MASHPEE CONSERVATION COMMISSION
Minutes of June 16, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Michael Talbot, Vice Chairman, Lloyd Allen, Cass Costa, Jeffrey Cross, and Carol Moore.
Staff present: Bob Sherman, Agent, Steven Solbo, Assistant Agent, and Frances Wise, Board Secretary.
Michael Talbot, Vice Chairman, called the meeting to order at 6:55 p.m.
Public Comment: None.
Non-Hearing Agenda
Old Business:
1. Santuit Pond Dam. Bob said that Perry Ellis has requested $1,000 from the Conservation Trust Fund to do emergency repairs on this dam which is in dire need, and he recommended approval.
Motion made, seconded and unanimously carried to approve a grant of $1,000 from the Conservation Trust Fund towards the repair of this dam.
2. 10A dock, 136 Fells Pond. Rick York said the 10A dock that Bob referred to, as having been approved by him has not been approved by him yet.
3. Proposed Mitigation Regulation. Bob said at long last we have this, thanks to Michael’s efforts representing 95% of the work. He recommended we have a public hearing on it at the June 30th meeting at 6:45 p.m.
Motion made, seconded and unanimously carried to have a public hearing on the Proposed Mitigation Regulation at the June 30th meeting at 6:45 p.m.
4. Priorities for regulations changes. Bob recommended scheduling a Regulations Sub-Committee meeting at the next meeting to discuss priorities on regulations changes.
New Business:
1. AFCEE – Draft of Order of Conditions. Bob distributed to the members page 1 of his draft of an OOC. The emergency certificate they got is about to expire. Bob has given them a copy of the draft and told them that if they want any changes in it, they will have to come back to the full Commission and reopen a hearing or at least have a discussion of it. He requested that the members give him their comments on the page Bob gave them.
1. RFAA…SE 43-2223, Ellsworth, Palmer Road. Bob described this request and recommended approval.
Motion made, seconded and unanimously carried to approve this administrative approval.
2. RFAA….. 312 Red Brook Road. Bob described this request and recommended approval.
Hearing Agenda
7:00 p.m., Mute Swan Corp., 333 Simmons Narrows (continued from 5/19/05). John Slavinsky represented the applicant and described the plan. Rick York said the comments of Marine Fisheries were resolved by adding float stops to keep the floats from going more than two feet off the bottom, which allows people to get underneath to shellfish.
Motion made, seconded and unanimously carried to approve this NOI.
7:05 p.m., Robert Stow, 25 Monomoscoy Road West (continued from 5/19/05). Dave Sanicki represented the applicant and described the plan. Bob said we could permit this provided we have a revegetation plan for a past violation. At one point we had a revegetation plan, but it was not done. Bob requested four 1 1/4 caliber trees.
Attorney Tom Souza, representing 27 Monomoscoy Road Trust, stated that his client objected to the pier. The property is a 45 ft. strip that cuts through two abutters’ property, and the abutters are concerned about the impact on the wetlands there. Bob said the elevated walkways, where gratings are used, are permitted under the Wetlands Protection Act
Mike noticed a water and electrical service on the plan, but no indication of the water and electrical service line. It was agreed to continue this hearing so that the applicant can submit a planting plan and methodology done by a competent landscaper and a plan showing the electrical service line.
Kathryn V. Wood, 17 Monomoscoy Road West, said in 1986 the subject property was owned by Leo Pallett, and his request for a pier was denied. She gave Bob a document on this. Bob said based upon his knowledge of the performance standards of salt marshes near the ocean he doesn’t know this plan cannot be approved, so he’ll have to research it
Bob asked Rick York if he had any comments about the shellfish impact between the mean low and mean high. Mr. York said no, but the information that he has for a pier is dated 4/11/05. He had not seen the later plan dated 5/20/05.
Motion made, seconded and unanimously carried to grant a continuance to July 14th at 7:25
p.m., at the request of the applicant.
7:10 p.m., Tom Smith, 226 Monomoscoy Road (continued from 5/19/05). Ed Pesce represented the applicant. Bob said we gave Mr. Pesce a formula for the mitigation plan, and he has submitted a plan but not five days in advance of this hearing, so we wouldn’t be able to close tonight. However, Bob recommended that we outline the outstanding issues tonight so it’s on the records. Mr. Pesce discussed the following:
1. Electric service planned to upgrade electric service into the boathouse.
2. Additions in front and rear of house. He submitted the plan to the members. He said the additions are to existing rooms, not new rooms, and the number of bedrooms will not be increased. Bob said for the additions to the existing rooms to be approved, the opening to each of these rooms must have an opening of a minimum of six feet and there can be no closets. Also, Bob will have to check the original building permit to make sure that the number of bedrooms in the existing house conforms to the new plan.
Regarding the additions, he prepared an exhibit of the site on which he superimposed areas of the proposed additions over the original plan, showing the mitigation area. Michael said we will want to see the mitigation at the buffer zone, since they are moving 20 ft. closer to the resource area. He said the plan must show all resource area delineations and the 1500 ft. buffer zone.
3. The previously approved pier, ramp and float has been changed to just a fixed pier with some additional pilings on either side. The Harbormaster suggested he go out further, a little bit deeper and make it a fixed pier. Rick York, Harbormaster, said he has no problem regarding the shellfish with the proposed changes.
4. A slight widening of the deck in front of the boathouse from 3 ft. to 3 1/2 ft. Bob said that was previously approved.
5. Deletion of a stone stairway where the proposed plantings will be.
6. He asked for an extension of the Order of Conditions because it is expiring in August. Bob said he has no problem with considering an extension, but the revetment was permitted in the superceding order, but not permitted according to the plan, so we need a Certificate of Compliance on that for the previous order. That would have to come from DEP, and Bob is wondering if the extension would have to come from DEP.
Motion made, seconded and unanimously carried to grant a continuance to July 14th at 7:30
p.m., at the request of the applicant.
7:15 p.m., Dr. Harry Felger, 95 Tide Run (re-advertised), (alter/remove vegetation, landscaping and grading). Bob said all corrections have been made and he recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:20 p.m., Michael Leblanc, 141 Daniel’s Island Road (continued from 6/02/05). John Slavinsky represented the applicant and described the plan. He submitted a plan dated June 17th which shows the removal of the garage.
Motion made, seconded and unanimously carried to approve this NOI.
7:25 p.m., Walter Wightman, 419 Monomoscoy Road (continued from 6/02/05). Dave Sanicki represented the applicant. Steve said the staking is now correct and he has no problems with the proposed plan, except for the removal of a Norwegian maple. Mike suggested we condition that we have a natural, no-disturb zone (no mowing, no fertilizing, no maintenance) moved up 10 ft. above the BVW line, and re-label the BVW the upper limit salt marsh line.
Motion made, seconded and unanimously carried to approve this NOI, with the condition that the natural, no-disturb zone be moved up 10 ft. to the upper limit salt marsh line.
7:30 p.m., Robert and Syrul Lurie, 29 Shoestring Bay Road (continued from 6/02/05). Amy Ball represented the applicant and described their proposal to some outstanding issues. Bob said there is nothing in Mashpee Chapter 172 that directly opposes the ramp, and the proposed mitigation has merit. He said we don’t get a request for something like this too often, otherwise he wouldn’t even consider accepting it. But he thinks it’s something we should consider because the mitigation is meaningful. Michael said that in view of the Chair not being favorably inclined towards this proposal, we may want to revisit that regulation on this issue.
Motion made, seconded and unanimously carried to approve this NOI.
7:35 p.m., Phillip Brown, 43 Cappawack Road (continued from 6/02/05). Mr. Brown was present. Steve said the mitigation plan far outweighs the deck, and he recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., Barbara Notarius, 9 Horseshoe Bend Way (continued from 6/02/05). Bob said National Heritage will be submitting their comments, but has not done so yet.
Motion made, seconded and unanimously carried to grant a continuance to June 30th at 7:30
p.m., at the request of the applicant.
7:45 p.m., James Bertino, 37 Pond Circle (construct and license a dock with maintenance in perpetuity and landscaping). John Slavinsky represented the applicant. National Heritage has not commented on this application.
Motion made, seconded and unanimously carried to grant a continuance to July 14th at 7:35 p.m., at the request of the applicant.
7:50 p.m., Chilton Development, 166 Waterway (repair and maintenance in perpetuity of an existing dock). Cass stepped down from this hearing, and Carol Moore, Associate Member, stepped in. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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