MASHPEE CONSERVATION COMMISSION
Minutes of January 22, 2004
Public Hearing
Mashpee Town Hall Meeting Room 3
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Leonard Pinaud, Clerk, Stephanie Jones and Ralph Shaw.
Staff present: Robert Sherman, Agent, Lori Soucy, Assistant Conservation Agent, and Frances Wise, Board Secretary
Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m.
Public Hearing: None.
Non-Hearing Agenda
Old Business:
1. Town Report. Bob distributed to the members his Town Report and requested any changes they may have.
2. Herring Warden. Bob distributed to the members an Article he prepared for presentation to the Town to establish the position of Herring Warden at an annual salary of $10,000 for 800 hours. Bob will keep the members apprised of an expanded job description. He said the money to fund this position will not be available until the next fiscal year.
Motion made, seconded and unanimously carried to approve the Article to establish the position of Herring Warden.
3. Southport Ad Hoc Committee. Bob distributed to the members a letter from this committee to the Mashpee Board of Selectmen expressing their appreciation for the fine services they received from many Town staff members.
4. Candidates for Conservation Commission. Jack spoke with the two candidates, Lloyd Allen and Jeffrey Cross, and both are available year-around, both would prefer to be a full Commissioner, but both would agree to be an Associate Commissioner. The members felt that Mr. Allen’s experience was particularly strong and therefore he should become a full Commissioner, and we will ask Mr. Cross to become an Associate Commissioner.
Motion made, seconded and unanimously carried to recommend Mr. Allen as a full Commissioner and encourage Mr. Cross to become an Associate Commissioner.
New Business:
1. Lori recommended that when the Town is mailing tax bills to residents, they include a letter of information regarding the resource area that would apply to any resident, because it might decrease violations. I.e., those who live within 100 ft. of the flood zone would receive a letter advising them that before they do any work on their property (like cutting), they should first contact the Conservation Commission. Bob said the Flood Zone is a good place to start because it’s the one least understood. Lori said Eric in Tom Fudala’s office is working on a project and he already has a flood zone and 100 ft. buffer database.
2. Bill Fisher – Santuit River Flume. Bob said we have a serious and immediate situation regarding the Santuit River Flume – it’s about ready to cave. He would like to have Bill Fisher evaluate it, as his specialty is dams and the like. Bob recommended that we pay for this from Conservation funds, because even though we don’t own the land, it is a vital watershed. Chapter 48 doesn’t allow us to spend money on watershed issues, but Bob has been assured by Dave Leveille of the Santuit Pond Committee that if they can’t come up with the money, Bob will get money from the Land Bank Fund and reimburse them at the next Town meeting. Bill Fisher will first give us an estimate for his services.
Motion made, seconded and unanimously carried to approve the use of Conservation funds to hire Bill Fisher as a consultant on the Santuit River Flume.
3. Regulations Committee. Michael said his company has done filings with many other Commissions on the Cape where the applicants are required to supply two copies for the Commission and one for each of the Commissioners, so that the Commissioners have the opportunity to review them ahead of time. In some cases, the applications have to be submitted two weeks before the hearings to allow time for the Commissioners to review them. This is true with Falmouth, Yarmouth, Chatham, Welfleet and other places. He said Notice of Intents can be rather complex, and it would be nice to have a chance to look at them ahead of time. It was agreed to require applicants to supply seven copies of Notices of Intent in the future. It was also agreed that RDA’s and Amended Orders are usually routine, so the
extra copies will not be required for them.
Hearing Agenda
7:00 p.m., Paul R. O’Connell, 99 Monomoscoy Road and Marsh Monomoscoy Rd. West (continued from 12/18/03). Bob said the applicant still has not been able to find a person to do the title search.
Motion made, seconded and unanimously carried to grant a continuation to February 19 at 7:00 p.m., at the request of the applicant.
7:05 p.m., David Goulden, 22 Taffrail Way (installation of new stairwell, deck extension). Raul Lizardi-Rivera represented the applicant and presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:10 p.m., Kathy Cramer, 214 Waterway (construction of pier, ramp and float). Bob said he learned today they have not yet submitted this to the Board of Appeals, so the applicant has requested a continuance.
Motion made, seconded and unanimously carried to grant a continuation to February 5 at 7:30 p.m., at the request of the applicant.
7:15 p.m., Scott Murray, 84 Punkhorn Pt. (vista pruning with maintenance in perpetuity). Brian Casey represented the applicant. Bob recommended approval, contingent on an on-site meeting to agree on the plantings and their placement.
Motion made, seconded and unanimously carried to approve the plan, contingent to an on-site meeting to agree on the plantings and their placement.
7:20 p.m., James and Anne LaGrippe, 15 Ocean Bluff (continued from 1/8/04).
Michael Grotzke represented the applicant. Bob said we won’t be able to close tonight because one of the coastal banks on the property has a violation, but we can discuss other issues. Mr. Grotzke distributed to the members the mitigation plant list prepared by Mary LeBlanc. Mike Talbot questioned the removal of the Sagamore sumac, which has high wildlife value, with a replacement of very low vegetation, much of which has very little wildlife value. Mr. Grotzke mentioned for the first time that he’s working on a vista pruning proposal. Bob said he would not accept a vista pruning application until the mitigation planting has been completed and had some time to get established. Mike and Bob will meet Mr. Grotzke at the site next week to discuss the plantings.
Motion made, seconded and unanimously carried to grant a continuance to February 5 at 7:35 p.m., at the request of the applicant.
7:25 p.m., Kenneth Marsters, Trustees, 10 and 14 South Sandwich Road (removal of vegetation, construction of two driveways and mitigation plantings). Brian Madden represented the applicant and described the plan. Bob asked if the applicant will be able to record this as one Notice of Intent. Bob and Mike will meet Mr. Madden at the site to discuss the plantings.
Motion made, seconded and unanimously carried to grant a continuance to February 5 at 7:40 p.m., at the request of the applicant.
7:30 p.m., Frederic Blythe, 228 Wading Place Road (rearrange boulders for pedestrian traffic). Mr. Blythe was present. Bob said the resource areas have been redefined and the dune has been shown. Bob asked if the rocks shown on the plan are where the rocks are now. Mr. Blythe said for about 25-30 years they have been moved each year because of dredging. He confirmed that the boulders will always be within the footprint shown on the plan.
Mike said that dunes are mounds of unconsolidated sand deposited, there is a lot of evidence of unconsolidated sand being deposited throughout this entire area, and there was no delineation before. Now, the applicant is claiming there is one tiny dune area in an area that’s a spit. Mike said he can’t trust that, and he wants to make sure that that delineation is correct. Bob said we always put on every Order of Conditions that this plan is for this work only, and if they ever apply for any other work on the property, we can require a new delineation.
Mike said his point is that the very fact that a certain area is filled with sand which has been recently deposited seems to him that the Commission should visit the site to be sure that the dune has not become a more significant feature here. He asked if 6” qualifies as an elevation, and he said we should talk about setting any precedents.
Bob said he is satisfied with the delineation. Mike said he still has questions about the dune delineation and therefore would abstain from voting.
Motion to approve the plan was made, seconded and approved by all except Michael Talbot, who abstained.
7:35 p.m., Anthony Gargiulo, 11 Ocean Bluff Drive (construct beach access stairs and walkway). Michael Grotzke represented the applicant and presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
Meeting adjourned at 8:08 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
| 
