MASHPEE CONSERVATION COMMISSION
Minutes of May 19, 2005
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, 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: None.
Non-Hearing Agenda
Old Business:
1. Santuit Pond Dam. Bob said since the last storm two weekends ago there are severe problems with the dam. He and Steve have been there twice and Bill Fisher concurs. The DPW will be going out there tomorrow to lay sand bags from the stock that we have, and they have to cut down one tree where half of the root system is in the water and half out.
2. AFCEE. Bob said the Air Force has requested a soil analysis on the area to the northwest of the K1 bog to determine the impact on the wetlands.
3. Association to preserve Cape Cod (APCC). Bob said Mark Robinson as a courtesy wanted to inform us they want to transfer the Conservation restriction to ORENDA.
Motion made, seconded and unanimously carried to endorse the transfer of Conservation restriction from APCC regarding wildlife protection.
4. AFCEE Bob said that he and Bill Fisher have been negotiating with AFCEE for months for 1) a Horsley Witten study of the vernal pool and pumping, and 2) a feasibility study for relocating a segment of the river affected where the berm sank. They now have an agreement, and Bob asked for the members’ signatures on a document reflecting this.
5. Rachel Carson Day of Recognition. Mike emailed his draft of a proclamation to the members and all gave their agreement.
Motion made, seconded and unanimously carried to submit the resolution proclaiming May 27th as Rachel Carson Day to the Board of Selectmen upon its revisions.
New Business:
1. RFAA SE 43-2287, Hayes, 5 Compass Circle. Bob said this request is all within the work limit and he recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2287.
2. RFAA SE 43-2224, O’Connell Dock, Monomoscoy Road West. Bob said they want to eliminate two sets of pilings between the mean high water and mean low water, and put in a prefab ramp. He recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2224.
3. Continuances. Jack noted that there have been five continuances on the John Malloy NOI for a dock. Bob said we have a hard time coalescing the policies of the DMF and Shellfish Department, and there is a procedural process problem with the way DMF handles docks and the way we have handled them. Mike asked if there is some process by which we could better handle multiple requests for continuances. Bob said he thinks the process would be to tell the applicant that he/she must be at the hearing to agree or not agree to a continuance.
Motion made, seconded and unanimously carried by the Mashpee Conservation Commission to establish a new policy whereby an applicant or representative must be present to request a third continuance for the same filing in order to discuss the status of the project, or the Commission will deny that application.
4. Regulations Sub-Committee. A meeting will be held at on Wednesday, May 25th at 7 p.m. at Mike’s home.
Hearing Agenda
7:00 p.m., Lawrence Herman, 43 Uncatena Road (continued from 04/21/05). Anthony Ferragamo represented the applicant and described the plan. Bob said Mr. Ferragamo has selected excellent plantings, all the violations have been resolved, and he recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:05 p.m., Mute Swan Corp., 333 Simmons Narrows (continued from 04/21/05).
Motion made, seconded and unanimously carried to grant a continuance to June 16th at 7:00
p.m., at the request of the applicant.
7:10 p.m., Mute Swan Corp., 4 Mute Swan Circle (continued from 04/21/05).
Motion made, seconded and unanimously carried to grant a continuance to June 2nd at 7:20
p.m., at the request of the applicant.
7:15 p.m., Punkhorn Realty, 80 Punkhorn Point Road (continued from 04/21/05). Dave Sanicki represented the applicant and described the plan, which included the removal of two trees near a pool. Mike requested that the applicant hire an arborist who is a member of the American Society of Consulting Arborists to see if the trees can be saved. Mr. Sanicki said he would be willing to do so.
Motion made, seconded and unanimously carried to approve this NOI with an Order of Conditions that the applicant will hire an arborist who is a member of the American Society of Consulting Arborists to see if the trees can be saved.
7:20 p.m., Kenneth Jones, 29 Great River Road (continued from 4/21/05). Jerry Kammen represented the applicant.
Motion made, seconded and unanimously carried to approve this AOC.
7:25 p.m., Robert Spousta, 150 Ninigret Avenue (install four dry wells). Mr. Spousta described the plan. Bob recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:30 p.m., Robert Stow, 0 Monomoscoy Road (continued from 05/05/05).
Motion made, seconded and unanimously carried to grant a continuance to June 16 at 7:05
p.m., at the request of the applicant.
7:35 p.m., Edwin McGuire, 410 Monomoscoy Road (changes from partial to total demo on house/garage and rebuild). Dave Sanicki represented the applicant and described the project.
Motion made, seconded and unanimously carried to approve this AOC.
7:40 p.m., John Vidal, 252 Wheeler Road (install deck and landscape). Mr. Vidal was present. Tim Green described the project. Bob said the revegetation plan improves the existing conditions. Mike suggested that rather than planting perennials at the top of the bank, they plant them a little in-land. He asked how much more the new deck encroaches compared to the existing one. Answer: maybe one foot. Bob suggested some changes in the plantings, to which the applicant agreed.
Motion made, seconded and unanimously carried to approve this RDA.
7:45 p.m., John Malloy, 196 Wading Place Road (continued from 05/05/05).
Motion made, seconded and unanimously carried to grant a continuance to June 2 at 7:10
p.m., at the request of the applicant.
7:50 p.m., Mashpee Realty Investors #1, LLC, 688 Great Neck Road South (approval of updated landscape plan). No one was present to represent the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
7:55 p.m., Town of Mashpee DPW, Attaquin Park at Lake Avenue (propose beach nourishment). Bob said this application has been withdrawn.
Motion made, seconded and unanimously carried to approve the withdrawal of this RDA.
8:00 p.m., Pat Taylor, 108 Fells Pond Road (remove brush and install a walking path). Jack reclused himself from this hearing. Steve described the project and recommended approval. Jack asked why this was an RDA, not an NOI. Steve said because technically it falls within the buffer zone. Jack expressed concern about a path and trees at the edge of the property.
Motion made, seconded and unanimously carried to approve this RDA contingent upon the applicant adding to the work description that the path will be staked.
8:05 p.m., Tom Smith, 226 Monomoscoy Road (install underground lines, additions, reconfigure pier, ramp, float, widen deck repair, delete stone stairs).
Motion made, seconded and unanimously carried to grant a continuance to June 16 at 7:10
p.m., at the request of the applicant. Bob said the reason for the continuance is 1) they have to apply to the Board of Appeals for a permit, and 2) the grounds were littered with debris and have been cited by the Board of Health to be cleaned up. Bob told the applicant’s consultant, Mr. Pesce, that the cement bags on the slope should be removed and the construction of the stone revetment which was previously permitted should be finished before the hurricane season. He also told Mr. Pesce that we will permit nothing until the grounds are properly cleaned up and the revetment is finished. Bob will inform Mr. Pesce that he should be present at the June 16th hearing to explain the progress.
8:10 p.m., Judy Crosssen, 181 Surf Drive (continued from 05/05/05). John Slavinsky represented the applicant and described the project.
Motion made, seconded and unanimously carried to approve this NOI.
8:15 p.m., Willowbend Country Club, 95 The Heights (continued from 05/05/05). Steve was not able to verify the stakes.
Motion made, seconded and unanimously carried to grant a continuance to June 2 at 7:30
p.m., at the request of the applicant.
8:20 p.m., Willowbend Country Club, 97 The Heights (continued from 05/05/05). Steve was not able to verify the stakes.
Motion made, seconded and unanimously carried to grant a continuance to June 2 at 7:35
p.m., at the request of the applicant
8:25 p.m., Willowbend Country Club, 91The Heights (continued from 05/05/05). Steve described the project and recommended approval. Amy Ball represented the applicant and further described the project.
Motion made, seconded and unanimously carried to approve this NOI.
8:30 p.m., Willowbend Country Club, 93 The Heights (continued from 05/05/05). Amy Ball represented the applicant. Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
8:35 p.m., G. Arnold Haynes, 4 Cranberry Lane (construct house/garage, deck, driveway, utilities, septic and landscaping). John Slavinsky represented the applicant and described the project.
Motion made, seconded and unanimously carried to approve this NOI and issue an Order of Conditions stipulating that there will be no lawn, all future landscaping will be with native plants, a revised plan will show the inland bank, and the nitrogen counts will be confirmed.
Meeting adjourned at 8:43 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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