MASHPEE CONSERVATION COMMISSION
Minutes of August 25, 2005
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, 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.
Public Comment: Faith Garcia, 19 Seconsett Point Road, requested an administrative approval to 1) make a 4 ft. path from stairs to side of house and around flag pole, 2) keep two natural wood racks for a canoe and sunfish on the beach, and 3) broaden the choices for plantings. Bob recommended approval of points 1 and 2, and Michael recommended that she email to Bob her selections for plantings, which Bob will forward to Michael for approval.
Motion made, seconded and unanimously carried to approve this request for an administrative approval.
Non-Hearing Agenda
Old Business:
1. RFAA SE 43-2057. Bob described the request and recommended approval.
Motion made, seconded and unanimously carried to approve this administrative approval.
2. Request for withdrawal of RFAA, 5 Compass Circle. Bob recommended acceptance of withdrawal of their request for an expanded fence, and approval of their request for a fence along the work limit.
Motion made, seconded and unanimously carried to approve the withdrawal request, and to approve their request for a fence along the work limit, as per their letter to Bob.
2. RFAA SE 43-2253. Bob described the request and recommended approval.
Motion made, seconded and unanimously carried to approve this administrative approval.
New Business:
1. Request for placement of two four-poster deer stations on Conservation land (as per Chapter 173). Bob said the intent of the project is to reduce deer ticks. He recommended approval.
Motion made, seconded and unanimously carried to approve this request.
2. Blue Ribbon Comprehensive Committee. Jack said he received a letter from Joyce Mason requesting that we submit to the Board of Selectmen the names of the individuals or individual who will be representing our Board on the Blue Ribbon Committee by 3 p.m., Tuesday, September 6th. The first meeting of the Blue Ribbon Comprehensive Committee will be scheduled for mid-September. Bob will draft a letter incorporating our philosophical stance and the fact that we will participate when we are fully staffed.
Hearing Agenda
7:00 p.m., New Seabury Properties, LLC, Sandy Beach (beach nourishment for post storms with MIP). Bob said they are exploring some alternatives which he thinks are legitimate to be evaluated, and they need more time.
Motion made, seconded and unanimously carried to grant a continuance to September 22nd at 7:00 p.m., at the request of the applicant.
7:05 p.m., Eric Lubrano, 48 Quaker Run Road (continued from 8/11/05). John Slavinsky represented the applicant and described the project. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:10 p.m., John Harris, 97 James Circle (continued from 8/11/05). Dave Sanicki represented the applicant. Steve said 1) we need clarification whether or not the bank falls within 50 ft. of the BVW, and 2) it has not been a precedent of this commission to place the mitigation plantings within the naturally vegetated buffer zone. Mr. Sanicki will submit a new plan
Motion made, seconded and unanimously carried to grant a continuance to September 8th at 7:45 p.m., at the request of the applicant.
7:15 p.m., Thomas Dargan, 5 Uncatena Road (continued from 8/11/05).
Motion made, seconded and unanimously carried to grant a continuance to September 8th at 7:40 p.m., at the request of the applicant.
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7:20 p.m., Pamela Coleman, 190 Captain’s Row (continued from 8/11/05). Greg McGregor represented the applicant and read a letter from Stan Humphreys describing the plan. Bob is satisfied that the plan meets the performance standards and recommended approval. Michael requested that the bottom 15 to 20 ft. of the slope no longer be mowed, so any owner will not carry out a heavy lawn fertilization in the future. The applicant’s attorney suggested that the minutes state that this is a unique situation and will not be regarded as a precedent.
Motion made, seconded and unanimously carried to approve this NOI with the strong recommendation that the bottom 20 ft. of the slope no longer be mowed.
7:25 p.m., William Marsters, 94 Lakewood Drive (continued from 8/11/05). John Slavinsky represented the applicant. Bob said National Heritage is not amenable to relieving the applicant from the necessity of a wildlife study. He recommended a continuance.
Motion made, seconded and unanimously carried to grant a continuance to September 8th at 7:50 p.m., at the request of the applicant.
7:30 p.m., John Malloy, 196 Wading Place Road (continued from 8/11/05). John Slavinsky represented the applicant and described the plan. Steve said there had been previous violation on the on the bank where the trees had been topped by a previous owner. He said the applicant hired Brian Casey to do a planting plan. Rick York said the dock has been moved to a good spot, and they have added a good system of float stops, so everything is fine as regards the shellfish.
Motion made, seconded and unanimously carried to approve this NOI.
7:35 p.m., Robert Stow, 25 Monomoscoy Road West (continued from 8/11/05). Bob said they have withdrawn their application. He recommended that we approve the withdrawal and send them a letter saying that it is our understanding that they will complete the plantings, or we will issue an enforcement order.
Motion made, seconded and unanimously carried to approve the withdrawal of this application, and we will send them a letter saying that it is our understanding that they will complete the plantings, or we will issue an enforcement order.
7:40 p.m., Tom Smith, 226 Monomoscoy Road (continued from 8/11/05). Ed Pesce and Richard Cain, attorney, represented the applicant. Mr. Pesce described the new plan. Regarding the removal of two oak trees, Michael said at the very least, he would want to see satisfactory mitigation planting (trees, not shrubs) along the concrete wall. Also, Bob said in researching this property, we do not have a lawn permitted, and he recommended that the lawn issue be deferred for an amended order, to which Mr. Pesce agreed. Bob said under Massachusetts law, Chapter 44, Chapter 53G, we will exercise our right to require the applicant to hire a consulting arborist of our choice to evaluate the removal of trees.
Motion made, seconded and unanimously carried to grant a continuance to September 22nd at 7:05 p.m., at the request of the applicant.
7:45 p.m., Eladio R. Gore, 187 Hooppole Road (continued from 8/11/05). Matt Costa represented the applicant and described the plan. He said the existing septic is adequate for three bedrooms because of the large size of the lot. Bob said he is satisfied with the adjusted wetland line. Also, he noted for the record that there is an outstanding violation evidently perpetrated by the previous owner, but it is not directly connected to this case. Mr. Costa said he is writing a letter to Bob proposing how they plan to handle the violation.
Motion made, seconded and unanimously carried to approve this RDA.
7:50 p.m., Heather Puopolo, 53 Tobisset Street (install in-ground swimming pool). Walter Zurosky represented the applicant. Steve visited the site and has determined that we need more information, i.e., there are a lot of variations in elevations, the BVW is not shown correctly on the plan and that will involve mitigation, and there is the question of whether they really meet the need for the pool to go over the 50 ft. wetlands buffer. He recommended that the applicant file for a NOI and provide an engineered plan. Bob said the applicant could continue as an RDA if he provides the information needed. He said that the Building Inspector page was never signed off, and they may require an engineered plan, so the next step is to see what the Building Inspector has opined.
Motion made, seconded and unanimously carried to grant a continuance to September 22nd at 7:10 p.m., at the request of the applicant.
7:55 p.m., Avrum Goldberg, 168 South Sandwich Road (replace ties with fieldstone, plantings and water feature). Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:00 p.m., Paul Zammito, 4 Spoondrift Circle (enlarge deck, add steps, reconfigure driveway, retaining wall, landscaping). Mary La Blanc represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this AOC.
8:05 p.m., Jemm Real Estate Partnership, 55 Sunset Circle (demolish house, construct house, garage, deck, driveway, retaining walls, septic, utilities, grading, plantings). Bob said the applicant has requested a continuance, and he noted for the record that the reason for the continuance is that we need to have a soil examination of the wetlands done, and there are violations on the property.
Motion made, seconded and unanimously carried to grant a continuance to September 8th at 7:30 p.m., at the request of the applicant.
8:10 p.m., Paul Saganey, 79 Nick Trail (demolish house, construct house, porch, deck, driveway, utilities, landscaping). John Slavinsky represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve the project with the condition that
the applicant will submit a revised plan showing the reconfiguration of the deck that is no longer over the existing dune.
8:15 p.m., Mashpee Investors #1 LLC, 688 Great Neck Road South (vista pruning). Dave Sanicki represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
Meeting adjourned at 8:55 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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