Mashpee, Massachusetts - Conservation Commission Minutes 06/30/2005

Conservation Commission Minutes 06/30/2005

MASHPEE CONSERVATION COMMISSION

Minutes of June 30, 2005

Public Hearings

Mashpee Town Hall Meeting Room 1

Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Lloyd Allen, and Ralph Shaw.

Staff present: Steven Solbo, Assistant Agent, and Frances Wise, Board Secretary.

Jack Fitzsimmons, Chairman, called the meeting to order at 6:55 p.m.

Public Comment: Promulgation of new Regulation on Mitigation Planting Requirements for Chapter 172. Michael described the various provisions in this regulation, which gives clear guidelines on mitigation planting requirements. There was no public comment.

Motion made, seconded and unanimously carried to adopt this regulation to be effective as of June 30, 2005, and to give it to all consultants and applicants involved in mitigation planting projects.

Non-Hearing Agenda

Old Business:

1. D.P.W. beach work triggering Conservation Commission jurisdiction. Steve distributed to the members Bob’s memo of 6/23/05 to Catherine Laurent, Assistant D.P.W. Director, in which he defines the applicable standard on this subject. I.e., if the activity simply removes debris, but does not change the “form of a beach”, alter topography and/or change pre-existing drainage characteristics, it would not normally constitute an alteration. Thus, such minimal work would not require permitting.

2. Prescribed fires. Steve said Linda Wadsworth requested that our Commissioners be present at some prescribed fires scheduled for June 22^nd -24^th to see how it works. Since this series has already taken place, the members expressed interest in viewing future ones. Len requested that Steve email Ms. Wadsworth requesting that she notify the members by email of any future prescribed fires.

3. Brown Bats in the Indian Meetinghouse Church. Steve distributed to the members Renee Fudala’s letter of June 22^nd in which she requested a contribution from the Conservation Fund of $320 to construct a temporary structure to house the baby bats while the church is undergoing major repairs in July. Steve said that the church is not in a zone under our jurisdiction, so we can’t make a contribution, but it was agreed to register our support for this effort.

Motion made, seconded and unanimously carried for the Commission to formally support efforts to either delay the reconstruction work or to provide temporary housing for the baby bats.

4. Enforcement – Walsh, Shoestring Bay. Steve said existing vegetation was cut and the owner was required to do mitigation planting. They replanted, but recently he and Bob were at the site and all the plants were gone. Now they seem to be on the straight and narrow and have presented a plan for mitigation. Michael recommended substitutions of some of the plants on the plan, and that we ask them to limit their mowing to once in late winter or early spring.

Motion made, seconded and unanimously carried to approve the planting plan with the condition that the lawn be mowed only once in late winter or early spring, and the red oaks be replaced with white oaks.

5. Approval of minutes for 5/19/05 and 06/2/05.

Motion made, seconded and unanimously carried to approve the above minutes.

Hearing Agenda

7:00 p.m., Dennis Kerkado, 184 Captain’s Row (add new piles and decking to dock). Dennis Kerkado was present. Steve discovered on a site visit that a number of mature, healthy oak trees have been cut down, and this constitutes a violation because the property is within 200 ft. of a river and a permit had not been obtained. Mr. Kerkado said he wasn’t aware that he should have filed for a permit to remove the trees. Steve explained that as the owner, he is responsible for the cutting, and he will be receiving an enforcement order that will require him to submit a mitigation plan to compensate for the trees cut. Until such a plan has been carried out, we cannot consider his request for a deck. Michael said for us to be able to approve the rebuilding of a dock which in essence no longer exists, and therefore there is no way for us to know what the original structure was, we would have to require a much more detailed plan. Mr. Kerkado withdrew his application.

Motion made, seconded and unanimously carried to accept the withdrawal of this application.

7:05 p.m., David Pinchin, 124 Shore Drive West (coastal bank/beach nourishment). Brad Holmes represented the applicant. He said they have a Certificate of Compliance that allows them to nourish for pre-storm events, and now they want to amend this to allow them to nourish after a storm damage.

Motion made, seconded and unanimously carried to approve this NOI, with the condition that there be some revegetation of the upper bank.

7:10 p.m., Nicholas Mazzoni, 19 Winslow Road (construct a terrace for eroding slope). Mr. Mazzoni was present and described the plantings he has planned. Steve recommended approval.