MASHPEE CONSERVATION COMMISSION
Minutes of March 18, 2004
Public Hearing
Mashpee Town Hall Meeting Room 1
Commissioners present: Michael Talbot, Vice Chairman, Lloyd Allen, Cass Costa, Jeffrey Cross and Stephanie Jones.
Staff present: Robert Sherman, Agent, Lori Soucy, Assistant Conservation Agent, and Frances Wise, Board Secretary
Michael Talbot, Vice Chairman, called the meeting to order at 6:55 p.m.
Public Hearing: None.
Non-Hearing Agenda
Old Business:
1. Enforcement of Regulation regarding flagging and staking. Bob said he made an on-site inspection this week, and in terms of ill-prepared plans, it was the worst he’s ever seen. He thinks it’s time that we serve notice that we are going to enforce this regulation. He recommended that we provide a checklist to all consultants, advising that if our staff goes to a site and finds that the applicant has failed to follow the routine rules we have for staking and flagging and the check list has three omissions, the application will be denied.
Bob also recommended that at the next Regulations Committee meeting, we increase the continuation fee to at least $100. He said the staking should be complete before the plan is submitted.
2. 43 Shoestring Bay Road. We were notified of a potential problem here in that there is no signoff on the plan, possibly because there was a note by the surveyor that there will be no work within 100 feet of our jurisdiction. When Bob measured the plan, it showed the deck within about 95 ft., so in the future we will have to be more careful about notes on plans. Also, Russ Wheeler went to the site today and found a wall that is not on the building plan. Therefore, the builder will be notified that the work limit for the deck and wall will have to be resurveyed.
Motion made, seconded and unanimously carried to inform the owners that they must do a new survey to show the work limit for the deck and wall.
3. Conservation restrictions. Bob said the Cape Cod Commission is requiring in every town that land to be restricted as to its use be under the Conservation Commission. While Bob generally applauds this, it’s becoming a management problem. He’s not sure how many Conservation restrictions we now have under our auspices, but we are supposed to be inspecting them once a year, but we have not had the staff to do so. Bob suggested that when people want to give land in this manner, they pay a fee. This would enable us to hire a qualified person for a day or two once a year to inspect these parcels.
4. Regulations SubCommittee. Bob reported that this committee met this week at Michael’s home and is making progress. Stephanie is reading through the by-laws to look for inconsistencies and redundancies, and reorganizing the sequence where needed. Len is checking the definitions to see if they need changes or updates. Michael is working on litigation protocol and regulations.
5. Approval of minutes for 2/5/04 and 2/19/04.
Motion made, seconded and unanimously carried to approve the above minutes.
New Business:
1. DEP Mouth of River Maps. Bob distributed to the members a DEP report on this topic which was mailed to him with the request that he give them his comments. The DEP doesn’t mention the Conservation Commission in the criteria they have established. Bob said we are free under our by-law to establish more stringent criteria than those of DEP. He said the Rivers Act regulations are the most complex of the wetlands regulations, and determining the mouth of the rivers is the most complex part of that. It’s a subject we may have to have the Regulations Subcommittee work on.
Hearing Agenda
7:00 p.m., Thomas Duncan, 33 Shoestring Bay Road (continued from 2/19/04). John O’Dea, Sullivan Engineering, represented the applicant. He stated that he is awaiting a response from the Shellfish Commission and requested a continuance.
Motion made, seconded and unanimously carried to grant a continuance to April 1st at
7:55 p.m., at the request of the applicant.
7:05 p.m., Babette E. Liebman, 86 Summersea Road (continued from 2/19/04).
Michael Grotzke represented the applicant and requested a continuation.
Motion made, seconded and unanimously carried to grant a continuance to April 1st at
8:00 p.m.
7:10 p.m., Charles Mirak, 14 Wheeler Road (reconstruct and maintain landing and replace boardwalk). Dave Sanicki represented the applicant and presented the plan.
Motion made, seconded and unanimously carried to approve the plan.
7:15 p.m., Michael Price, 152 Popponesset Island Road (construct pier, ramp and float with MIP).
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 7:30 p.m.
7:20 p.m., Howard Glaser, 397 Great Oak Road (construct single-family home, Title V, driveway, utilities and view corridor).
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 7:20 p.m., at the request of the applicant.
7:25 p.m., Howard Glaser, 397 Great Oak Road (construct single-family home, Title V, driveway, utilities and view corridor).
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 7:25 p.m., at the request of the applicant.
7:30 p.m., Leon Pinsonneault, 7 Cranberry Avenue (demolish and reconstruct dwelling and garage, assessory building, Title V, utilities, driveway, parking and plantings). Dave Sanicki represented the applicant and presented the plan. Bob said he thinks the wetland line has to be reflagged, some of the work limit stations were not defined accurately, and we need to establish the legal number of bedrooms according to the original building permit.
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 8:05 p.m., at the request of the applicant.
7:35 p.m., Rosemary Mitchell, 90 Popponesset Island Road (construct, license dock, ramp, float). Dave Sanicki represented the applicant and presented the plan. Bob said he would like to meet with Mr. Sanicki at the site to fine tune the bank and salt marsh delineations.
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 8:10 p.m., at the request of the applicant.
7:40 p.m., Keyspan Energy Delivery, 452 Nathan Ellis Highway, Route 151 (connect gas service). Coastal Engineering represented the applicant and presented the plan.
Motion made, seconded and unanimously carried to approve the plan pending written confirmation that the taxes have been paid.
7:45 p.m., David Bovarnick, 40 Triton Way (restore and stabilize eroding coastal bank). Carl Johnson represented the applicant and presented the plan. It incorporates an integrated system of geosynthetics which is designed to blend in with the natural environment with the aim of trying to halt a scarp development so it doesn’t turn into a gully and ravine. No heavy machinery will be needed – everything will be brought in by wheel barrels and the work done by hand. Bob said he thinks the plan is well thought out, but there is a continuation of a violation at the top of the bank, so he doesn’t feel comfortable issuing an order of conditions until we have a plan for integrating some plantings there. Bob and Michael will meet at the site to specify the plantings.
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 8:15 p.m., at the request of the applicant.
8:00 p.m., Joseph Allaire and Deborah Grady, 23 Ocean Bluff Drive (adjust relocation of view corridor and remove vegetation.). Michael Grotzke represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve the plan, pending receipt of an acceptable planting plan.
8:05 p.m., Alan Radio, 24 Waterline Drive North (construct single family home, garage, septic, driveway, spa, patio, paths, retaining walls, landscaping, grade changes)
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 7:40 p.m., at the request of the applicant.
8:10 p.m., Nicholas Tagaris, 139 Tide Run (construct single family home, garage, septic, retaining walls, patio, paths, landscaping, grade changes).
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 7:45 p.m., at the request of the applicant.
8:15 p.m., Dr. John Rousou, 90 Summersea Road (addition, driveway, landscaping).
Motion made, seconded and unanimously carried to grant a continuance to April 1st at 7:50 p.m., at the request of the applicant.
8:20 p.m., Jay Rothberg, 42 Fells Pond Road (construct path to pond). Michael Grotzke represented the applicant and presented the plan. Cass reclused herself from this hearing.
Motion made, seconded and unanimously carried to approve the plan subject to receiving an acceptable planting plan of 6-8 plants to compensate for the path, and provision that the work does not extend to the top edge of the herbaceous area.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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