MASHPEE CONSERVATION COMMISSION
Minutes of July 14, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, Cass Costa and Ralph Shaw.
Staff present: Bob Sherman, 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. Bob’s retirement. Bob said September 30th is still planned to be his last day in the office, and he wholeheartedly recommended Steve to be his replacement. He suggested that the members consider having a Steering Committee to aid in the transition to the new regime, perhaps help in the interviewing, and perhaps consider new procedures for the department to follow.
Michael said he thinks one of the issues we face is that we are not going to have the efficiency of Bob, perhaps the premiere Conservation agent in the State. This is a big job, and there’s a lot that isn’t learned in one year, and it might be good to look at how a couple of other very busy conservation commissions, who have more staff than we do, function. For example, in Falmouth each notice of intent is assigned to a specific commissioner who then becomes very familiar with that particular case in terms of doing some of the on-sites, writing orders of conditions, and monitoring tasks. Some of our commissioners can be extra eyes and ears. Falmouth has 2 1/2 positions, and they are probably the second biggest Conservation Commission in Barnstable County.
Bob said that’s why he mentioned his proposal to do some of the regulations work on a contract basis, not because the Regulations Sub-committee or Steve can’t do it, but Steve is going to be very busy. When asked by Jack if he’s discussed this with Joyce, he said he’s going to meet with her on Tuesday. Bob also said that’s why a Steering Committee might want to look at changing procedures.
2. Conservation Membership. Jack said the membership of several commissioners expires this year – i.e., Mike’s, Len’s, Jeff’s, Carole’s and John’s. Bob said he has again sent a letter to the Board of Selectmen saying we would like Jeff, now an associate member, to become a full member, but he has heard nothing. All agreed that Jeff’s attendance as an associate member has been exemplary. Bob said Carole is planning to move to California, and that John is willing to stay on, but he would totally understand if we chose to have someone who could be here more often. Mike and Len will continue to serve.
3. Vandalism. Len said there has been recent vandalism at the FS-1 treatment system -- the previous Wednesday some security lighting was disassembled and taken from the property. Bob said there is also continued problem with ATV’s at the K-2 bogs. He will talk with Mike Landman about having some barriers installed to slow down the riders and make it less fun.
4. Visits to key sites. Mike thought it might be helpful for the members to schedule a Saturday in the Fall to visit some of these key sites with members of the Board of Selectmen, such sites as the FS-1 treatment system, K-2 bogs, and Santuit Pond dam.
5. Santuit Pond dam repair. Bob said we’ve given some money to it, but he’s not sure what’s been done. Bob said we don’t own the land. A lot of the manmade infrastructure is failing, and the Town doesn’t want to put up the money to repair it. However, once it’s five years out of agricultural production (which will be in the next year or two), it will no longer enjoy the agricultural exemption, so maybe repairs for the hydrologic system will have to come before us for a formal project.
Mike asked if there’s any point in approaching the Town about including that land as part of Conservation land. Bob said if the Town wants to continue to maintain some cranberry operation (which doesn’t make much sense given the price of cranberries now), then some of the exemptions would continue. Bob will discuss this with Joyce Mason.
5. Bat houses Indian Cemetery. Bob said he thinks Steve was under the impression that this was Conservation land, but under Chapter 48C we can spend money on any watershed natural resource project. The bat houses are now in.
Hearing Agenda
7:00 p.m., Fred Blythe, 228 Wading Place Road (continued from 12/2/04). Bob said the applicant has requested a continuance because of on-going legal proceedings which will impinge on our decision.
Motion made, seconded and unanimously carried to grant a continuance to November 3rd at 7:00 p.m., at the request of the applicant.
7:05 p.m., William Marsters, 94 Lakewood Drive (continued from 2/17/05). Bob said the applicant has requested a continuance because Natural Heritage had requested an evaluation, but since their letter is dated 3/8/05, there has been plenty of time for them to reply, and therefore we should charge a continuance fee.
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:00 p.m., at the request of the applicant, and we will assess a continuance fee.
7:10 p.m., John Malloy, 196 Wading Place Road (continued from 6/2/05). Bob said Rick York has questions about the depths shown on the plan, which have to be reconciled with the engineer.
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:05 p.m., at the request of the applicant, and we will assess a continuance fee.
7:15 p.m., Eladio R. Gore, 187 Hooppole Road (continued from 6/2/05). Bob said the reason for the continuation is that there is an outstanding enforcement order, and he wants to make sure the wetland line is correctly delineated.
Motion made, seconded and unanimously carried to grant a continuance to July 28th at 7:40 p.m., at the request of the applicant.
7:20 p.m., Paul and Karen Patneaude, 22 Sherwood Drive (replace storage container). Karen Patneaude was present. Bob requested that they expand their mitigation plan and plant more shrubs such as blueberry and shadbush.
Motion made, seconded and unanimously carried to approve this NOI.
7:25 p.m., Robert Stow, 25 Monomoscoy Road West (continued from 6/16/ 05). Dave Sanicki represented the applicant. Bob described the plan and said this dock meets our performance standards. However, they were supposed to contact Bob regarding the mitigation plantings, but did not do so. Some of their choices are good, some are not in the right places, and we need to get that first 50 ft. occupied with plantings every five feet. Some of the plantings are fine but they went up the sides as demarcations of the property line, so they aren’t helpful for the waterline. It was decided to require an acceptable planting plan.
Albert Lawton, 27 Monomoscoy Road West, said at the last meeting an irrigation proposal was made. Bob said there was discussion about requiring an irrigation plan if the planting were to be done during the summer.
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:10 p.m., at the request of the applicant.
7:30 p.m., Tom Smith, 226 Monomoscoy Road (continued from 6/16/05). Bob said the applicant appeared before the Board of Appeals last night, and they asked for some significant changes, so we will have to wait for the new plan. Also, Bob was at the site today and noticed that the dock structure doesn’t resemble anything on the plan. He told the engineer that he has to give us a rendering of at least where the piles are and how well they conformed to what was approved several years ago in a superceding order.
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:15 p.m., at the request of the applicant.
7:35 p.m., James Bertino, 37 Pond Circle (continued from 6/16/05). Bob said they are waiting to hear from Natural Heritage.
Motion made, seconded and unanimously carried to grant a continuance to July 28th at 7:30 p.m., at the request of the applicant.
7:40 p.m., Kenneth Liatsos, 118 Shore Drive West (authorize post-storm nourishment of coastal bank/beach and mitigate destructive storm impacts). Brad Holmes represented the applicant and described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this Amended Order of Conditions.
7:45 p.m., Fran Senner-Hurley, 91 Edgewater Road (replace failing septic with Title V denitrification system). Mike reclused himself from this hearing. Bob said this plan is a net plus for the environment, and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:50 p.m., Gerry Graves, 318 and 322 Redbrook Road (continued from 6/30/05). Bob said the Board of Health has issues regarding the ACEC zoning bylaw that have to be resolved. He distributed to the members a sheet regarding Article XIV -- Areas of Critical Environmental Concern.
Motion made, seconded and unanimously carried to grant a continuance to July 28th at 7:45 p.m., at the request of the applicant.
7:55 p.m., Allen and Stephanie Bagg, 89 Sunset Circle (addition, patio, concrete block walls).
Mr. and Mrs. Bagg were present. Bob described the project which had been handled by Steve who recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:00 p.m., Steven and Sarah Daley, 202 Rock Landing Road (enlarge existing bedroom, remove part of deck). No one was present to represent the applicant. Bob described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:05 p.m., David Bazerman, 50 Cayuga Avenue (construct garage, stairs, landscape and plantings). Mr. Brazerman was present and described the project. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
8:10 p.m., Pamela Coleman, 190 Captain’s Row (continued from 6/30/05). Bryan Jones represented the applicant. Bob said besides the issues of the floats and deck, we are waiting for a stamped plan and addition of stone to catch run-off from the roof (over the deck) which we could condition. So the floats are the only remaining issue. Mr. Jones said the structures were in place by the early ‘80s, and the applicant’s position is that they are grandfathered. Bob said the floats on the original plan were 8x16 sq. ft. and received a Chapter 91 license. Since then they have been considerably enlarged in the last several years, so his opinion is that they are not grandfathered, and since they were enlarged, they do not correspond to a Chapter 91 license.
Therefore, he would recommend to the Commission that the floats have to be reconfigured to 150 sq. ft. as a limit. Now there are three floats 6x10 sq. ft., so they are 30 ft. over. Michael said his concern is that the float is 6 ft. wide, and our standard is 4 ft. wide. Mr. Jones said the enlargement was done prior to the applicant’s ownership.
Bob said he respectfully disagreed, as he discussed this with Stan Humphries and the Harbormaster is ready to sign an affidavit that this was done prior to Mr. Coleman owning the property. In his opinion, the floats are a relevant issue
Michael said if we set a precedent for approving something that does not conform to our existing standards, a mitigation plan is in order. Bob said they could make it longer if it doesn’t have a Chapter 91 problem. They could have built a longer dock if they had applied to us prior to building it, and we would not have permitted anything bigger than the standard 150 sq. ft.
Bob asked if Mr. Jones’ client would be willing to reduce the floats to 150 sq. ft. and submit a mitigating vegetation plan to create a buffer zone in the area. Mr. Jones will take this back to his client.
Bob will figure the mitigation calculations to determine the mitigation required.
Motion made, seconded and unanimously carried to grant a continuance to August 11th at 7:20 p.m., at the request of the applicant. Bryan Jones represented the applicant.
8:15 p.m., Bortolotti Construction, 35 Wilson’s Grove (continued from 6/30/05).
Motion made, seconded and unanimously carried to grant a continuance to July 28th at 7:15 p.m., at the request of the applicant.
Meeting adjourned at 8:32 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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