MASHPEE CONSERVATION COMMISSION
Minutes of April 21, 2005
Public Hearing
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, Cass Costa 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:
6:50 p.m., 33 Shoestring Bay Road, (revocation of vista pruning as an approved activity under AAOC 43-1723). Steve described the violation. Tom Jalowy, representing the applicant, said he walked the site and has prepared a mitigation plan. Ralph Cataldo said he had knee surgery at the time the work was done and wasn’t able to supervise the pruning. Mike said it is Town policy that when the mitigation planting has restored the area, they can come back to the Commission and refile a Notice of Intent for vista pruning privileges.
Motion made, seconded and unanimously carried to revoke the vista pruning as an approved activity under OOC 43-1723.
Non-Hearing Agenda
Old Business:
1. RFAA SE 43-2307, 123 Tide Run. Steve described the request and recommended approval.
Motion made, seconded and unanimously carried to approve this request for an administrative approval.
2. RFAA (SE 43-2191) Fred Glass, 41 Waterline Drive. Steve described the project and recommended approval. Mike said in order to construct, they will have to work within the naturally vegetated buffer zone and need a path around the deck in order to maintain it, and he’s not prepared to accept that. Also, the plan is not adequate – it doesn’t show where the work limit is and it should be 10 scale. The area will have to be staked, as this is not a minor change. Mike also thinks it doesn’t qualify as an administrative approval, but should be an amended order.
Motion made, seconded and unanimously carried to deny this administrative approval.
3. Falmouth Funded Lawn Program. Mike said this has been having a large impact with people’s perception of appropriate lawn management. It’s a voluntary program which relies on education via newspaper articles, a brochure and outreach events funded by the Town. Mike will research how Mashpee can initiate such a program utilizing Falmouth’s experience.
New Business:
1. Rachael Carson Day. Mike said one or two towns have declared that Rachael Carson’s birthday be proclaimed as a day of recognition. If the Board approves, Mike will work on a proclamation to present to the Mashpee Selectmen.
Hearing Agenda
7:00 p.m., Mute Swan Circle L.L.C., c/o The Beacon Co., 333 Simmons Narrows Road (continued from 3/17/05).
Motion made, seconded and unanimously carried to approve a continuance to May 19th at 7:05 p.m., at the request of the applicant.
7:05 p.m., John Malloy, 196 Wading Place Road (continued from 3/17/05).
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:20 p.m., at the request of the applicant.
7:10 p.m., Thomas Smith, 15 Horseshoe Bend Way (continued from 3/17/05). John Slavinsky represented the applicant and described the project. Steve recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
7:15 p.m., Marianne and Mark Townsend, 16 Deans Hollow Road (raze and rebuild house, septic system, utilities, landscaping). David Hawk and Barbara Frappier represented the applicant. Steve described the plan and he has verified the stakes. Ms. Frappier presented a new plan which reflects a shifted property line and was told that any revised plan must be submitted at least five days before the hearing. Mr. Hawk welcomed Mike’s recommendations for the plantings.
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:25 p.m., at the request of the applicant.
7:20 p.m., Dr. Harry Felger, 95 Tide Run (alter/remove vegetation and replace with plants and grading). No one was present to represent the applicant.
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:30 p.m., if and only if the applicant agrees to this in writing. If the request is not received, the applicant will have to make a new filing.
7:25 p.m., Lawrence Herman, 43 Uncatena Road (add entryway, porch and bulkhead).
Motion made, seconded and unanimously carried to approve a continuance to May 19th at 7:00 p.m., at the request of the applicant.
7:30 p.m., Judy Crossen, 181 Surf Drive (construct proposed house, porch, garage, deck, Title V septic and utilities).
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:15 p.m., at the request of the applicant.
7:35 p.m., Michael Intoccia, 134 Popponesset Island Road (replace grass lawn with new seed/loam). John Slavinsky represented the applicant. Steve recommended approval.
Motion made, seconded and unanimously carried to approve the project.
7:40 p.m., Gregory Hunt, 15 Harbor Ridge (addition, deck extension, roofed deck connection).
Dave Slavinsky represented the applicant. Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve the project.
7:45 p.m., Lisa Drake, 413 and 417 Monomoscoy Road (continued from 4/7/05). Pete Sullivan represented the applicant. Steve described the project, said the mitigation plan and septic system meet our standards, and he recommended approval. Jack said with the proposed expansion, they are now encroaching into the buffer zone. Mike said he would like to see all the landscaping and deck pushed back from the buffer, which will allow for potential revegetation of that buffer zone. After considerable discussion, it was decided that an extensive mitigation plan would be a favorable tradeoff for any intrusion of the construction into the buffer zone.
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:35 p.m., at the request of the applicant.
7:50 p.m., Edwin Sidman, 4 Mute Swan Circle (continued from 4/7/05). John O’Day, Sullivan Engineering, and David Hawk represented the applicant. There was considerable discussion regarding the failure of the plan in meeting our guidelines, so Messrs. O’Day and Hawk will consult with their client to revise the plan.
Motion made, seconded and unanimously carried to approve a continuance to May 19th at 7:10 p.m., at the request of the applicant.
7:55 p.m., Willowbend Country Club, 95 The Heights (continued from 4/7/05).
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:40 p.m., at the request of the applicant.
8:00 p.m., Willowbend Country Club, 97 The Heights (continued from 4/7/05).
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:45 p.m., at the request of the applicant
8:05 p.m., Willowbend Country Club, 89 The Heights (continued from 4/7/05). Amy Ball represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve the plan.
8:10 p.m., Willowbend Country Club, 91 The Heights (continued from 4/7/05).
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:50 p.m., at the request of the applicant
8:15 p.m., Willowbend Country Club, 93 The Heights (continued from 4/7/05).
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 7:55 p.m., at the request of the applicant
8:20 p.m., Punkhorn Realty, 80 Punkhorn Point Road (continued from 4/7/05). Dave Sanicki represented the applicant and described the plan. The commissioners did not feel the encroachment of the swimming pool into the buffered zone was justified.
Motion made, seconded and unanimously carried to approve a continuance to May 19th at 7:15 p.m., at the request of the applicant.
8:25 p.m., Robert and Syrul Lurie, 29 Shoestring Bay Road (continued from 4/7/05). Amy Ball represented the applicants and presented the plan.
Motion made, seconded and unanimously carried to approve a continuance to May 5th at 8:00 p.m., at the request of the applicant
8:30 p.m., Cape Southport Assoc., LLC, 3 Southport Drive (continued from 4/7/05). Lloyd stepped down for this hearing. John Bresnehan represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve the plan.
8:35 p.m., Kenneth Jones, 29 Great River Road (continued from 4/7/05). Joe Bucchanio represented the applicant and presented the new plan. Mike said he can’t tell where the resource boundaries are, where the buffer zone is, no contours are shown, the plants on the list are primarily non-native species, and there’s no indication where the plants are going. Usually we have an engineered plan that shows all the foregoing. He said there’s a 50 ft. buffer to this salt marsh, and what they plan to put within that 50 ft. buffer isn’t shown on this plan. That area is very critical to the Conservation Commission, and the plantings should be native and wildlife habitat species.
Motion made, seconded and unanimously carried to approve a continuance to May 19th at 7:20 p.m., at the request of the applicant
8:40 p.m., James Quigley, 130 Summersea (landscaping, realign concrete wall, add fieldstone wall). Mike reclused himself from this hearing. Jennifer Malila represented the applicant. Steve described the engineered plan and he recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
8:45 p.m., Dream Developers, 31 James Circle (brick walkway, existing landscape wall). John Sanicki represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve the plan.
8:50 p.m., Richard Gray, 177 Uncle Percy’s Road (addition, landscaping, grade adjustments, patio, septic, and plantings). Michael Grotzke represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve the plan with an Order of Conditions stipulating that the plantings will be 4 ft. on center.
8:55 p.m., New Seabury Tidewater Condominium Owners, 90 and 94 Shore Drive West (crushed stone path). Tara Marden represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve the plan.
Meeting adjourned at 9:25 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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