that her denial was based on the applicant's <br /> failure to support no detrimental cumulative effect. Regulation 24 was identified as the cumulative-effects <br /> regulation. <br /> Mr. Colombo then moved to amend the pending motion to specify the statutory, regulatory and local provisions <br /> supporting the denial. He explained that the provisions corresponded with the five findings he had prepared and <br /> read into the record. The amendment was seconded by Ms. Pitt. <br /> During discussion of the amendment, Mr. Colombo stated that he had considered adding Regulation 25 and <br /> believed that it could be included. He stated that the new Regulation 25 governed the project because it involved a <br /> new structure exceeding the footprint of the house and was subject to case-by-case review. He noted,however, that <br /> there had not been extensive discussion of Regulation 25 during the hearing. Mr. Colombo referenced his prior <br /> discussion of the Morris Data Viewer projections for 2030-2050 and his request for information regarding debris <br /> 4 <br />