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MASHPEE CONSERVATION COMMISSION
Minutes of December 1, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, and Ralph Shaw.
Staff present: Steven Solbo, Agent, and Frances Wise, Board Secretary.
Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m. He congratulated and welcomed Steve Solbo as the new Conservation Agent.
Public Comment: none.
Non-Hearing Agenda
Old Business: none.
New Business:
1. New Assistant Agent. Steve said Andrew McManus has been recommended and hopefully will be on board on December 12, 2005.
2. New Friday noon deadline for submittal of applications. Steve said he has spoken to Jack and Michael regarding changing the deadline from 3 p.m. to noon on Friday. It was decided that Steve will send notices to consultants and architects, etc. regarding this change.
Motion made, seconded and unanimously carried to approve the deadline for filing from 3 p.m. to noon on Friday.
3. E-mail format. All members welcomed having the agenda sent separately and the agenda with background packet sent separately.
4. Blue Ribbon Committee. Steve said that John Miller came into the office recently. He said that we will get quarterly reports, and he asked that the Commission let him know if we have anything specific to be raised at a meeting. Steve will ask John to send us a memo to update us on what they are focusing on.
5. Approval of minutes of 10/20/05.
Motion made, seconded and unanimously carried to approve the minutes of 10/20/05.
Hearing Agenda
7:00 p.m., Janet Zurier, 14 Magnolia Lane (repair existing retaining wall). Jeff Harper represented the applicant. Steve described the project and recommended approval. Mr. Harper will note in the RDA where there will be a silt fence.
Motion made, seconded and unanimously carried to approve this RDA.
7:05 p.m., William and Maureen McKay, 79 River Road (convert sono tube foundation of present carport to a foundation and slab for a 20’ x 16’ garage). The applicants were present. Steve said the plan is fine, but he received a notice today from the Board of Health that they have insufficient information on the septic system, so there will have to be a continuance. Steve will speak with the Zoning Board of Appeals prior to their next meeting to see if they will refrain from holding up their decision on this project, because the plan is fine with Conservation and it is only because of a minor technicality that we can’t approve it tonight.
Motion made, seconded and unanimously carried to grant a continuance to December 15th at 7:45 p.m., at the request of the applicant.
7:10 p.m., William Burke, New Seabury Properties, Lot 6 Flat Pond Circle (construction of a single-family residence). Laurence Carr, Earth Tech engineer, Amy Green, consultant on wetlands issues, and Mark Romanowicz, New Seabury Properties, represented the applicant. Steve said for the most part these applications come under our jurisdiction because of the ACEC definition of coastal banks. However, his stance is that these are only technically coastal banks because they are inland on the wooded side of the golf course. Mr. Carr said the following 14 applications are for different lot numbers, but all are identical in terms of their substance. He said they don’t have building footprints now, so their intent is to have an order of conditions for each NOI and subsequently amend
these orders as they relate to the building footprint, other impervious surface on the lot, storm water management system on the lot, and vista pruning on certain lots. The yellow areas on the plans indicate a legal requirement on the sale to provide construction easements on the adjoining lots.
Mr. Carr proposed that they be allowed now to do a horizontal vista pruning on lot 18 as a prototype to test how it would work. They would not touch anything in the 15 feet up from the ground. Michael said our vista pruning guidelines relate to the length of the wetland line and a 20% corridor. The purpose is to limit the impact on mass and wildlife nesting habitats. Mr. Carr said in the event that a lot is sold to a third party who wanted to do their own custom residence and New Seabury is not involved, these orders of conditions will be a part of the deed to that land.
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
7:15 p.m., William Burke, New Seabury Properties, Lot 7 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
7:20 p.m., William Burke, New Seabury Properties, Lot 8 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
7:25 p.m., William Burke, New Seabury Properties, Lot 9 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
7:30 p.m., William Burke, New Seabury Properties, Lot 13 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
7:35 p.m., William Burke, New Seabury Properties, Lot 14 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
7:40 p.m., William Burke, New Seabury Properties, Lot 15 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction, including in the areas that are presently cleared in the buffer zone and the coastal bank.
7:45 p.m., William Burke, New Seabury Properties, Lot 16 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction, including in the areas that are presently shown as a right-of-way.
7:50 p.m., William Burke, New Seabury Properties, Lot 17 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction, including in the areas that are presently shown as a right-of-way.
7:55 p.m., William Burke, New Seabury Properties, Lot 18 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction, including in the cleared areas that are presently shown in the resource area and buffer zone.
8:00 p.m., William Burke, New Seabury Properties, Lot 19 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
8:05 p.m., William Burke, New Seabury Properties, Lot 20 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
8:10 p.m., William Burke, New Seabury Properties, Lot 21 Flat Pond Circle (construction of a single-family residence).
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction.
8:15 p.m., William Burke, New Seabury Properties, Lot 22 Flat Pond Circle (construction of a single-family residence). This lot has an existing, right-of-way which is grandfathered and which the applicant wants to maintain.
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions with the condition that any future work, including a footprint for a single-family residence, appurtenances, landscaping, vista pruning, storm water management, etc., will require an Amended Order of Conditions, and until that time no clearing will be permitted within our jurisdiction, except in this case to maintain a legal right-of–way.
8:20 p.m., Quashnet Valley Country Club, 309 Old Barnstable Road (relocate putting green and first tee to allow for construction). Steve had advised the applicant that it was not necessary to have a representative at the hearing. Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:25 p.m., Dennis Kerkado, 184 Captains Row (construct walkway, stairs to pier ramp and float with access stairs, replace fence, utilities and landscaping). Chris Costa represented the applicant and described the plan. Steve said a previous violation on the property has been remedied, the plan meets our standards, and he recommended approval.
Motion made, seconded and unanimously carried to approve this NOI pending notification or oral response from Natural Heritage.
8:30 p.m., Baypoint LLC, Great Oak Road (continued from 11/17/05). Michael McGrath, Holmes & McGrath, represented the applicant and described the revised plan. Steve said the septic system does not fall under our jurisdiction, but he said he would like to see a landscaping plan for areas behind the units directly associated with resource area buffer zones.
Ina Schlobohm, 16 Driftwood Circle, Ed Sarnoff, 25 Driftwood Circle, and Howard Glazer, 66 Waterline Drive, stepped forward to express their concerns about the project. Mrs. Schlobohm said they would like more information about what the buffer zone will be like and how close it will be to their property. Michael said our only concern is protection of the resource areas. He thinks his request will be that there be an amended order showing the landscaping plan for everything in our jurisdiction.
Mr. Sarnoff asked if the buffer zone will be on the amended plan. Michael said the only change is that they have moved the tie-in to the water main so that they no longer have to go into the naturally vegetated wetland.
Mr. Glazer asked to be shown on the plan exactly where the water main will be. Steve advised that the bike trail will require an NOI with engineered plans since this will fall in our jurisdiction.
Motion made, seconded and unanimously carried to approve this NOI pending 1) receipt of a basic landscaping plan for the 50 – 100 ft. buffer within our jurisdiction, 2) receipt of a revegetation plan for the impacts of the water main tie-in, and 3) the provision that we hold this filing open for five additional days for abutters who wish to review the revised plan.
8:35 p.m., Richard Morse, 6 Mariner Lane (construct 12’ x 12’ sun porch on existing deck).
Mr. Morse described the project and Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:40 p.m., Mary Fanous, 58 Spoondrift Way (remove trees, limbs, and replace tree with maple).
Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA with the clear understanding that the replacement tree be a native red maple.
8:45 p.m., Walter and Colette Lankau, 29 Riverside Road (continued from 11/17/05). Ann Steadman Hajduk represented the applicants and described the plan Steve said the new plan addresses the concerns we had, but it was not received five days prior to this hearing.
Motion made, seconded and unanimously carried to approve this NOI with the provision that 1) we will hold this filing open for five additional days for abutters who wish to review the revised plan, 2) the maintenance plan for the designated upland buffer will not be once a year, but rather one a month, and 3) the switch grass on the side of the house will be continued to be side bound.
Meeting adjourned at 9:25 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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