MASHPEE CONSERVATION COMMISSION
Minutes of June 10, 2004
Public Hearing
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Leonard Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, 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 Comment: None.
Non-Hearing Agenda
Old Business:
1. RFAA-SE 43-2139. Bob said this is a 40D project on Meetinghouse Road where they are asking to reorient some of the building footprints. He recommended approval.
Motion made, seconded and unanimously carried to accept this administrative approval.
2. Rules and Regulations for Conservation Land (Chapter 173 of Mashpee Code). Bob distributed to the members for their input a draft of changes written by Diane Boretos. He thinks we should reformat a set of rules and write a handout to owners.
3. Planting plan for 46 Triton Way. Bob said that the owners put in a larger lawn than shown on the plan. They have now given Bob a plan which would return it to what was permitted and even a bit better. This will be handled by an enforcement order.
Motion made, seconded and unanimously carried to approve the planting plan through an enforcement order with the provision that Arrow-wood be substituted for Swamp Azalea.
4. RFAA-SE 43-2220. 31 James Circle. Bob said they came to us for a vista pruning and they now want to change the view corridor. He recommended approval.
Motion made, seconded and unanimously carried to accept this request for an administrative approval.
5. Failed repair of dike at Quashnet bogs. Bob met Bill Fisher at the site, who suggested a simpler way of fixing it. Mr. Fisher has written a job description. They asked Jeff Bond, who did a very good job on repairing the John’s Pond flume and fish ladder, to review the job description and give us his suggestions. The job is estimated to be under $10,000 and we will get three estimates from marine contractors. Bob estimates that landscaping will be under $1,000. We will pay these fees out of our bog money because the problem was caused by muskrats.
6. Regulations Subcommittee.
A. Bob said he received yesterday some revised regulations from the DEP. He doesn’t think any are very substantive, but he hasn’t had a chance to read them to see how they mesh with ours. However, every time DEP changes a regulation, we have to change ours in response.
B. Lori said the members have received draft of the lawn letter. The question is do we mail it to everyone or send an announcement to the Mashpee Enterprise. Perhaps we should start with the Captain’s Row residents and get their response. She will put the lawn letter in the members’ mail boxes again.
Regarding the communication to owners who are in the flood and buffer zone, she thinks a postcard is too small to convey the message. The question is do we send it out in sections or all at once. She thinks there are about 3,000 names on the list. Bob said the only funding we have for this is the Conservation Trust Fund which was set up under Chapter 48C about 12 years ago with court settlement money which isn’t going to be replenished. If we get a huge response, we could have a problem handling the inquiries since we will be without an Assistant Agent for a while. Stephanie has offered to answer the phone inquiries if we do get a huge response. Len suggested we put it on the website as well as in the newspaper. Stephanie suggested
sending a postcard saying, “You are in the flood zone. Please come to the Conservation Commission for information about the rules and regulations which are jurisdictional for your property.” We would then hand them the letter. Bob recommended first putting the information (including a map showing the flood and buffer zones) in the newspaper and on the website and see what response we get.
New Business: None.
Hearing Agenda
7:00 p.m. and 7:05 p.m., Babette E. Liebman, 86 Summersea Road (continued from 4/29/04).
Motion made, seconded and unanimously carried to approve a continuation to July 8th at
7 p.m. and 7:05 p.m., at the request of the applicant.
7:10 p.m., Anne LaGrippe, 15 Ocean Bluff (continued from 5/13/04). Bob said this has been held up because the applicant has not completed the revegetation for the violation.
Motion made, seconded and unanimously carried to approve a continuation to June 24th at
7:55 p.m., at the request of the applicant, and charge the applicant a fee for this continuance.
7:15 p.m., Edward Deveau, 188 Ninigret Avenue (remove existing septic, install Title V septic and pump with micro-fast denitrification unit). Dave Sanicki represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve the plan.
7:20 p.m., Michael and Merri Lee Bartolowmeo, 23 Spoondrift Way (re-grade and
re-landscape driveway, stone walls and steps, extend two retaining walls and build patio). Rebecca Perry represented the applicant and described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:25 p.m., John Nahigian, 14 Little Neck Lane (reconstruct, extend an existing pier ramp and float, repair existing evaluated stairway with maintenance in perpetuity). Bob visited the site and discovered some violations -- vegetation was removed on the coastal bank using chemical defoliants, and the engineer did not show numbered stations at the top of the bank and salt marsh. Bob will meet tomorrow with the applicant to discuss revegetation. He recommended we get a quick agreement on the revegetation, the applicant do the planting, and when we issue an order of conditions we note that it will be maintained in perpetuity. Jack read a letter for the record from the Shellfish Department on the project. Bob said the problem they raised can be included in the order of conditions. He added that the water
depths reported by the engineer don’t look accurate, and even the applicant’s consultant agreed on this.
Motion made, seconded and unanimously carried to approve a continuation to June 24th at
7:50 p.m., at the request of the applicant.
7:30 p.m., Jonathan Yohannan, 304 Redbrook Road (continued from 5/27/04). Dave Sanicki represented the applicant and described the revised plan. There is a pending request before the Board of Appeals for this construction. He said they have a 1.5 acre lot and most of it is in the
flood zone. So the plan is very tight and they will have to be extremely careful when they do the excavation, but it can be done. Bob thought we should condition that the work limit be permanently established by means of a fence. Mr. Sanicki will consult with his client on the type of fence. Bob said National Heritage does not have a concern. Jack said the Division of Fisheries and Wildlife said in a letter that the proposed project does not adversely affect the wildlife habitat.
Tom Quinn, a neighbor, asked to see the new plan, and he thought the ACEC line was different from the original plan. After considerable discussion, it was determined that it was the same.
Motion made, seconded and unanimously carried to approve the plan.
7:35 p.m., Joseph Del Vecchio, 68 Monomoscoy Road (install an irrigation system). Mr. Del Vecchio presented the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:40 p.m., Paul and Helen Zammito, 4 Spoondrift Circle (continued from 5/27/04). Tom Bunker represented the applicant. He said that the Building Department advised him that the house is permitted for only three bedrooms. Because having a fourth bedroom would require an advanced septic system, the applicant has decided to reduce the number of bedrooms on the plan to three. The architect is now working on the drawings. Jack read a report from the Health Department saying the application is incomplete.
Motion made, seconded and unanimously carried to approve a continuation to June 24th at
8:00 p.m., at the request of the applicant.
7:45 p.m., Ken Marsters, 12 Wintergreen Road (construct single family dwelling, drywells, landscaping).
Motion made, seconded and unanimously carried to approve a continuation to June 24th at
7:45 p.m., at the request of the applicant.
7:50 p.m., Duco Associates, 115 Popponesset Island Road (establish and maintain a naturally vegetated buffer strip). Bob said Margaret Fitzgibbon, who represents Duco Associates, was supposed to be here but is not. At the last meeting we approved the pool, but the amount of natural vegetation to be left on the property had not been clearly shown. He met with her last Friday, her clients were not happy with the plan, and she was supposed to have a new plan at this meeting. He recommended that we continue the hearing and that the Board vote to direct him to advise the applicant that we will not issue a permit for the pool until we have an acceptable plan for the amount of vegetation that should be left according to Chapter 172.
Motion made, seconded and unanimously carried to 1) approve a continuation to June 24th at 8:05 p.m., at the request of the applicant, and 2) direct the Agent to advise the applicant that we will not issue a permit for building the pool until we have an acceptable plan for the amount of vegetation that should be left according to Chapter 172.
7:55 p.m., Willowbend Development Corp. LLC, 37 Shoestring Bay Road (construct pier, ramp and float, water and electrical lines and a boat house).
Motion made, seconded and unanimously carried to approve a continuation to June 24th at
7:35 p.m., at the request of the applicant.
Meeting adjourned at 8:09 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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