MASHPEE CONSERVATION COMMISSION
Minutes of June 2, 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, Jeffrey Cross, and Ralph Shaw.
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:
1. New Seabury – Post-storm beach nourishment. Brad Holmes, BSC Group, asked the Commission about allowing New Seabury to do post-storm nourishment to counteract erosion. Bob said that the language of the current permit does not address beach nourishment after a storm, but he feels that granting an Amended Order for it is worthy of consideration. He said we don’t know what will have to be done, and we are not acting on it tonight; rather we are just agreeing that we are willing to entertain it as a request. We would set some parameters.
Non-Hearing Agenda
Old Business:
1. Bob’s resignation letter. Bob distributed to the members his resignation letter. He thinks his last day in the office will be September 30th. The exact date of his retirement is up in the air because of consideration of Social Security aspects. Jack said he talked with Joyce Mason who said under the new charter the process has changed somewhat. She said she would be doing the screening of the applicant, but she’d like to have someone from the Conservation Commission present. Jack recommended that the process begin now, and all agreed.
2. Approval of minutes for 4/21/05 and 5/05/05.
Motion made, seconded and unanimously carried to approve the above minutes.
3. Regulations Sub-Committee. Bob said Mike has done some commendable work on a lawn policy and for correcting violations with revegetation. They will try to complete a regulation on this subject for the next meeting to put forth at a Regulations hearing.
4. Mike distributed to the members the Joint Resolution Proclaiming May 27th as Rachel Carson Day.
Motion made, seconded and unanimously carried to submit this resolution to the Board of Selectmen for their approval.
.
New Business:
1. RFAA SE 43-2181, 23 Shoestring Bay. Steve did a pre-work on-site for a dock, pier, ramp and float. Some sand had been dug out at the bottom of the bank, and it appeared that a river otter was inside the hole! Michael Grotzke agreed to move the project 16 ft. to the left to accommodate the otter.
Motion made, seconded and unanimously carried to approve this administrative approval.
2. RFAA SE 43-2243, Whippoorwill Circle. Bob said they want to reduce the size of the house, and he recommended approval.
Motion made, seconded and unanimously carried to approve this administrative approval.
3. RFAA Bayside Road – Plantings on Conservation land.. Bob said they want to plant 300 18-24” white pine and hemlock saplings on Conservation land. Michael said that hemlocks would not be appropriate on the Cape. If they are for looking something evergreen, American Holly and Eastern White Spruce would be more appropriate. Bob will let them know that we’re open to the concept but they have to rethink their plantings.
4. Community Preservation Act Committee. Bob said that BOS has asked that someone on the Conservation Commission be a member of the Community Preservation Act Committee. Bud volunteered.
5. Bob said we’re starting to get cases where a person has had an interim license under Chapter 91 that does not pass with property when it’s passed on to a family member, so these people have to go for a simplified license. Except when they open a simplified license, they have to have a negative determination or an Order of Conditions. It’s been our policy in the past under Chapter 91 to let people file RDA’s for continued maintenance where there’s a valid license. He doesn’t see any reason for us to stop them from transferring to a new owner, so he recommends that we tell them that the maintenance policy is they can just file an RDA as long as the Chapter 91 structure is in conformance with licensed plans.
Motion made, seconded and unanimously carried where a valid Chapter 91 interim permit previously existed (and was recorded), a person (new owner) wishing to obtain a Chapter 91 Simplified Process Permit may file an RDA, unless the structure being permitted is not in compliance with the plan of record for said interim permit. Any Negative Determination so issued shall require notice to the Commission for any repair/reconstruction activities, with the Commission retaining the right to require a pre-work site visit and to impose conditions, as necessary, to protect the wetland values of Chapter 172.
6. Barnstable County Coastal Resources Committee. Jack said he received a letter from this group saying they are having a meeting on June 14th about dredging.
Hearing Agenda
7:00 p.m., Robert and Syrul Lurie, 29 Shoestring Bay Road (continued from 05/5/05). Amy Ball represented the applicant and described the project. Bob said when Amy proposed this, he thought it worthy of consideration, since we do have a mitigation clause and it could be applied here, and it’s something he thinks we should investigate. He suggested an on-site visit with Steve, himself, Amy and Don Schall to do some salt marsh restoration on the adjacent property due to a violation. To allow this, we would have to look at some compensatory mitigation formula for activity which our regulations do allow.
Jack said this involves a deck, dock and platform that are below the mean high waterline, and we’ve never approved anything like this before. Bob said we’ve never had anyone solicit approval based upon some mitigation. Jack said it would be doing something that’s against what we fundamentally believe in. If we allow something like this, it may open the door to people wanting to build decks over the mean high water and over the coastal bank. Bob said we have to base our decision on our performance standards. We should not make decisions based on premises, but based upon what a concrete proposal would do for us, as sometimes a mitigation could give us a net plus. The concern he has is not the use of salt marsh mitigation which might be worthwhile. His concern about
platforms on docks is in terms of their use and effects upon the wildlife which uses the transition area. We are looking at Chapter 172.
Motion made, seconded and unanimously carried to grant a continuance to June 16 at 7:30
p.m., at the request of the applicant.
7:05 p.m., Carl Lando, 42 Fells Pond Road (expand a deck). Mr. Lando was present. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:10 p.m., John Malloy, 196 Wading Place Road (continued from 05/19/05).
Motion made, seconded and unanimously carried to grant a continuance to July 14th at 7:10
p.m., at the request of the applicant.
7:15 p.m., Phillip Brown, 43 Cappawack Road (build a deck). Mr. Brown was present. Steve said we need a new plan -- it has to show the delineation of the resource areas and the vernal pool, and it looks like a lawn has been put in. Mr. Brown said he bought the house in March and the lawn was already there. Steve said he highly doubts that it meets our mix standards. Mr. Brown will come to our office and talk with Steve to ascertain if the plan could possibly be approved.
Motion made, seconded and unanimously carried to grant a continuance to June 16 at 7:35
p.m., at the request of the applicant.
7:20 p.m., Mute Swan Circle (Sidman), 4 Mute Swan Circle (continued from 05/19/05). Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:25 p.m., C. Talanian Realty, Intersection of Quinnaquisset Avenue/Route 28. Don Megathlin represented the applicant and described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:30 p.m., Willowbend Country Club, 95 The Heights (continued from 05/19/05). Amy Ball represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:35 p.m., Willowbend Country Club, 97 The Heights (continued from 05/19/05). Amy Ball represented the applicant. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:40 p.m., Walter Wightman, 419 Monomoscoy Road (construct new house, Tltle V septic, utility services, driveway, convert existing house to a garage/storage facility).
Motion made, seconded and unanimously carried to grant a continuance to June 16 at 7:25
p.m., at the request of the applicant.
7:45 p.m., Michael Leblanc, 141 Daniel’s Island Road (construct house additions, garage, driveway, stairs, landings and walkway). Steve said the staking wasn’t done properly.
Motion made, seconded and unanimously carried to grant a continuance to June 16 at 7:20
p.m., at the request of the applicant.
7:50 p.m., Barbara Notarius, 9 Horseshoe Bend Way (construct house additions, garage, driveway, stairs, landings and walkway). Mike Ball represented the applicant. Bob said he thought the project was approvable pending approval by Natural Heritage and DEP.
Motion made, seconded and unanimously carried to grant a continuance to June 16 at 7:40
p.m., at the request of the applicant.
7:55 p.m., Eladio R. Gore, 187 Hoophole Road (extend existing deck, construct addition with deck).
Motion made, seconded and unanimously carried to grant a continuance to July 14th at 7:15 p.m., at the request of the applicant
8:00 p.m., Stephen and Sarah Daley, 202 Rock Landing Road (relocate entryway, additions, relocate bulkhead). Carl de Lorme represented the applicant and described the plan. Only the 6x8 ft. addition and the exterior wall are in this RDA project. A Notice of Intent will be filed for the remainder of the project.
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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