MASHPEE CONSERVATION COMMISSION
Minutes of August 11, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Lloyd Allen, Cass Costa, and Jeffrey Cross.
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: none.
Non-Hearing Agenda
Old Business:
1. RFAA SE 43-2353.
Motion made, seconded and unanimously carried to approve this administrative approval.
2. RFAA SE 43-2345
Motion made, seconded and unanimously carried to approve this administrative approval.
3. Request for pre-storm nourishment. Bob said we have several Orders of Condition which provide for pre-storm nourishment. A request was recently made, and Bob denied it because the storm was inconsequential.
4. RFAA SE 43-2268
Motion made, seconded and unanimously carried to approve this administrative approval.
5. Staking requirements. Bob distributed to the members a sheet describing our staking rules.
Hearing Agenda
7:00 p.m., William Marsters, 94 Lakewood Drive (continued from 7/14/05). John Slavinsky represented the applicant. Bob said that Cape & Islands has requested another extension. He prepared a letter to them on Tuesday (but he doesn’t know if they have received it), asking them to give us a compelling reason why we should continue again, and/or convince us that at the next meeting, if we chose to continue, they provide the information that Natural Heritage has requested. Mr. Slavinsky said he has not seen the letter, and he is not aware of the fact that a study has to be done.
Bob said he has no concept about what Mr. Marsters is talking about in this situation, but he thinks it is appropriate for us to continue one more time simply because the letter he wrote has not been received, stating that 1) we need a response within five days from Cape & Islands or his representative that he intends to provide at the next meeting the information requested by Natural Heritage, which is long overdue. 3) we will require within five days a letter confirming that the applicant will hire a qualified consultant to provide the information requested and have a signed contract with the consultant two weeks from tonight. Otherwise, we will deny this NOI and seek legal action.
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:25 p.m., at the request of the applicant.
7:05 p.m., John Malloy, 196 Wading Place Road (continued from 7/14/05). John Slavinsky represented the applicant. Bob said we need a letter giving the landscaping plan. There had been a $100 continuance fee levied, and with this continuation the fee is now $200. Bob added that a lot of the continuances were due to inability to reconcile the comments of DMF and our Shellfish Warden.
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:30 p.m., at the request of the applicant, and to charge a continuance fee of $200.
7:10 p.m., Robert Stow, 25 Monomoscoy Road West (continued from 7/14/05). Bob said the property has a past violation for which a landscaping effort was made, but was short of what we needed. It now meets our performance standards, and he recommended approval. Albert Lawton, an abutter, expressed an objection, but Bob said it did not fall under our jurisdiction. A motion was made to approve the application, but Jeff opposed it, so there weren’t enough votes in favor of approval. Therefore, it was continued.
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:35 p.m., at the request of the applicant.
7:15 p.m., Tom Smith, 226 Monomoscoy Road (continued from 7/14/05). Bob said Mr. Pesce was supposed to fax us his report, but did not. Richard Cain, attorney, represented the applicant and requested a continuance.
Motion made, seconded and unanimously carried to grant a continuance to August 25th 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 7/14/05). Bob recommended approval for a continuance.
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:20 p.m., at the request of the applicant.
7:25 p.m., Eric Lubrano, 48 Quaker Run Road (install foundation, deck, addition, plantings).
Bob said they have requested a continuance because the staking was not approvable.
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:05 p.m., at the request of the applicant.
7:30 p.m., Risa Schneider-Fine, 12 Summersea (continued from 7/28/05). Ms. Schneider-Fine was present. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:35 p.m., William Ahern, 2 Mutiny Way (construct shed, pave existing driveway). Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., Eladio Gore, 187 Hooppole (continued from 7/28/05). Matt Costa represented the applicant and described the plan. Bob and he will review the BVW line
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:45 p.m., at the request of the applicant.
7:45 p.m., Joseph and Maureen Driscoll, 41 Elizabeth Island Road (continued from 7/28/05).
John Slavinsky represented the applicants and described the plan. Steve said he needs to do the calculations on the mitigation.
Motion made, seconded and unanimously carried to approve this NOI pending submission of a plan by Cape and Islands that meets the calculations on the mitigation.
7:50 p.m., John Harris, 97 James Circle (construct house, garage, patio, path, retaining walls, septic and utilities, and grading). Bob said the staking was inadequate and he recommended a continuation fee.
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:10 p.m., at the request of the applicant, and the applicant will be charged a continuation fee.
7:55 p.m., Richard Marvas, 67 Riverside Road (plant natural red cedar barrier). Bob described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:00 p.m., Anthony Ferragamo, 87 River Road (maintain an existing pier ramp, float and stairs). Mr. Ferragamo described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:05 p.m., New Seabury Properties, LLC, Sandy Beach (beach nourishment for post storms with MIP). Bob said they are awaiting comment from Natural Heritage regarding a rare species area, so have requested a continuance.
Motion made, seconded and unanimously carried to grant a continuance to September 8th at 7:10 p.m., at the request of the applicant.
8:10 p.m., Peter Merino, 18 Quaker Run (continued from 7/28/05). Mr. Merlino was present. Bob described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:15 p.m., Jillian Hayes, 5 Compass Circle (relocating swimming pool and addition of pool fence). Ms. Hayes and Andrew Garulay presented the plan. Steve said the work limit should remain where it was proposed in the first place. Bob said the By-law states that the maintenance of a naturally vegetated buffer strip is up to 50 ft., wherein the applicant must establish that no harm will be done to the wildlife habitat. He said if Mr. Garulay wishes to pursue this further, he would have to bring in his own expertise in terms of wildlife habitat values and how they are affected by the work limit and fence, and under State law we would have to ask for a second opinion. Also, they would have to submit a new plan reflecting the new work limit. Bob said we could consider the fence at the
original work limit administratively with a letter. He recommended that Steve send them a letter tomorrow suggesting that they withdraw their application by letter since they do not want to pursue the route outlined above, and submit a new plan showing the fence within the work limit.
Motion made, seconded and unanimously carried to send them a letter tomorrow to suggest that they withdraw their application by letter and submit a new plan showing the fence within the work limit.
8:20 p.m., Thomas Dargan, 5 Uncatena Road (demolish and construct new house, garage, porches, patios, driveway, walls, septic, utilities, plantings and grading). Bob said this was not properly staked and he recommended a continuance with a continuance fee.
Motion made, seconded and unanimously carried to grant a continuance to August 25th at 7:15 p.m., at the request of the applicant, and to charge a continuance fee.
8:25 p.m., Leonard Petze, 194 Fells Pond Road (landscaping and tree cutting). Bob said two of the trees had a disease, the mitigation shrubs would diversify the wildlife habitat value better than the existing trees, and he recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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