MASHPEE CONSERVATION COMMISSION
Minutes of November 17, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, and Ralph Shaw.
Staff present: Steven Solbo, 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. Callis land purchase. Steve said we accepted this a while ago, and he asked the members to sign the deed.
2. Approval of minutes for 10/6/05.
Motion made, seconded and unanimously carried to approve the above minutes.
3. Violation at 196 Wheeler Road. Abutter said there was a violation, but Steve said he investigated and found no violations.
New Business:
1. Peck property donation. Steve said this piece of land on Quinaquisset has been donated to the Conservation Commission because it is unbuildable. It is adjacent to the Mashpee Woodlands.
2. Assistant Conservation Agent. Steve said we accepted applications up to November 10th and we have 17 applicants. Joyce Mason, Marilyn Farren and Steve will interview them this Monday. Steve said if any of the members have an interest in being present for this first round of interviewing, he will clear it with Marilyn.
3. Steve announced that he is going to apply for Wetland Professional in Training Certification.
4. RFAA 43-2282. Lurie, 29 Shoestring Bay Road. Steve described this project and recommended approval.
Motion made, seconded and unanimously carried to approve this administrative approval.
Hearing Agenda
7:00 p.m., Richard Brady, 256 Monomoscoy Road (maintain and repair existing concrete block retaining wall). Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:05 p.m., Janet Procek, 12 Great River Road (construct, license and maintain in perpetuity a pier, ramp, float and fender piles). Dave Sanicki and Mark Burtis, Little River Boatyard, represented the applicant and described the project. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:10 p.m., Walter and Colette Lankau, 29 Riverside Road (driveway renovations, landscaping, and lawn). Ann Hajduk represented the applicant and described the project. Michael said that typically when a proposal is brought before the Commission, the 50 ft. buffer is identified on the plan, the resource areas are flagged, and contour lines are shown. He is having trouble figuring out where the resource areas are and possible impacts. This becomes a plan of record by which future projects can be adjudged, and without delineation of the resource areas, it sets a precedence that leaves open all sorts of interpretations in the future. Also, in exchange for adding a significant area of fine lawn, he’d like to see a plan to limit mowing the lawn. Steve suggested asking the applicant to
present a new plan that will show the resource areas and include a maintenance and mitigation plan.
Motion made, seconded and unanimously carried to grant a continuance to December 1st at 8:45 p.m., at the request of the applicant.
7:15 p.m., John Rogers, 39 Popponesset Island Road (rebuild a wooden retaining wall with steps). Mark Burtis, Little River Boatyard, represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., Robert Bateman, 74 Ninigret Avenue (continued from 11/3/05). Dave Sanicki represented the applicant and described the new plan. He said he’s asking for a 13 ft. variance from that proposed by the previous plan. Michael said that if they need to fill this area in order to meet the variance, that would be fine with us if they give us a good revegetation plan with native shrubs along that work limit, so that native vegetation will be reestablished there. Michael and Steve will meet with Mr. Sanicki on site to discuss the revegetation plan.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of an approved revegetation plan.
7:25 p.m., Maury Fiegenbaum, 32 Jehu Pond Road (continued from 11/3/05). Ellis Allen represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:30 p.m., Scott and Sonya Bieg, 103 Bay Shore Drive (continued from 11/3/05). Paul Miskovsky represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:35 p.m., Bay Point, LLC, Great Oak Road (8-building, 24-unit condominium project, installation and maintenance of all buildings, denitrifying sewage disposal system, roadway, parking, utilities, excavation, grading and landscaping).
Motion made, seconded and unanimously carried to grant a continuance to December 1st at 8:30 p.m., at the request of the applicant.
7:40 p.m., Judy Miller, 2 Popponesset Island Road (reconstruct the existing house within the same footprint with proposed additions and decks, septic system modification, mitigation plantings, utility installation, excavation, clearing and landscaping). Michael McGrath, Holmes and McGrath, represented the applicant and described the plan. Steve said the mitigation plan surpasses our standards. Michael said 1) the plan shows the plants to be 5 ft. on center, and our new mitigation regulations require that the plants be at least 3 gallons in size in order to be spaced that far apart, 2) plants like 1 gallon berberry must be 2 1/2 ft. on center, and 3) since hydrangia is not a native plant, it should be replaced with a native plant.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of a revised planting plan.
7:45 p.m., Jamie Weinstein, 387 Monomoscoy Road (continued from 11/3/05). Matt Costa represented the applicant and described the plan. Steve recommended approval. Since it was not certain that the plan has been filed with the Board of Health, a continuance was requested.
Motion made, seconded and unanimously carried to grant a continuance to December 15th at 7:00 p.m., at the request of the applicant.
7:50 p.m., Donald Brick, 18 Spoondrift Circle (repair an existing sea wall). Ferman Cain represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:55 p.m., John Power, 47 Waterline Drive South (continued from 11/3/05). Brian Casey represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
8:00 p.m., John Halachis, 12 Quaker Run Road (continued from 11/3/05). Mr. Halachis described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
8:05 p.m., Remodeling Plus, 19 Sand Dollar Lane (continued from 11/3/05). Michael Borselli represented the applicant and described the plan. Michael Talbot questioned the width of the planned vista pruning, and Mr. Borselli agreed to write in the change on the plan in order to meet our requirements.
Motion made, seconded and unanimously carried to approve this AOC.
8:10 p.m., Walter Wightman, 419 Monomoscoy Road (continued from 11/3/05). Brad Hall represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI
8:15 p.m., John Donovan, 31 James Circle (continued from 11/3/05). Michael reclused himself from this hearing. John Slavinsky and Jennifer Malila represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
8:20 p.m., Mary Ann Lasek/Konstantin Eliadi, 196 Wheeler Road (continued from 11/3/05). No one was present to represent the applicant. Steve described the plan and said he would usually recommend space under the fence, but the fence is immediately adjacent to the stone wall, so an animal would go directly into the wall. Michael said stone walls are excellent habitat for nesting for a number of species, so he thinks we should require a space under the fence.
Mr. and Mrs. Richard Langley, 200 Wheeler Road, expressed their concern about the fence. They have maintained a natural setting with plants along the wall, and the applicants want to erect a 6 ft. vinyl wall. Michael said unfortunately the only thing we can rule on is whether there is a loss of wildlife habitat values.
Motion made, seconded and unanimously carried to grant a continuance to December 15th at 7:05 p.m., at the request of the applicant.
8:25 p.m., Richard Kearney, 429 Monomoscoy Road (continued from 11/3/05). Jack Landers-Cauley represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of a revised plan.
8:30 p.m., William Burke, Rock Landing Road (continued from 11/3/05). Mark Romanowicz represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:35 p.m., New Seabury, Fairway Lane (continued from 11/3/05). John Bresnehan represented the applicant and described the plan. Michael asked if this constitutes a change from what management has done before, what are the most significant changes from previous management plans. Mr. Bresnehan said New Seabury has achieved “property sanctuary status.” Only 1% of the property in this country has achieved this status in different categories. He is asking us to approve this process of the wetland delineations (which have already been approved) and also approve the management activities they have described in and around the delineations, and maintain them in perpetuity. Michael asked that they include a provision that we may ask to revisit portions of this project in the future,
since none of us have had time to actually study the document itself. Steve said this is management around the wetlands such as phragmites control, which has been fantastic. As with any wetlands, we would revisit the site regarding any vista pruning, and we could schedule a time when we could visit the site to see the plan in action. Michael suggested that perhaps next spring the Commission take a tour of the area.
Motion made, seconded and unanimously carried to approve this NOI.
Meeting adjourned at 9:25 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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