MASHPEE CONSERVATION COMMISSION
Minutes of October 6, 2005
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, and Ralph Shaw.
Staff present: Steven Solbo, Assistant 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. Approval of Minutes for August 25, 2005.
Motion made, seconded and unanimously carried to approve the above minutes.
2. Proposed land purchase by Conservation Commission. Steve distributed to the members a memo dated 10/4/05 from Tom Fudala giving the status of this purchase of land from Kenneth Callis.
3. RFAA SE 43-2328, 15 Horseshoe Bend Way. Steve described this project and recommended approval.
Motion made, seconded and unanimously carried to approve this administration approval.
4. RFAA RDA, J. Madden, 65 Buccaneer Way. Steve described this project and recommended approval.
Motion made, seconded and unanimously carried to approve this administration approval.
5. MACC reward to Bob. Jack mentioned John Miller’s memo regarding recommending Bob for the MACC yearly award which would require recommendation letters from a minimum of two people and maximum of 5 people. The deadline for these letters is November 15th. Michael said he would be glad to write a letter, and he was sure that the Conservation Agent in Barnstable Village would also be glad to do so.
6. Zoning Board. Lloyd suggested initiating communication from the Zoning Board, similar to that which we now have from the Board of Health. Steve will look into this.
7. Blue Ribbon Committee. Steve said he spoke with Chuckie Green who said it was never their intention for a staff member to be the Conservation representative. He thinks it’s not right for Bob to be the representative now that he is no longer with the department. Jack said he asked Chuckie Green who is going to do all the data gathering and analysis. Chuckie’s reply was that they’re hoping to get the Cape Cod Commission to do that. Jack said he’ll call Joyce and tell her that we have learned that they don’t want to have a staff member representing Conservation, but we haven’t been able to get a commissioner to do it because we aren’t very enthusiastic about it.
New Business:
1. Secretarial search. Steve said this is still underway.
Hearing Agenda
7:00 p.m., Gerry Graves, 318 and 322 Redbrook Road (continued from 9/8/05). John Slavinsky represented the applicant. He said the Board of Health recommended moving the septic system to another location, which has been done, but not in time to be heard at this meeting.
Motion made, seconded and unanimously carried to grant a continuance to October 20th at 7:20 p.m., at the request of the applicant.
7:05 p.m., Jemm Real Estate Partnership, 55 Sunset Circle (continued from 9/8/05). John Slavinsky represented the applicant. Steve described the project and recommended approval contingent on Michael’s approval of the planting plan. Michael said 1) the type of pear tree is not given, so it may not be appropriate, and 2) the type of grass is not clear, and he would like to be sure that it is switch grass or Indian grass.
Motion made, seconded and unanimously carried to approve this NOI with the condition that the applicant follow the planting recommendations per the above.
7:10 p.m., John Harris, 97 James Circle (continued from 9/8/05). Dave Sanicki represented the applicant and described the plan. Included is a cantilevered deck off the kitchen on the first floor which is raised about 5 ft. above the basement foundation and incurs 4 ft. into the buffer zone. Michael asked what the compelling justification is to build into the 50 ft. buffer zone, and Mr. Sanicki said anything smaller would be very inconvenient. Michael pointed out that they are also going into a resource area. Steve said he thinks the cantilevered deck is fine as long as the mitigating plan is appropriate. He said the regulation requires that 1) a compelling need be given and 2) wildlife habitat is not affected. He thinks that a 5 ft. elevation does not have an affect on
wildlife habitat and that the applicant could make the case that it does not.
Michael said the mitigation should be down by the water so it’s contiguous with an existing naturally vegetated buffer area and thereby have value. He said there will be some disturbance in the construction of the retaining walls and it looks like there will be terraces of some kind between the areas of the retaining walls. Lloyd said the deck should allow sunlight and rain to pass through in order to sustain wildlife vegetation.
Motion was made to approve this NOI with the condition that 1) the deck surfacing allow all vegetation underneath to get rainfall. The planks should run parallel to the house so there will be rainfall drainage every 6”, and 2) the entire inland bank area must be vegetated with native plants. The motion was seconded. Michael, Len, Jeff, Lloyd and Ralph voted in favor. Jack said he was very concerned about this setting a precedent and he opposed the motion.
7:15 p.m., Marie Devlin, 79 Sunset Circle (rebuild deck, change in exit stairs, build deck with walkout level, and replace retaining wall). Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., Geoffrey Willis, 65 Hooppole Road (vista pruning with maintenance in perpetuity.) John Slavinsky represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:25 p.m., Ethel McSweeney, 107 James Circle (shed, new house, garage, deck, walls, driveway, patio septic, utility, grading and plantings). Dave Sanicki represented the applicant and described the plan. Steve said we have to question the need for going into the vegetated buffer area, but he thinks the delineation shown on the plan may be incorrect, in favor of the applicant, so he will make an on-site visit. Michael would like to assure that the lawn going down to the pond will never be maintained with nitrogen loading fertilizer.
Motion made, seconded and unanimously carried to grant a continuance to October 20th at 7:25 p.m., at the request of the applicant.
7:30 p.m., Save Popponesset Bay, Popponesset Creek and Spit (maintenance dredging of Popponesset Creek with beach/dune nourishment of the Popponesset Spit). Brad Holmes represented the applicant and described the plan. Steve said this application is basically to clarify the language of a previous Order of Condition, and he recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
7:35 p.m., John Hayden, 26 Crosstree Way (extend deck with sono tubes and construct wall). Mr. Hayden was present. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., Robert Ronan, 36 Barbary (prune limbs, remove dead trees and plant shrubs).
Mr. Ronan was present. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:45 p.m., Bruce and LuAnn Croft, 19 Waterline Drive (continued from 9/22/05). Tom Bunker represented the applicant. Steve described the plan and recommended approval. Michael requested that cinnamon fern be replaced with a more suitable planting.
Motion made, seconded and unanimously carried to approve this RDA.
7:50 p.m., Heather Puopolo, 53 Tobisset Street (continued from 9/22/05). Walter Zurosky represented the applicant. Steve said he will be at the site when the 50 ft. line is staked. The hay bales will be laid at that line, and if need be he will be present when that takes place.
Motion made, seconded and unanimously carried to approve this RDA.
7:55 p.m., William Zammer, 4 Squaw’s Lane (demolish and reconstruct house, driveway, utilities, septic, plantings and lawn). John Slavinsky represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
Motion made, seconded and unanimously carried to reopen this hearing because Patrick Foley, 8 Squaw’s Lane, introduced himself and said this is a problem area. He requested that the applicant have a paved driveway and install drywells to catch the runoff. Presently, rainwater drains from the driveways of neighbors on both sides of his home to the front of his home, and is sometimes 2 ft. deep, making the street impassable.
Motion made, seconded and unanimously carried to approve this NOI with the condition that there be four dry wells and a pervious driveway.
8:00 p.m., Michael LeBlanc, 141 Daniel’s Island Road (temporary access, silt fence to hay bales, rebuild wall). John Slavinsky represented the applicant. Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
8:05 p.m., Nancy Gifford, 33 Sturgis Lane (rebuild an existing retaining wall and landscaping). Edward Good represented the applicant. Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:10 p.m., Karl Oliver, 25 Riverside Road (replace pilings). Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
Meeting adjourned at 8:39 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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