MASHPEE CONSERVATION COMMISSION
Minutes of May 27, 2004
Public Hearing
Mashpee Town Hall Meeting Room 1
Commissioners present: Leonard Pinaud, Clerk, Lloyd Allen, Cass Costa, Jeffrey Cross, Stephanie Jones, and Ralph Shaw.
Staff present: Robert Sherman, Agent, Lori Soucy, Assistant Conservation Agent, and Frances Wise, Board Secretary.
Ralph Shaw, Acting Chairman, called the meeting to order at 6:55 p.m.
Public Hearing:
Pat Butler, representing Willowbend Development Corporation, gave a presentation on two conservation restrictions that are being proposed to be granted pursuant to the development impacts permit that was approved by the Cape Cod Commission for the 9-hole golf course expansion project. He distributed to the members two documents describing the plan. Patrick Costello has approved the master form. He requested the members’ approval and signature on two conservation restrictions, which would be subject to approval by Mr. Lerner at EOEA and the Board of Selectmen. He conveyed Bruce Bessie’s appreciation to the Commission and particularly to Bob Sherman for the many matters presented to the Commission on this issue over the years.
Motion made, seconded and unanimously carried to approve the final plans subject to the approval of the Board of Selectmen and Mr. Lerner at EOEA.
Non-Hearing Agenda
Old Business:
1. RFAA –SE 43-2120 – Mr. Coffey, 71 Meadowbrook Road. Bob described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this administrative approval.
2. Regulations Sub-Committee. Bob said the first priority is to address the on-going violations of removing vegetation. Michael is working on a protocol for a standard set of procedures for revegetating.
3. Payment for services. Bob said that when John Johansen was a member, he and John (mostly John) had done a lot of work on our instruction sheets and the NOI package and found a few incompatibilities between the new NOI forms and the instructions sheets. Bob has now asked John to continue this work and requested that he be paid for it. Bob recommended $25 per hour.
Motion made, seconded and unanimously carried to approve $25 per hour payment to John Johansen for the above work.
4. Additional fees for review of files. Bob said that Sandwich charges an additional fee for checking files for completeness. Bob hasn’t had time to do this, and occasionally we have been missing things. He thinks we should consider a fee to hire someone not to check environmental effects and the performance standards, but just to check files for completeness. That’s what John Johansen used to do.
5 A. Lori announced that she will be resigning effective June 25, 2004 in order to pursue a new career.
B. Bob announced that he will be resigning in October 05. He thinks there are a number of procedural things which could be handled better and we ought to look to the Commissioners to be more involved. Also, the replacement for Lori should be someone who could replace Bob. Joyce Mason has recommended that the Assistant Conservation Agent be a full-time position. He said that the Steering Committee needs to talk about the things that aren’t being done well now, i.e., we have hundreds of COC’s that have not been done.
6. The Acting Chairman appointed Jeffrey Cross to be empowered to sign an agreement with AFCEE for the right of entry.
7. Approval of minutes for 4/15/04 and 4/29/04.
Motion made, seconded and unanimously carried to approve the above minutes.
New Business: none
Hearing Agenda
7:00 p.m., Paul O’Connell, 99 Monomoscoy Road West and Marsh Monomoscoy Road West. Bob said there is an on-going legal investigation regarding property ownership and they requested a continuation.
Motion made, seconded and unanimously carried to approve a continuation to June 24 at 7 p.m., at the request of the applicant.
7:05 p.m., Duco Associates, 115 Popponesset Island Road (install fast system, replace 1500 gallon tank, addition to a pool). Margaret Fitzgibbon represented the applicant and described the project. She requested approval of the pool and fast system tonight. Bob recommended approval of the pool and fast system tonight, and that he and Ms. Fitzgibbon meet tomorrow to file an RDA for the 3,500 sq. ft. for the 1,500 gallon tank.
Motion made, seconded and unanimously carried to approve the pool and fast system plan, with the understanding that the applicant will file an RDA for the 3,500 sq. ft. for the 1,500 gallon tank.
7:10 p.m., Lori A. Soucy, (6 Slippershell Road (install raised garden and repair deck). Ms. Soucy was present. Bob described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:15 p.m., Judy Miller, 2 Popponesset Island Road (landscaping plantings). Tom Jalowy represented the applicant and presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this amendment.
7:20 p.m., John West, 26 Russell Road (replace two galvanized pipes with wooden pilings). Mr. West presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:25 p.m., Margaret McConnell, 7 Harbor Ridge (replace Arbor Vitaes with Leyland Cypress).
Bob described the project and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:30 p.m., Jonathan Yohannan, 304 Redbrook Road (continued from 5/13/04). Bob said Dave Sanicki has submitted revised plans to pull the house back to 50 ft. from the buffer zone, but they need a continuation because the plan wasn’t submitted until yesterday. He recommended that there be no fee because this is a desirable change.
Motion made, seconded and unanimously carried to approve a continuation to June 10th at 7:30 p.m., at the request of the applicant.
7:35 p.m., Bayswater Development, LLC, New Seabury Properties (continued from 5/13/04).
Karl Smith represented the applicant. Bob said he and Karl verified a lot of the flags, but there are more to be done. He recommended that we put into the records that they have requested that two coastal bank delineations that had previously been approved by us are still valid – the coastal bank for SE 43-2119 issued in June 02, and coastal bank for SE 43-2195 issued in May 2003. Bob concurred that they are still valid and therefore the applicant can incorporate them into this ANRAD. Bob said there’s another set of flags for coastal banks involved with SE 43- 1995 which have expired, and he has asked Mr. Smith to reflag them so we can verify them again. Bob said that National Heritage has stated that there is a vernal pool on the property, and we have to verify if this is so. Also, he
requested that Mr. Smith provide us with a chart showing the GPS coordinates of flagging. We will then reference in the ANRAD that it exists, so that when work commences on other filings based upon this ANRAD, they are available for the engineer to use.
Motion made, seconded and unanimously carried to approve a continuance to June 24 at 7:05 p.m., at the request of the applicant.
7:40 p.m., Bayswater Development, LLC., 73 Seanest Drive (continued from 5/13/04). Bob said this will have to be continued because it is still in litigation.
Motion made, seconded and unanimously carried to approve a continuance to
August 5th at 7 p.m., at the request of the applicant.
7:45 p.m., Bright Coves Village Committee, 17 Cross Tree Way (approve a path on reserved area). Nikki Descoteaux represented the applicant and presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:50 p.m., Paul and Helen Zammito, 4 Spoondrift Circle (raze existing house and construct new house, clearing, grading and landscaping). Tom Bunker represented the applicant and described the plan. Bob said we have to resolve the number of legally approved bedrooms.
Motion made, seconded and unanimously carried to approve a continuance to
June 10 at 7:40 p.m., at the request of the applicant.
7:55 p.m., Gerald Schulze, 112 Old Brickyard Road (construct a wooden deck). Mr. Schulze presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
8:00 p.m., Ed Rubin, 149 Popponesset Island Road (install septic, relocate gas and water service, encase water service, driveway, replace lawn). Bob described the plan and recommended approval. He had one question regarding relocating two trees, but it’s not something we could condition. Dave Sanicki said he would ask the owners if they will agree.
Motion made, seconded and unanimously carried to approve the plan.
8:05 p.m., Mark Gurnee, 22 Little Neck Lane (install a shed). Mr. Gurnee was present. Bob described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
Meeting adjourned at 8:10 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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