MASHPEE CONSERVATION COMMISSION
Minutes of May 5, 2005
Public Hearing
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: Steven Solbo, Assistant Agent, and Frances Wise, Board Secretary.
Jack Fitzsimmons, Chairman, called the meeting to order at 6:50 p.m.
Public Hearing: none
Non-Hearing Agenda
Old Business:
1. RFAA SE 43-2093, Quashnet Valley Country Club. Steve said they are asking to repair the bridges with landscape tiers instead of gabions.
Motion made, seconded and unanimously carried to approve this request for an administrative approval.
2. RFAA without a filing, Quinaquisset and Route 28 intersection. Steve said the Town wants to prohibit a left turn onto Route 28, and allow a right turn only, and they will have to change the structure of the island to do so. He recommended approval.
Motion made, seconded and unanimously carried to approve this request for an administrative approval.
3. Approval of Minutes for 3/17/05 and 4/7/05.
Motion made, seconded and unanimously carried to approve the above minutes.
4. RFAA SE 43-1455, Quaker Run Road. Steve said this is an application for a float which is actually getting smaller. The existing one is 20x10 ft., which is beyond the limit. It has been reduced to 6x25 ft. and instead of extending out into the channel, it will go sideways. Jack asked if this has to do with the Army Corps of Engineers and the State. Steve said he believes they do have a Chapter 91 License. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this request for an administrative approval.
5. Rachael Carson Day of Recognition. Mike will email his draft of a proclamation to the members.
New Business: none.
Hearing Agenda
7:00 p.m., AFCEE, 110 Grafton Pocknet Road (operation and maintenance, monitoring activities associated with the operation of the Fuel Spill-2 plume extraction ). Len reclused himself from this hearing. Mike Minior, representing AFCEE, said the issues here are 1) providing funding for the monitoring of the impact on the nearby wetlands, and 2) the berm that subsided in the K6 bog near the Quashnet River. He said two options were presented at a meeting two weeks ago. One was that AFCEE could go ahead with the work and provide funding for Horsley & Witten to agree with what AFCEE did and give the funding to the Conservation. Steve said that Bob said the only issue on which the Commission has to close and issue is agreement on the berm. This Order of Conditions
excludes all the structure and roads that were included in the first Order of Conditions and is strictly for the operation and maintenance of the pumping and monitoring. Peggy Fantozzi has been involved in this and is in agreement.
Motion made, seconded and unanimously carried to approve this NOI.
7:05 p.m., Robert Stow, 0 Monomoscoy Road West (construct pier, ramp and float with MIP).
Motion made, seconded and unanimously carried to grant a continuation to May 19th at 7:30 p.m., at the request of the applicant.
7:10 p.m., Christopher D’Antonio, 17 Pontiac Road (mitigate previously cut shrubs and trees, install vinyl stockade fence). Mr. Antonio was present. Steve described the project and recommended approval. The vinyl stockade fence will have a matte finish.
Motion made, seconded and unanimously carried to approve this RDA.
7:15 p.m., Judy Crossen, 181 Surf Drive (continued from 4/21/05). John Slavinsky represented the applicant. Steve said the new plan shows a revision of the top of the coastal bank, but there is an outstanding issue with the garage which is currently within 29 ft. of the top of the coastal bank. Mr. Sanicki said there have been cases before the Commission where the entire lot is a coastal bank, and in this case they have maximized the distance to the river. Jack said we look at each case on an individual basis. Mike said in the past we have made a lot buildable by requiring mitigation planting. The rules are clear regarding a 35 ft. setback. Jack read a letter from NHESP stating that they have determined that this project is not near the actual habitat of the State protected
land for wildlife species.
Motion made, seconded and unanimously carried to grant a continuation to May 19th at
8:10 p.m., at the request of the applicant.
7:20 p.m., John Malloy, 196 Wading Place Road (continued from 4/21/05).
Motion made, seconded and unanimously carried to grant a continuation to May 19th at
7:45 p.m., at the request of the applicant.
7:25 p.m., Marianne and Mark Townsend, 16 Deans Hollow Road (continued from 4/21/05). J. T. Newton and Barbara Frappier represented the applicant. Steve described the plan and recommended approval. Mr. Newton was willing to substitute some of the plants with those recommended by Mike.
Motion made, seconded and unanimously carried to approve this NOI.
7:30 p.m., Dr. Harry Feiger, 95 Tide Run (continued from 4/21/05). This was the second hearing when no one was present to represent the applicant.
Motion made, seconded and unanimously carried to close this hearing and deny the issuance of an Order of Conditions, and require that the applicant re-file. If there are mitigation issues involved, we will consider an Enforcement Order
7:35 p.m., Lisa Drake, 413 and 417 Monomoscoy Road (continued from 4/21/05). Steve described the project. He said the mitigation area that is being provided is over and above what is needed to meet our standards, and he recommended approval. It was agreed that the mitigation plan is a net plus.
Motion made, seconded and unanimously carried to approve this NOI. with an Order of Conditons that the Cape Cod all season mix grass be replaced with the grass seed mixture we recommend.
7:40 p.m., Willowbend Country Club, 95 The Heights (continued from 4/21/05). Steve said he had not been able to visit the site to verify the engineer plan and the plan was not received five days prior to this hearing.
Motion made, seconded and unanimously carried to grant a continuation to May 19th at
8:15 p.m., at the request of the applicant.
7:45 p.m., Willowbend Country Club, 97 The Heights (continued from 4/21/05).
Motion made, seconded and unanimously carried to grant a continuation to May 19th at
8:20 p.m., at the request of the applicant.
7:50 p.m., Willowbend Country Club, 91 The Heights (continued from 4/21/05).
Motion made, seconded and unanimously carried to grant a continuation to May 19th at
8:25 p.m., at the request of the applicant.
7:55 p.m., Willowbend Country Club, 93 The Heights (continued from 4/21/05).
Motion made, seconded and unanimously carried to grant a continuation to May 19th at
8:30 p.m., at the request of the applicant.
8:00 p.m., Robert and Syrul Lurie, 29 Shoestring Bay Road (continued from 4/21/05). Amy Ball represented the applicant. Steve said the issue was a dock about 200 ft. long, which has now been downsized at Perry Ellis’s request. Rick York does not have any concerns. Steve feels that this project meets the performance standards of all the resource areas affected. Jack said on that basis if the dock were 3 times this size, it would still meet our performance standards. He feels this is nothing more than a deck, and he is opposed to it. Mike said we will have to tighten up our Regulations for the future.
Jack McElhinney, attorney for the applicant, said the Luries are in their 70’s and are active birders. Mrs. Lurie is not in good health and this is an area for her to sit and enjoy the area. He said 1) the deck has been reduced to 30% in size and the light penetration of 75% is better than if there were a few extra feet of pier, so in terms of impact it’s probably a wash, and 2) the deck has been situated in a location that minimizes the disturbance to the salt marsh region.
Steve said the Regulations specifically mention that a deck is not allowed in conjunction with a pier/ramp/float. Jack said we have never permitted a deck in this pond in a Notice of Intent. The owner could change in three months. Mr. McElhinney said they would accept the condition that this was permitted to the present ownership only. Steve said that making such a condition doesn’t fall under our jurisdiction. Len suggested that we research the definition of “deck” as it pertains to our regulations.
Motion made, seconded and unanimously carried to grant a continuation to June 2nd at
7:00 p.m., at the request of the applicant.
8:05 p.m., Paul and Karen Patneaude, 22 Shorewood Drive (install a shed). Mike said a structure in a wetland requires a Notice of Intent, and any structure like this shed that has a potential impact on a resource area has to be reviewed by Natural Heritage.
Mr. Patneaude had mentioned that he put cut grass on the top of the bank to lessen erosion, and Mike asked that he not do this because that grass would kill any natural vegetation, and instead plant native plants such as those on the Conservation recommended list. Steve said anything they plan to do on the bank falls under our jurisdiction.
Motion made, seconded and unanimously carried to approve this RDA.
8:10 p.m., Thomas Caston/Peninsula Council, Inc., Rock Landing Road (plantings and pathway). Tom Jalowy represented the applicant and described the project. Steve 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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