MASHPEE CONSERVATION COMMISSION
Minutes of September 22, 2005
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners present: Jack Fitzsimmons, Chairman, Len Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, and Ralph Shaw.
Staff present: Bob Sherman, Agent, Steven Solbo, Assistant Agent, and Frances Wise, Board Secretary.
Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m. This being Bob’s last meeting because he is retiring, Jack said that the Commission and the citizens of Mashpee very much appreciate his efforts over the past 15 years, and he will be sorely missed. On behalf of all, he wished Bob health, and prosperity.
Public Comment: none.
Non-Hearing Agenda
Old Business:
1. Blue Ribbon Committee. Bob said he has volunteered to serve as the Commission’s representative for the next few months. Jack asked Bob to state at the next Blue Ribbon meeting that since he is leaving and Steve will be by himself for a while, we will not be able to undertake any work for this committee. He suggested that Bob ask who is going to collect the data, who is going to do the analysis, who is going to do the work.
2. Bob’s comments re transition.
a. Steve has prepared and submitted to Joyce a schedule for reducing his accessibility to the public, at least for a while.
b. Two very bright, competent people who work in Town Hall have expressed an interest in Pauline’s position.
New Business:
1. Donation of land to Conservation Commission. Bob said we have been offered a donation of 7.38 acres at Noisy Hole Road.
Motion made, seconded and unanimously carried to accept the donation of this land.
Hearing Agenda
7:00 p.m., New Seabury Properties, LLC, Sandy Beach (continued from 8/25/05). Steve said we received yesterday National Heritage’s comments on the project, which we will discuss at the next meeting when there is representation from BSC.
Motion made, seconded and unanimously carried to grant a continuance to October 6th at 7 p.m., at the request of the applicant.
7:05 p.m., Tom Smith, 226 Monomoscoy Road (continued from 8/25/05). Ed Pesce represented the applicant. He said they hired a certified arborist and he submitted a revised plan. The trees that they previously planned to remove will now be pruned, and he described other issues agreed upon by Bob. Bob said they must hire a certified arborist to do the pruning. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
7:10 p.m., Heather Puopolo, 53 Tobisset Street (continued from 8/25/05). Walter Zurosky represented the applicant. He said they are requesting that the project be 48 ft. from the edge of the wetland instead of 50 ft. Steve said that at the last meeting there was not sufficient information on the plan. The applicant has now submitted an engineered plan and has achieved 50 ft. except for a tiny corner of the pool. Steve recommended approval with the stipulation that they plant a couple of blueberry bushes by the water. Jack pointed out that a fence is required around a pool, and the fence as well as the work limit must be shown on the plan.
Motion made, seconded and unanimously carried to grant a continuance to October 6th at 7:50 p.m., at the request of the applicant.
7:15 p.m., Bob Bortolotti, 39 Redwood Circle (install driveway, wood chip path walkway). Richard Cronk represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., John Newkirk, 113 James Circle (swimming pool, equipment building, gas services, grading). Dave Sanicki represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:25 p.m., Susana Lannick Gorstein, 127 Tide Run (expand room and entrance way). Ms. Gorstein described the plan. Because we did not have confirmation that the applicant has filed with the Board of Health, Bob recommended that we issue a provisional approval, and if we find that the Board of Health finds the plan to be unacceptable, we would have to re-advertise and re-open the hearing. Mrs. Gorstein said she thinks the Town of Mashpee owes Bob a lot of thanks for being a very forceful advocate for the environment of this town and is much appreciated by many, many people.
Motion made, seconded and unanimously carried to approve this RDA contingent upon the Board of Health finding the plan to be acceptable. If they find the plan unacceptable, we will have to re-advertise and re-open the hearing.
7:30 p.m., Brian Kanter, 36 and 40 Great River Road (continued from 9/8/05). Chris Costa represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:35 p.m., Elliot Bloom, 41 Fiddler Crab Lane (rebuild existing float ramp, dock and stairs).
Mark Burtis represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., New Seabury Properties, LLC, 42 Seanest Drive (brush clearing and native plantings). John Bresnehan represented the applicant and described the project. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:45 p.m., James Bertino, 37 Pond Circle (continued from 9/8/05). John Slavinsky represented the applicant and described the project. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:50 p.m., Thomas Dargan, 5 Uncatena Road (continued from 9/8/05). Dave Sanicki represented the applicant. Steve said the only reason approval was held up at the last meeting is because the revised plan had not been received five days prior to that hearing, and he recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:55 p.m., William Marsters, 94 Lakewood Drive (continued from 9/8/05). Bob said Cape & Islands has informed us that they are no longer representing Mr. Marsters, and no one was present to represent him. He said a) they put in a wall without a permit at Mashpee Wakeby Pond, b) through an enforcement order we told him to file a plan, and Cape & Island prepared a plan, and c) Natural Heritage required a mussels survey.
We continued several times because the mussels survey was not done. Mr. Marsters offered to take out the wall and we told him that we would consider that. To remove the wall we would require a restoration plan done by a professional wetlands scientist or the equivalent. National Heritage at that point in time had not rescinded their requirement for the mussels survey. Bob contacted DEP about this.
Since Mr. Marsters did not see fit to be here tonight, Bob’s recommendation is to deny the wall because of insufficient information, to issue an enforcement order requiring the removal of the wall and a plan for it done by a professional wetlands scientist or the equivalent, and to note in the enforcement order that this does not rescind Natural Heritage’s requirement for a mussels survey.
Motion made, seconded and unanimously carried to deny the wall because of insufficient information, to issue an enforcement order requiring the removal of the wall and a plan done for it by a professional wetlands scientist or the equivalent, and to note in the enforcement order that this does not rescind Natural Heritage’s requirement for a mussels survey.
8:00 p.m., Town of Mashpee DPW, Sampson’s Mill Road (reconstruct Sampson’s Mill Road).
Catherine Laurent, Department of Public Works, represented the applicant and described the plan. Steve recommended approval. Bob added for the record that Ms. Laurent is a professional person who does her homework and is a pleasure to work with.
Motion made, seconded and unanimously carried to approve this RDA.
8:05 p.m., New Seabury Properties, LLC, 20 Redbrook Road (install mounds and native plantings). John Bresnehan represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:10 p.m., William Martiros, 49 Cranberry Avenue (replace existing stairs to the water). Mr. Martiros was present. Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:15 p.m., Bruce and LuAnn Croft, 19 Waterline Drive (enlarge existing deck and construct additions). Steve said they also want to take down two trees and extend the deck by 23 ft., which is weird since plywood comes in 12 ft. lengths. It turned out that they clipped two trees out of their vista corner, so Steve suggested they reduce the deck a bit to make sure they stay off those trees.
Motion made, seconded and unanimously carried to grant a continuance to October 6th at 7:45 p.m., at the request of the applicant.
Meeting adjourned at 8:17 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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