MASHPEE CONSERVATION COMMISSION
Minutes of September 8, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Cass Costa, 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.
Public Comment:
1. Catherine Laurent, Department of Public Works, said that the department has proposed a general by-law for the upcoming October Town Meeting dealing with erosion and sedimentation control. She will be sure that the members receive a copy of this prior to the Town Meeting. The purpose of this by-law is to bring the Town into compliance with the department’s permit from the Environmental Protection Agency concerning storm water problems. At this point they are exempting single-family dwellings, agricultural usage, subdivisions that are approved under the Subdivision Control Law, and special permits that are approved by the Storm Water Management Plan. Anything else that disturbs an area greater that 2,500 sq. ft. or more than 100 cubic yards would be subject to this by-law. This
by-law will not preclude Conservation from adding their own conditions to permits.
2. ATV’s. Rodney Collins, Mashpee Police Chief, said he was here to discuss the ATV problem. He met with Steve and B.O.H, and essentially they plan to become much more proactive and aggressive in meeting the situation. Now that the summer months are over, they will have the personnel to get to the back roads. A couple of their officers are trained on the ATV’s, and they would like to send two officers into these areas because 1) if there is an enforcement action taken, they would prefer that two officers for backup, and 2) if there is ATV action with the officer, with two officers there would be greater communication to deal with it. Therefore, the Police Department would like to get a second ATV for that purpose. In addition, they are taking some other actions that
might be able to monitor some of these situations without actual manpower. They also have some other strategies and approaches in mind which can curtail some of this activity. He is open to any suggestions, comments and questions.
Steve said we have a significant amount of money in our cranberry bogs account that we can use for maintenance of Conservation land. We had Jersey barriers put up, they were thrown over a bank and new trails were made. He thinks it’s significantly important that the members give him permission to speak with Town Counsel about the possibility of our using these monies to buy an ATV.
Chief Collins said the most recent information received is that there is networking associated with using this property, encouraging others to use these trails. There are four-wheel drive vehicles driving right through the wetlands.
Non-Hearing Agenda
Old Business:
1. RFAA SE 43-1397, Bob described the request and recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-1397.
2. Form 3. Bob distributed to the members his revised Form 3. Part A remains the same, but Part B clarifies the limitations of work allowed under this permit application.
Motion made, seconded and unanimously carried to approve this revised Form 3 as part of the
Supplementary package.
3. Roof drainage. Steve distributed to the members his recommendation to have the following included as a boilerplate condition: Drainage systems (i.e., drywells and downspouts) shall be installed upon completion of the roof.
Motion made, seconded and unanimously carried to approve the new condition for drainage systems.
4. Approval of minutes for 6/30/05, 7/14/05, 7/28/05 and 8/11/05.
Motion made, seconded and unanimously carried to approve the above minutes.
5. Pauline’s resignation. Bob said Pauline had submitted her resignation effective October 4th. With both her departure as well as Bob’s, Steve will be inundated. He has suggested to Joyce some policies for at least this interim period. Michael said some commissions have specific times during each week when staff will be present for applicants, so that there will be no walk-ins. He recommended that Aqua be properly compensated. Michael recommended that the commission write a nice letter of commendation to Pauline for her fine work.
Hearing Agenda
7:00 p.m., Gerry Graves, 318 and 322 Redbrook Road (continued from 7/28/05). John Slavinsky represented the applicant and requested a continuance because they need a hearing before the Board of Health.
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., James Bertino, 37 Pond Circle (continued from 7/28/05). John Slavinsky represented the applicant. Michael requested scientific names of plants. He said we discourage meadows to replace trees because without a management plan the meadow will become weeds. Bob said even though this violation occurred before we adopted the current guidelines, there’s no reason that we can’t require a landscaping plan reviewed by and augmented by a qualified landscaper. The plan should give scientific names of plants, give more details for the monitoring which should be for two years, the monitor’s name should be specified and the plantings should be beefed up.
Motion made, seconded and unanimously carried to grant a continuance to September 22nd at 7:45 p.m., at the request of the applicant.
7:10 p.m., Stephanie Doolittle, 70 Greensward Road (sewage system, related grading). Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:15 p.m., John Wrede, 125 Pickerel Cove Circle (construct addition and upgrade sewage system). Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., Brian Kanter, 36 and 40 Great River Road (replace existing wall, clearing, grading and landscaping).
Motion made, seconded and unanimously carried to grant a continuance to September 22nd at 7:25 p.m., at the request of the applicant.
7:25 p.m., Waquoit Bay National Estuarine Research Reserve, South Cape Beach (erect rope fence). Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:30 p.m., Jemm Real Estate Partnership, 55 Sunset Circle (continued from 8/25/05). John Slavinsky represented the applicant and described the project. Bob said there’s been a cutting violation here, we have to know legally where the wetland is now, and we don’t know if Natural Heritage has received notice.
Motion made, seconded and unanimously carried to grant a continuance to October 6th at 7:05 p.m., at the request of the applicant.
7:35 p.m., Sharon Blakeman, 11 Santuit Pond Road (construct farmers porch). Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., Thomas Dargan, 5 Uncatena Road (continued from 8/25/05). Dave Sanicki represented the applicant. Steve said the issues we had have been corrected, but we need a new plan to show two-gallon plants at 5 ft. on center.
Motion made, seconded and unanimously carried to grant a continuance to September 22 at 7:50 p.m., at the request of the applicant.
7:45 p.m., John Harris, 97 James Circle (continued from 8/25/05). Dave Sanicki represented the applicant. Steve said the applicants have to prove why they need a 12 ft. wide deck and a patio in the back. Bob said our by-law says there is no reason why we should go below 50 ft. unless the applicant can prove that it’s impossible to have the project done without going below 50 ft., or unless the applicant can prove that the naturally vegetated buffer that exists does not have wildlife value, which is not the case here. We should only be applying the compensatory mitigation aspect when there are no alternatives or when we are doing mitigation in an existing unnaturalized area.
Motion made, seconded and unanimously carried to grant a continuance to October 6th at 7:10 p.m., at the request of the applicant.
7:50 p.m., William Marsters, 94 Lakewood Drive (continued from 8/25/05). Bob said this is being continued because of conversations with Natural Heritage whereby they are not relinquishing their requirements to have a rare species study done. He said a continuation fee should be assessed, and it should be made clear that if we continue, the applicant’s non-acceptance of a study leaves us no alternative but to bring enforcement action formally, including bringing in the regional office of the DEP.
Motion made, seconded and unanimously carried to grant a continuance to September 22 at 7:55 p.m., at the request of the applicant, and a continuation fee will be assessed.
7:55 p.m., Elliot Bloom, 41 Fiddler Crab Lane (alterations to spa/patio, access to dock, plantings, walks and driveway). Cass stepped down for this hearing. Philip Cheney represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
8:00 p.m., Jean and Peter Niebauer, 52 Fells Pond Road (install bulkhead). Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:05 p.m., Robert Marchetti, 136 Fells Pond Road (install landward portion of floating dock). Mr. Marchetti was present. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:10 p.m., Elizabeth Fulton, 9 Point Road (install Title V septic system). Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
Meeting adjourned at 8:12 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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