MASHPEE CONSERVATION COMMISSION
Minutes of December 2, 2004
Public Hearing
Mashpee Town Hall Meeting Room 1
Commissioners present: Len Pinaud, Clerk, Jeffrey Cross, Stephanie Jones, and Ralph Shaw.
Staff present: Bob Sherman, Agent, Steven Solbo, Assistant Agent, and Frances Wise, Board Secretary.
Ralph Shaw, Acting Chairman, called the meeting to order at 6:45 p.m. He appointed Jeffrey Cross as a voting member, because without him we would not have a quorum.
Public Hearing:
6:45 p.m. Bob invited anyone at the meeting to comment on the promulgation of revised Regulation 23 for Chapter 172. There was no comment. Bob recommended approval.
Motion made, seconded and unanimously carried to approve Regulation 23 for Chapter 172 as revised.
Non-Hearing Agenda
Old Business:
1. Site visit to 11 Ocean Bluff. Bob said that he, Steve, Michael Grotzke and Don Schall will probably visit the site the following week. He will let the members know the exact time so that they can go along. If that time isn’t convenient, they could also go there alone.
2. Regulations Sub-Committee. Bob said a meeting is scheduled at Mike’s home at 7:00 p.m. on Thursday, December 9th.
3. LCS – recommended protocol on how we will work with the Division of Fisheries & Wildlife and the Division of Marine Fisheries. Bob said we passed this earlier, Stephanie has edited it, and he distributed to the members her edited version.
4. FS-1. Bob said we have DEP’s comments on this and Bill Fisher is working on it, and they are meeting with the AFCEE people. Bill Fisher will be submitting a written response, which Bob will forward to Len. A meeting is scheduled with DEP in January. Bob meets about every six weeks on this topic as well as others with Mike Minor and Ron Zimmerman and other AFCEE employees.
5. Backlog of enforcement cases. Bob said thanks to Steve’s diligent efforts, they are getting caught up. Starting in 2005, he plans to send notices to owners not in compliance and are tardy in making corrections.
6. Approval of Minutes for 10/07/04 and 10/21/04.
Motion made, seconded and unanimously carried to approve the above minutes.
7. Storm Water Management regulations. Steve said he has given his draft to Len. Bob said we will get a final version and have the Regulations Sub-Committee look at it.
8. Trout Pond. Bob said this problem is getting worse. He and Steve met there with the Trustee of Reservations property, and hopefully we will receive a plan from them to fix it. Bob said he is very concerned that the situation will degenerate rapidly unless we get an agreement on a fix. The ownership is not totally clear, and we are not in a position to mandate this. If this were the result of an overt act, we could issue a violation to fix it, but it is not. It’s an old dam built many years ago that’s been fixed here and there. DPW paid for a couple of past fixes.
9. AFCEE. Bob said we have an agreement with AFCEE to continue with Peggy Fantozzi’s services as liaison on the cranberry bog management and also to continue Bill Fisher’s services.
He circulated the agreements to the members to sign.
10. RFAA –SE 43-2203. Bob described this administrative approval and said he approves it with the condition that they fulfill the Certificate of Compliance where the condition of perpetuity would be that they would have to revegetate the Reserve area.
Motion made, seconded and unanimously carried to approve this administrative approval with the condition that they fulfill the original Certificate of Compliance where the condition of perpetuity would be that they would have to revegetate the Reserve area.
Hearing Agenda
7:00 p.m., Fred Blythe, 228 Wading Place Road (continued from 10/7/04).
Motion made, seconded and unanimously carried to grant a continuance to July 14, 2005 at
7 p.m., at the request of the applicant.
7:05 p.m., Robert Forte, 101 Popponesset Island Road (remove part of deck, addition, deck with stairs). Stephen Palumbo represented the applicant and described the plan. Bob said he has to clear the plan with the Building Inspector to ascertain if the addition constitutes a bedroom. If not, the plan is fine. Len raised a questions re an easement, and Bob said this not an issue we have to address.
Motion made, seconded and unanimously carried to approve the plan with the condition that the Building Inspector confirms that the addition is not a bedroom.
7:10 p.m., Mute Swan Corp., 333 Simons Narrows Road (continued from 11/18/04).
Motion made, seconded and unanimously carried to grant a continuance to December 16 at 7:35 p.m., at the request of the applicant.
7:15 p.m., Geoffrey Willis, 65 Hooppole Road (continued from 11/18/04).
Motion made, seconded and unanimously carried to grant a continuance to December 16 at 7:40 p.m., at the request of the applicant.
7:20 p.m., Chilton Development Co., Inc., 166 Waterway (continued from 11/18/04). Michael Grotzke represented the applicant and requested a continuance.
Motion made, seconded and unanimously carried to grant a continuance to December 16 at
7:50 p.m., at the request of the applicant.
7:25 p.m., Joseph and Maureen Driscoll, 41 Elizabeth Island Road (continued from 11/18/04).
No one was present to represent the applicants. Therefore, Bob recommended a denial.
Motion made, seconded and unanimously carried to deny this application.
7:30 p.m., Thomas Belekewicz, 53 Pickerel Cove Road (continued from 11/18/04). Dave Sanicki represented the applicant. Steve said there was a past violation where the housekeeper cleared the bank, and he recommended that we approve the plan with an Order of Conditions based on 1) approved mitigation plantings on the bank, and 2) a silt fence will be installed.
Motion made, seconded and unanimously carried to approve this plan with the condition that mitigation plantings be done on the bank to correct a past violation and a silt fence be installed.
7:35 p.m., Kenneth Litvack, 11 Taffrail Way (continued from 11/18/04). Michael Grotzke represented the applicant and requested a continuance.
Motion made, seconded and unanimously carried to grant a continuance to December 16 at
7:30 p.m., at the request of the applicant.
7:40 p.m., James Crocker, Jr., Trustee, 14 Sampson’s Mill Road (continued from 11/18/04). Amy Ball represented the applicant. Steve distributed to the members the Horsley Witten Group plan for a biofilter for members’ input and said a final plan will probably be ready for the December 16th meeting. Ms. Ball commented further on the plan and requested a continuance.
Motion made, seconded and unanimously carried to grant a continuance to December 16 at
7:55 p.m., at the request of the applicant.
7:45 p.m., W. Roscoe Riley, 15 Birch Way (vista pruning with maintenance in perpetuity). Mark Riley represented the applicant and described the plan. Bob commended Pauline for her help on this project. He said the applicant followed all the precepts of our protocol with new corridors, and he recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7: 50 p.m., Paul Sullivan, 62 Waterline Drive South (new house, septic, driveway, walkways grading and landscaping). Michael Grotzke represented the applicant and described the plan.
Bob approved it pending verification that a missing stake is replaced.
Howard Grazer, an abutter, raised an issue regarding a grading, and was told it would not be a problem.
Motion made, seconded and unanimously carried to approve the plan with an Order of Conditions requiring the replacement of one stake.
Meeting adjourned at 7:55 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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