MASHPEE CONSERVATION COMMISSION
Minutes of July 28, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, 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: Beverley Cain, Chairman of the Mashpee Planning Board, spoke with respect to the District of Critical Planning Concern which the Planning Board has been working on for almost a full year. Harking back to August 27, 2004, the Conservation Commission issued a letter of support for the DCPC in its efforts to tackle the problem of excess nitrogen loadings to our waterways. The Planning Board is going to complete the nomination next Wednesday, August 3rd, after receiving the Selectmen’s comments, which are part of the requirements of the submission. The three Board of Selectmen declined to accept the nomination. However, the Planning Board feels they have extensive support in the Town of Mashpee, and they are anticipating continued support from the
Conservation Commission and the Board of Health. She asked the commissioners if they would be willing to consider being listed as co-sponsor with the Mashpee Planning Board on the nomination form. With all the work and research that they have done over the past year, they feel it important that they indicate to the townspeople and to other interested parties, including the Conservation Commission, that we do have boards in addition to the Planning Commission that are concerned with this very important issue.
She said that the Planning Board has not made a decision to submit this nomination. That will come after they get the draft into final form, and then there will be a discussion by the Planning Board as to 1) whether the Board votes to submit it to the Cape Cod Commission, and 2) when the timing of that should be.
Bob said this is totally fitting and proper and in keeping with our role under Chapter 48C, and we would be remiss if we did not support it. Michael said we, as much as any of the boards, recognized the concerns that are to be addressed here. Last year Waquoit Bay had an algae bloom for the first time, and it’s probably a harbinger of things to come. Lloyd said it would be criminally insane not to – if the nitrogen loading isn’t stopped now, where will we be in 15 years? Ms. Cain said that a meeting is taking place this evening at Waquoit Bay regarding studies they did on a portion of Waquoit Bay which, according to a news article she read, require that 80% of the entering nitrogen be taken out in order to clean it up. Jack said the Conservation Commission has been in
favor of this for some years and have been reluctant to take the lead in the past, but we owe the Planning Board a vote of thanks on that. He said he was surprised that the Board of Selectmen weren’t in favor of it.
Motion made, seconded and unanimously carried for the Mashpee Conservation Commission to co-sponsor the DCPC submission that has been prepared by the Planning Board.
Non-Hearing Agenda
Old Business:
1. Approval of minutes for 6/30/05.
Motion made, seconded and unanimously carried to approve the above minutes.
2. Minutes for 6/16/05. Jack questioned Old Business, item 2, re 10A dock. Bob asked Jack to discuss it with Pauline.
New Business:
1. Bob’s retirement. He said his last day will be September 30th, but he will be on the payroll through early December because of accrued vacation time, after which he will be eligible to work for the Town as a consultant during the transition. He distributed to the members a table of contents of our regulations and offered his services to revamp those in bold italics. His proposal was to review and revise those regulations in bold italics, prepare a draft, attend two meetings of the Regulations Sub-committee, and prepare a final version for a fee of $500. He said the fee could be taken out of the Conservation Fund or the budget for Purchases. He thinks it will be well over 20 hours of work If more time is needed, he’ll consult with the members.
He will run this by Joyce Mason, who might tell him the work has to be done at $25 per hour. At a later time, he will propose that he work on Conservation land issues, and the Town may want him to work on the Selectmen’s funding for Santuit Pond. He will do a lot of the work at home. Also, Joyce thought it would be a good idea for Bob to come into the office two days a month to tie up loose ends, but this couldn’t start until December 2nd. It would be paid from the Selectmen’s budget.
Motion made, seconded and unanimously carried for the Commission to endorse the proposal from Robert Sherman regarding reviewing and revising regulations, with the understanding that we will revisit the proposal if necessary based on changes in funding sources and input from the Town Manager.
2. ACEC. Bob said he was recently in the area of Monomoscoy/Osprey Lane and noticed a bulldozer working there. He assumes the owners did not realize they were in the flood zone.
Bob said under the ACEC zoning bylaw, he wished they had not used the term “clear cutting” but “removal of vegetation” instead. However, when they cut to the subsoil with a bulldozer, he guesses you could call it “clear cutting.” He then realized that in some cases, the Building Department has more power to require mitigation than we do, so Bob contacted them and suggested that we approve the plan, and since it’s a zoning problem, they can send a letter requiring mitigation. He distributed to the members his proposed form letter from the Building Inspector and an information sheet on Article XIV regarding the ACEC line. Bob will also strengthen our regulation on the ACEC.
Motion made, seconded and unanimously carried to accept this interim form letter to be used by the Building Department to enforce the ACEC zoning bylaws.
3. DCPC. Michael said that given the Board of Selectmen’s response to this issue, he would not want to be a part of a committee on this topic because nothing would come out of it. Jack repeated what he said earlier – when political people can’t handle a problem, they appoint a committee and let it go away.
Hearing Agenda
7:00 p.m., Risa Schneider-Fine, 12 Summersea (remove tree, retaining wall and landscaping).
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:30 p.m., at the request of the applicant.
7:05 p.m., Paul Hanlon, 51 Popponesset Island Road (install plantings). Mrs. Hanlon was present. Bob described the plan and recommended approval. The switch grass will be planted every two feet, and the bayberry every 16 inches.
Motion made, seconded and unanimously carried to approve this RDA.
7:10 p.m., C. H. Newton Builders, Inc., for Nancy Whitman, owner, 9 Tide Run (construct a family room addition to existing house). Raul Lizardi represented the applicant and described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:15 p.m., Bortolotti Construction, 35 Wilson’s Grove (continued from 7/14/05). Lynne Hamlyn, representing the applicant, said the Board of Health has their application. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., Brian Howes, 70 Summersea Road (expand deck to existing house). Mr. Howes was present and described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:25 p.m., Peter Merlino, 18 Quaker Run (construct a shed, walkways and landscaping). Peter Merlino was present. Bob described the plan and recommended that he and Steve visit the sight to discuss some issues to mitigate erosion. Mike requested that they not use rosa rigosa and recommended other roses instead.
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 8:10 p.m., at the request of the applicant.
7:30 p.m., James Bertino, 37 Pond Circle (continued from 7/14/05).
Motion made, seconded and unanimously carried to grant a continuance to September 8th at 7:05 p.m., at the request of the applicant.
7:35 p.m., Town of Mashpee Harbormaster, 664 Great Neck Road South (construct and maintain State license for wooden ramp with floats). Bob said we initially permitted these public floats under an order of conditions, but the Town ran out of money. Bob recommends approval to build these new ones now even though they are larger than the 150 sq. ft. allowed for private floats, because allowing the larger size is in the public interest since it will keep boats off the salt marshes. Town Counsel advised that we have the leeway to waive any regulation we think necessary.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., Eladio R. Gore, 187 Hooppole Road (continued from 7/14/05). Bob said this continuation is due to our clerical error.
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:40 p.m., at the request of the applicant.
7:45 p.m., Gerry Graves, 318 and 322 Redbrook Road (continued from 7/14/05). Bob said this has to be continued because of legal problems and the location of the coastal bank.
Motion made, seconded and unanimously carried to grant a continuance to September 8th at 7:00 p.m., at the request of the applicant.
7:50 p.m., Joseph and Maureen Driscoll, 41 Elizabeth Island Road (tear down and rebuild house, Title V septic, utilities, and driveway).
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:45 p.m., at the request of the applicant.
7:55 p.m., Town of Mashpee Public Works, Tracy Lane (resurface Tracy Lane from Old Great Neck Road to Degrasse Road). Greg Taylor, Director of Public Works, described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:00 p.m., Dennis Kerkado, 184 Captains Row (construct second floor to existing house, add stairs to deck, decks to second floor). Steve described the plan, said the applicant has done everything we asked him to do, and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
Meeting adjourned at 8:08 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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