MASHPEE CONSERVATION COMMISSION
Minutes of April 1, 2004
Public Hearing
Mashpee Town Hall Meeting Room 1
Commissioners present: Michael Talbot, Vice Chairman, Leonard Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, Cass Costa, and Ralph Shaw.
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. Division of Marine Fisheries. Since the DMF has started to send us memorandums on dock proposals and other NOI’s regarding banks, shellfish and land under the ocean, Bob prepared a rough draft entitled “Suggested Protocol for Reviewing Projects Involving Alterations in Land Containing Shellfish”, which he distributed to the members as well as to the DMF and Rick York. Bob said he is grateful for the DMF’s new involvement because of their knowledge of shellfish resources, and he wants to develop a protocol as to how we take their input and Rick York’s input and make our decisions. He thinks that in the past we have not given this subject as much attention as it deserves, especially in terms of our by-law, which says that we can address cumulative effects. The DEP has not looked at
cumulative effects. Bob has a meeting tentatively set for next Tuesday with Rick York and the DMF.
2. Holmes & McGrath request. Bob said this request regards three lots on Triton Way where the revetment is failing and they need to do some repairs. The water is too deep to the east and west for equipment to cross the tidal flats, the marine contractor stated a practical inland access does not exist, and the water is too shallow for barges to come in close enough to offload stone and equipment. The Commission allowed concrete or flowable fill to be used to repair the riffraff. The general consensus among coastal engineers and coastal geologists is that if you fill in with riffraff, you are allowing for great runoff of waves and more damage. Where we have allowed it in the past (like a tide watch) has only allowed setting the stones internally, but the exterior of the stone should be dropped and opened to
allow for wave energy.
Michael asked what the nature of the damage is and are they literally proposing that they will just concrete surface over? Bob said 1) the problem is not very specific and 2) he’s not sure there isn’t another alternative. He knows there are some other repairs coming forward in the next few months where they intend to build sand ramps, which provide nourishment. But a sand ramp could be in place for a week and gone over night in a storm, including the equipment. He would like to discuss this with Jim O’Connell, now with the Sea Grant Program, and with someone at CZM and ask why some alternatives haven’t been explored.
3. Public Announcement. Bob distributed to the members a Public Announcement written by Lori which alerts residents to the deleterious effect of nitrogen in lawn fertilizers to our waterways, resulting in decreased water quality, increase in macroalgae and in severe cases anoxia, loss of biodiversity and fish kills. The announcement requests residents to consider grass seed species that will need less fertilization and to adopt lawn practices that will have less injurious impacts to our waterways, and invites residents to visit our office for specific information on how to implement this. Bob said they will put together a package of information, and they plan to start with Captain’s Row.
Michael said that Falmouth is working on their Friendly Lawn Program, and he suggested getting some of their brochures.
4. Chapter 91 new information. Bob said Pauline prepared this information which was in each member’s mailbox. He commended her for this – it was her idea. He also expressed his gratitude to Lori and Aqua for their good work.
5. Southport Beach on Johns Pond. Bob distributed to the members correspondence he has had with Turfgrass Environmental Consultants regarding their request for his opinion on the feasibility of obtaining the local and state wetland permits required for construction of a beach and/or parking area. Bob replied, “Realistically, in my opinion, the beach project as described in your letter seems to have a virtually non-existent chance of an approval.” No action was required by the Commission.
6. “40 B” – Jobs/Whiting Road Residential Development. Bob distributed to the members his memo to Joyce Mason of 3/22/04 in response to her request that he review the plan submitted. Bob stated that the plan does not enable us to meaningfully evaluate what may be jurisdictional issues and/or potential impacts to wetland resource areas and wetland interests/values, and said it would be advisable for the technical consultants for the project confer with this office before proceeding further.
7. Thornton Burgess Society. Bob said we have a request for youths 9-11 years old to canoe up the Mashpee River and explore the banks for flora and fauna. Bob said we have approved these activities before and he would again tell them “Try to leave no evidence they were there,” and he assumes it’s ok to approve this request. All agreed.
8. RFAA-SE 43-2200 – 42 Fells Pond Road. Bob said we had approved a stone patio, and Chilton Development is now asking for approval to put in a wooden deck of the same size instead.
Motion made, seconded and unanimously carried to approve this administrative approval.
New Business: none
Hearing Agenda
7:00 p.m., Bayswater Development, LLC, New Seabury Properties (verification of resource area delineation). Carl Smith, Earth Tech, represented the applicant. Bob said he has probably received more phone calls on this property than anything else in 15 years. He tells the callers that no work will result from this ANRAD. Rather it is merely to ascertain the limits of jurisdictional resource areas under the Act and By-Law so that the planning can be done.
This matter could not be approved at this meeting, but Bob said we need to go on record regarding what we will require. 1) the AD scale is too large, 2) the plans must be stamped, 3) the map and block must be shown on individual plans, 4) the plans must have a legend,
5) we have to be sure the flagging on the plan is fresh, so it has to be reflagged, 6) some reference points should be added to the plans where there are no discernable landmarks,
7) some things don’t add up, i.e., ET4 shows a straight line going for 150 ft. or more, yet the contour for the typography is curved, 8) the numeration is erratic, i.e., sometimes arabic numbers, sometimes decimals, sometimes flag numbers, sometimes numbers are skipped, 9) on ET8, the flagging should continue at least 100 ft. off the edge of the parcel.
In addition, Bob said this project is so vast that it would tax the department in terms of time and capacity. We are barely able to keep up with the normal hearings, so he and his staff can’t take a whole week to do delineation work on one project. Therefore, we may have to invoke our capacity to bring in an outside firm. Bob suggested that he and Michael take a half day to look at some of these areas to know what needs to be shown on the plans.
Motion made, seconded and unanimously carried to grant a continuance to April 29 at
7:00 p.m., at the request of the applicant.
7:05 p.m., Bayswater Development, LLC, 73 Seanest Drive (construct single family house, driveway, patio and yard). Carl Smith, Earth Tech, represented the applicant. Bob said that we can not hear this application because of litigation with the Cape Cod Commission as to whether or not this is a DRI, and we have been advised by Town Counsel to stick to that.
Motion made, seconded and unanimously carried to grant a continuance to April 29 at
7:05 p.m., at the request of the applicant.
7:10 p.m., Charles Nirenberg, 28 Triton Way (beach nourishment and maintenance of an existing stone revetment). Cass reclused herself from this hearing. Sara D’Agostino, coastal geologist, represented the applicant and presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:15 p. m., Dan Baker, 2 Sunset Circle (replace grass with stones, walkways, drywell, plantings). Patrick Ball represented the applicant. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:20 p.m., Howard Glaser, 397 Great Oak Road (continued from 3/18/04). Cass reclused herself from this hearing. John Slavinsky represented the applicant and presented the plan.
Bob said 1) the plan does not show the work limit numbered and lettered by stations, 2) on the earlier plan, the BVW line disappeared, now it’s returned, but he thinks its not as high as now shown, and 3) the earlier plan showed contours, and the new one doesn’t but should.
Motion made, seconded and unanimously carried to grant a continuance to April 15 at
7:35 p.m., at the request of the applicant.
7:25 p.m., Howard Glazer, 403 Great Oak Road (continued from 3/18/04). John Slavinsky represented the applicant and presented the plan.
Motion made, seconded and unanimously carried to grant a continuance to April 15 at
7:40 p.m., at the request of the applicant.
7:30 p.m., Michael Price, 152 Popponesset Island Road (continued from 3/18/04). Dave Sanicki represented the applicant and presented the plan.
Motion made, seconded and unanimously carried to approve the plan.
7:35 p.m., Molly Johnston, 23 Fiddler Crab Land (replace failed septic system with a Title V).
Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:40 p.m., Alan Radio, 24 Waterline Drive North (continued from 3/1/84).
Motion made, seconded and unanimously carried to grant a continuance to April 15 at
7:15 p.m., at the request of the applicant.
7:45 p.m., Nicholas Tagaris, 139 Tide Run (continued from 3/18/04).
Motion made, seconded and unanimously carried to grant a continuance to April 15 at
7:20 p.m., at the request of the applicant.
7:50 p.m., Dr. John Rousou, 90 Summersea Road (continued from 3/18/04). Michael Grotzke represented the applicant and presented the plan. Michael Talbot said when he visited the site he noticed that there had been some topping of trees on the seaward side of the house about two or three years ago, and he suggested that since there are going to be some alterations to the plan, it would make sense to include some mitigation plantings. Bob will meet with Mr. Grotzke at the site to decide on the plantings.
Motion made, seconded and unanimously carried to approve the project pending receipt of a revised plan.
7:55 p.m., Thomas Duncan, 33 Shoestring Bay Road (continued from 3/18/04). John O’Dea represented the applicant. Bob said this has been held up because the Division of Marine Fisheries has raised an issue. Bob had an appointment with them today but they had to cancel, and the meeting is now scheduled for next Tuesday to work out a solution which will serve as a precedent for this type of issue in the future.
Motion made, seconded and unanimously carried to grant a continuance to April 15 at
7:45 p.m., at the request of the applicant.
8:00 p.m., Babette E. Liebman, 86 Summersea Road (continued from 3/18/04). Cass reclused herself from this hearing. Michael Grotzke represented the applicant and requested a continuance because Bob Gray, the consultant who has been retained to do the wildlife habitat evaluation of the property, has not made his report. Mr. Grotzke requested that Bob be authorized to meet with him and Mr. Gray to work out the mitigation plan. Bob said he would not want to work on a mitigation plan until the Commission has talked to Bob Gray about his findings. Bob added that the issue still remains as to whether or not this project can be mitigated to meet the performance standards of our By-law. He will write a question form which will lay out the wildlife habitat issues for Mr. Gray, Mr. Grotzke, and the
Commission. Michael Talbot will go to the site to view the trees which have now been flagged for removal.
Motion made, seconded and unanimously carried to grant a continuance to April 29 at
7:10 p.m., at the request of the applicant
8:05 p.m., Leon Pinsonneault, 7 Cranberry Avenue (continued from 3/18/04). Dave Sanicki represented the applicant. Bob said he met with Mr. Sanicki at the site and they discussed some adjustments regarding the flags and the requisite numbered stations for the work limit. The revised plan includes one additional flag, but not the numbered stations.
Motion made, seconded and unanimously carried to grant a continuance to April 15 at 7:50 p.m., at the request of the applicant. A continuance fee will be levied.
8:10 p.m., Rosemary Mitchell, 90 Popponesset Island Road (continued from 3/18/04). Dave Sanicki represented the applicant. He said he met with Bob met at the site and Bob determined that the wetlands shown were very conservative, and there were some adjustments at the top of the coastal bank, and the revised plan addresses these issues. Bob said the revised plan does not show any changes in the flags or stations.
Motion made, seconded and unanimously carried to grant a continuance to April 15 at 7:55 p.m., at the request of the applicant.
8:15 p.m., David Bovarnick, 40 Triton Way (continued from 3/18/04). Sara D'Agostino represented the applicant. Bob described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
8:20 p.m., Robert Mortimer, 68 Captain’s Row (repair an iced damaged pier). Mark Burtis represented the applicant and presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
8:25 p.m., Richard Kearney, 429 Monomoscoy Road (demolish and reconstruct house, upgrade septic, driveway, grade, retaining wall and patio). Michael Grotzke represented the applicant. He said there will be four bedrooms and they are adding a denitrification septic system.
Judith Armstrong, 431 Monomoscoy Road, expressed concern about how the sea wall will be replaced without her whole front yard going into Little River. The area in front of the sea wall is quite prolific as far as shell fishing is concerned. The channel is 4-5 ft. maximum already, and if it all caves in, she doesn’t know who will be responsible.
Bob said they have discussed similar situations with Town Counsel. The structure is not illegal. The owner has the right to let his property deteriorate. However, he doesn’t have the right to let it deteriorate if it affects a neighbor’s property, but that’s a civil matter between the two parties. Mr. Grotzke said the plan is to maintain an access on the right side to allow small equipment to go through if necessary. Bob recommended that in the Order of Conditions we state that it is desirable for the applicant to check on the stability of the sea wall and suggest that he give us a report within six months on what remediation can be done.
Richard Kuusela, 431 Monomoscoy Road, expressed his concern about how the septic system will affect his well. Mr. Grotzke said the new denitrification system will highly mitigate any problem, and it will have to be approved by the Board of Health.
Tom O’Neill, landscape designer on the project, cited the beneficial plantings that will be done.
Mark White, 425 Monomoscoy Road, asked if the plan meets all the Town’s by-laws – are there any waivers? Michael said the Zoning Board of Appeals will advise him on that.
Motion made, seconded and unanimously carried to approve the plan.
8:30 p.m., Mashpee Wampanoag Indian Tribal Council, Popponesset Bay (seed shellfish). Rick York represented the applicant and presented the plan. He said the project will benefit the Town in two ways: the shellfish will contribute to the resources in that area and remove nitrogen in the watershed. There will be no alteration to the land under the ocean and no trays. The project has been approved by the Shellfish Commission and the Harbormaster.
Motion made, seconded and unanimously carried to approve the plan.
Meeting adjourned at 8:50 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
| 
