MASHPEE CONSERVATION COMMISSION
Minutes of May 13, 2004
Public Hearing
Mashpee Town Hall Meeting Room 3
Commissioners present: Michael Talbot, Vice Chairman, Lloyd Allen, Cass Costa, Stephanie Jones, 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 Comment: None
Non-Hearing Agenda
Old Business:
1. Quashnet Bogs. Bob said that Bill Fisher has given us his detailed budget schedule for the design and engineering to replace the failed light and water control system at a fee of $4,675, which we can pay from the Cranberry Bog Repair Funds budget. There will be an additional fee for a survey. Bob said Mr. Fisher has done a very good job, and he recommended approval.
Motion made, seconded and unanimously carried to authorize Bob to approve Mr. Fisher’s fee of $4,675.
2. RFAA-SE-43-2213 – 6 Tupsaquin Road. Bob said they want to replace concrete walls with stone retaining walls in the same footprint, and he recommended approval.
Motion made, seconded and unanimously carried to approve RFAA-SE-43-2213.
3. RFAA-SE-43-2222 – 212 Wheeler Road. Bob said this is for replacement of a deck and a stairway, and he recommended approval.
Motion made, seconded and unanimously carried to approve RFAA-SE-43-2222.
4. RFAA-SE-43-2211 – 89 Ocean Bend Way. Bob said this is a request to change the steps on the side of the house from 4x4’ ’to 4x6’, and he recommended approval.
Motion made, seconded and unanimously carried to approve RFAA-SE-43-2211.
5. Repairs to Quashnet River canal leading to water-control structure. Bob said we put in concrete blocks to stop the ATV traffic from crossing the creek and this is working out well, thanks to Perry Ellis who helped supervise that. When they built the new structure they had to completely rip the dam apart and when they put the stones back in on the left side there was sediment winnowing through the stones because they were never properly backed. Dom Crupi did a nice repair job by using some small pieces of sea lock and filter fabric around the stones. Bob asked for Board approval to pay Mr. Crupi’s fee of $800+ from the Cranberry Bog Repair Funds budget
Motion made, seconded and unanimously carried to authorize Bob to pay Mr. Crupi’s fee of $800+ from the Cranberry Bog Repair Funds budget.
6. Regulations Sub-Committee. Michael said he is most concerned about the protocol for mitigation and having a clear sense of what we are potentially going to require. Since he is in charge of this issue, he been jotting down notes. I.e., we generally have had a requirement that shrubs be planted 5 ft. on center, and he thinks that’s too far apart. Barnstable and Falmouth use 3 ft. on center, and he thinks we should allow ourselves the flexibility to require anywhere between 3 to 5 ft. on center. Bob agreed with this, and he added that the plantings must be done as soon as possible --April to May or September to October. If done during the summer, we should have a sub-protocol which would require watering.
Michael said that Falmouth has a three-year management program with some very stringent requirements, such as requiring a bi-annual assessment by an independent consultant who will report back, and anything that has failed must be replaced. The owner could make the assessment if he has some degree of credentials such as being a Masters Certified Horticulturist, a Masters Certified Arborist, or a PWS. The idea would be to create something like our BVW standards which we can hand out, the applicant will know how to do the job in compliance, and will then come back to us. Bob added that by doing it that way, we’ll have fewer unqualified people stepping forward to do the work.
New Business:
1. List of Residents in the Flood Zone and within the 100 ft. Buffer Zone. Lori said she compiled this list with the help of other people at Town Hall. Bob and she recommend sending a letter to these residents saying if they are planning to do any of the work listed, please contact us in advance to be sure it is done in compliance with the Conservation Commission’s regulations and thereby avoid a violation. There are about 3,000 residents on the list and the mailing will cost $900 to $1,000. Bob said the money will come out of the Conservation Fund, which has about $8,000, and we don’t have a way to replenish it. Michael suggested identifying those areas which are the biggest concern to us and starting with them. Cass suggested including our letter with other Town mailings, and/or sending
an informational release to the Mashpee Enterprise to alert residents to Conservation procedure requirements and avoid making a violation. Lori said she was thinking about those two options for the lawn letter, which will go to all residents. Cass said that now that summer residents are arriving, an article in the Enterprise would be a good heads-up for those who are affected by these issues. Michael suggested a postcard instead of a letter. Bob suggested putting together a postcard and letter message for discussion at the next meeting.
Hearing Agenda
7:00 p.m., Tom Smith, 226 Monomoscoy Road (relocate stockade fence and replace another fence). Edward Pesce and Attn. Richard Kane represented the applicant and presented the plan. Bob said they have met our regulations and recommended approval.
Motion made, seconded and unanimously carried to approve the fencing as proposed in the plan.
Brian Wolfset, 59 Meadowbrook Road, objected to the installation of any obstruction on Child’s Road which abuts the property at 226 Monomoscoy Road -- it is not on 226 Monomoscoy Road where they want to install a fence.
Michael said the Conservation Commission has no jurisdiction on issues of property boundaries. We can only address issues that relate to the environmental resource areas and the performance standards of the Conservation Act and By-law. Property boundaries are civil matters, and we cannot address them.
7:05 p.m., Donald Barton, 236 Monomoscoy Road (construct Title V septic, screen porch, wooden deck, repave driveway). Dave Sanicki represented the applicant and presented the plan.
Motion made, seconded and unanimously carried to approve the plan.
7:10 p.m., Jonathan Yohannan, 304 Redbook Road (continued from 4/15/04).
Motion made, seconded and unanimously carried to approve a continuation to May 27th at 7:30 p.m., at the request of the applicant.
7:15 p.m., Anne LaGrippe, 15 Ocean Bluff (continuation from 4/15/04). Michael Grotzke represented the applicant and requested a continuation..
Motion made, seconded and unanimously carried to approve a continuation to June 10 at 7:10 p.m., at the request of the applicant.
7:20 p.m., John Richard, Jr., 218 Wheeler Road (maintain wooden stairway, shed, vista pruning). Dave Sanicki represented the applicant and presented the plan. The previous owner had clear cut the bank and the applicant is proposing to do some mitigation planting. Bob said the applicant’s view corridor already exceeds what is allowed, so he recommended that we defer approval of the view corridor for another year so we can see how the cut shrub layer is growing back.
Motion made, seconded and unanimously carried to approve the plan with the condition that the applicant not do any pruning on the property until the Commission ascertains a year from now if the cut understory layer is growing back and the new mitigation plantings are taking root. If this occurs, the applicant can come back to us at that time with an amended order for approval of the view corridor shown in the present plan.
7:25 p.m. Bayswater Development, LLC. Bob said he has walked the wetland line with Carl Smith and what he saw so far is fine, but some more flagging is needed.
Motion made, seconded and unanimously carried to approve a continuation to May 27 at 7:35 p.m., at the request of the applicant
7:30 p.m., Bayswater Development, LLC. Bob said they are asking for another continuation. Michael said he thinks we should advise them that they will have to pay a fee every time they request another continuation or they can withdraw the application and file a new one when ready.
Motion made, seconded and unanimously carried to approve a continuation to May 27 at 7:40 p.m., at the request of the applicant. It was agreed that they will have to pay a fee for this continuation and any future one, or they can withdraw the application.
7:35 p.m., Deborah and Johanne Carr, 137 Shore Road (pump and remove cesspools and fill with sand, install Title V, encased water service). Dave Sanicki represented the applicant. Bob described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:40 p.m., Richard Gray, 177 Uncle Percy’s Road (addition, landscaping, grading, patio, septic and plantings). Michael Grotzke represented the applicant and described the plan. The house as it was constructed has four bedrooms, but the septic system on record appears to list three bedrooms. Bob said if he goes into the Building Department files and finds that the building permit listed three bedrooms for the original septic system, the applicant would have to install a denitrification septic if there are now four bedrooms, unless he can prove the ground water flow is towards the sound. We could close now pending verification that four bedrooms are legally permitted, but if only three are now permitted, the applicant would have to open a new filing.
Motion made, seconded and unanimously carried to approve the plan pending verification that the house has four legal bedrooms.
7:45 p.m., Anthony Gargiulo, 11 Ocean Bluff Drive (retaining wall, plantings). Michael Grotzke
represented the applicant and described the plan. Lori said she visited the site and didn’t see any problems.
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Motion made, seconded and unanimously carried to approve the plan.
7:50 p.m., Peter Maglione, 30 Ockway Bay Road (continued from 4/29/04). John Slavinsky represented the applicant. Bob said this was a case occasioned by his giving a certificate of compliance inspection and turning the owner down because the pool fence was moved out from pool. We had negotiated to keep the true 50 ft. buffer to the wetland. We had it, and now we don’t have it, and now he’s applying for an amended order for approval of what he did incorrectly. Bob said he has suggested to Mr. Slavinsky that they walk the property and see if there is some significant mitigation available – more than the standard formula.
Mr. Slavinsky then described a large dog pen which Mr. Maglione installed, which was never shown on the plan. The greatest distance of the pen from the buffer zone is 35 ft. and the pen is easily 10 times larger than what was shown in the plan.
Motion made, seconded and unanimously carried to deny approval of the pen.
7:55 p.m., Armando Vicente, 60 Cove Road (continued from 4/29/04). John Slavinsky represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve the plan pending approval of an appropriate vegetation plan.
8:00 p.m., Peter Hinden, 127 Shore Drive (continued from 4/29/04). Bob described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
8:05 p.m., Dream Developers, 31 James Circle (continued from 4/29/04). John Slavinsky represented the applicant and presented the new plan which integrates two previous plans.
Motion made, seconded and unanimously carried to approve the plan.
8:10 p.m., Lewis Rubin, 43 Tide Run (removal of Phragmites and restore plantings). John Bresnehan represented the applicant and presented the plan. He said all the work will be supervised by him or done by him, and will continue until the Phragmites are removed.
Motion made, seconded and unanimously carried to approve the plan
8:15 p.m., Peter Regan, 251-C3 Shore Road (removal of Phragmites and enhance wetland plants). John Bresnehan represented the applicant and presented the plan. He said the Notice of Intent says there will be a site map on the plan, and inadvertently it is not there, but this will be corrected.
Motion made, seconded and unanimously carried to approve the plan, with the condition that if we find anything that needs to be changed on the plan, the applicant will have to refile.
8:20 p.m., Russell Ferrigno, 27 Greensward Road (transform area to grassland habitat). John Bresnehan represented the applicant and presented the plan. He will do the work himself.
Motion made, seconded and unanimously carried to approve the amendment.
8:25 p.m., James DeVincent, 122 Old Brickyard Road (replace sand, retaining walls, walkway, landscaping). John Slavinsky represented the applicant and presented the plan. The sand will match what is there. Bob said the existing beach is pretty much washed away and asked that we condition that at the edge of the existing sandy beach area landscape timbers are used.
Motion made, seconded and unanimously carried to approve the amendment with the condition that landscape timbers be placed above MAFL.
Meeting adjourned at 8:35 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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