Massachusetts Appeals Court August 24, 2006, No. 05-P-778 (Rodgers v. Conservation Commission of Barnstable)

Greenberg, J.

The conservation commission of Barnstable (commission), on the ground that the plaintiffs’ proposed permanent pier interfered with recreational shellfishing, declined *201to issue an order of conditions authorizing its construction. The commission’s decision was based on G. L. c. 131, § 40, the State Wetlands Protection Act, and art.