MASHPEE CONSERVATION COMMISSION
Minutes of December 28, 2006
Public Hearings
Mashpee Town Hall Meeting Room 1
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Commissioners present: ~Jack Fitzsimmons, Chairman, Lloyd Allen, Cass Costa, and John Rogers.
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Staff present: Steve Solbo, Agent, and Frances Wise, Board Secretary.
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Jack Fitzsimmons called the meeting to order at 6:55 p.m.
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Public Comment:~ None.
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Non-Hearing Agenda
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Old Business:~ None.
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New Business:~
1. Approval of minutes for 11/30/06.
Motion made, seconded and unanimously carried to approve the minutes for 11/30/06.
2. Blue Ribbon Committee. Following up on the problem of our meetings coinciding with theirs, Jack said he talked with Don Myers and explained that it is difficult for us to have someone attend their meetings full time, but he thinks we can get somebody to represent us at most meetings. Mr. Myers said that would be fine. The next meeting is January 18th. Jack thinks that any time any body attends their meeting, they should be prepared to brief the Commission on what was discussed.
3. Gate off Grafton Pocknett Road. Steve said the gate is finally installed, and he has a set of keys for it. The first time he checked it out, the gate was locked and a 4-wheel drive was parked in front of it. Three people inside were scouting out other ways to get into the area. Steve parked behind them and told them he didn’t know why they are looking around but he’s been noticing illegal bon fires down there. People have been going down there and taking live trees and grinding them up. He and Drew have seen trees cut with what looks like hatchets. Now they’ve seen a chainsaw there and piles of brush. The gate will force people to walk in. Boulders could be put in to deter ATVers. If we have a dry spell, any bon fire out of
control could cause a significant loss of Conservation land.
Hearing Agenda:
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7:00 p.m., Robert and Stephanie Spencer, 7 Ocean Bluff Drive (continued from 11/30/06). John Slavinsky represented the applicant, who has requested a continuance to February 8th. Steve believes there were 5-6 members present at the November 30th hearing, so there should be a quorum of those present at the February 8th hearing.
Motion made, seconded and unanimously carried to approve a continuance to February 8th at 7:00 p.m., at the request of the applicant.
7:03 p.m., Mark and June Levy, 16 Fells Circle (raze house, construct single family home, retaining walls, driveway, landscaping, utilities). Joe Harvey represented the applicant and described the plan. Steve said 1) he likes the idea of backing off the resource area and 2) he thinks the offered mitigation is ample because they are staying pretty much within what is already an existing disturbed envelope. The silt fence line is at the edge of the naturally vegetated area, so they are not intruding into any naturally vegetated areas, but are staying pretty much within the lawn and disturbed area, so he doesn’t see any problems. The existing house has two-bedrooms and the plan is for three bedrooms. Steve said with 20,700 ft. and going to a denitrification system, he
guarantees the figures won’t go below 5 parts to 1 million. He asked that the flowering dogwood trees be substituted with white or red oak or maple trees to offer a little more wildlife value.
Cass asked why the calculations work and it’s not in Zone 4. Steve said that’s because the Board of Health has approved it, and it’s not our regulation. Mr. Harvey said the flood zone was not an issue for the existing house or the proposed house.
Motion made, seconded and unanimously carried to approve this NOI with the condition that the flowering dogwood trees be substituted with white or red oak or maples.
7:06 p.m., George Schmidt, 17 Santuit Lane (rebuild existing deck, add second floor, install roof runoff drywells, and foundation repairs). John Slavinsky represented the applicant and described the plan. Steve said that the plan to use a machine to excavate in the area proposed is not a problem. Cass asked what is going into the second floor. Steve said no architectural plan was needed because this is an RDA. Everything that’s happening is in the existing footprints and he recommended approval with the condition that he have an on site meeting with Mr. Slavinsky to check out the area of excavation in question.
Motion made, seconded and unanimously carried to approve this RDA with the condition that Steve will have an on site meeting with Mr. Slavinsky regarding the area of excavation in question.
7:09 p.m., Kevin Howard, 20 and 22 Cappawack Road (continued from 12/14/06).
Motion made, seconded and unanimously carried to approve a continuance to January 11th, at 7:09 p.m., at the request of the applicant.
7:12 p.m., Michael Corwin, 48 Fells Pond Road (demolish existing dwelling and construct new single family home with associated appurtenances). Steve said Mr. and Mrs. Niebauer, abutters, would like to express tonight for the record a concern they have because they don’t know if they will be in town for the next meeting. Mrs. Niebauer said they are relatively new owners and have done significant renovations on their home. They don’t oppose in principle having a new home, but they are concerned because they received notice that something is going to happen, but they did not receive notice of this hearing tonight. They received a page, but not the date. If there is a continuance, she requested that they be notified of the date and time.
Steve said that is up to the applicant. What the Niebauers received under the State act actually meets the guidelines as far as legal notice is concerned. However, what they received does not meet the standards of what the Town of Mashpee requires. We require that a notice that we give to a person must be sent out with a Notice of Intent. In this case it was not, so he contacted the BSC Group and said that when we give them notice, we assume that the information will be sent to the abutters. However, there was a discrepancy, they have changed their system, and Steve doesn’t foresee it happening again. Mrs. Neibauer said their only concern is that the natural vegetation be preserved as much as possible. They tried to do that.
Motion made, seconded and unanimously carried to approve a continuance to January 11th at 7:12 p.m., at the request of the applicant.
7:15 p.m., Bonnie Smith, 266 Monomoscoy Road (construct and maintain in perpetuity a pier, ramp, and float). John Slavinsky represented the applicant. Steve said there are a couple of issues that we should discuss before proceeding further tonight. There is a disagreement with the mean low waterline that makes or breaks this filing in terms of what the applicant will have to do to get an easement on Town property in front of their property to access the structure they are building. In most cases we don’t get involved with property issues. However as a Commission and Board of the Town, he believes we have to act in best faith in behalf of the Town’s best interest, so he will discuss this with Town Counsel. It is technically open space which is governed by the
Board of Selectmen, it’s shown on the Assessor’s records as salt marsh owned by the Town of Mashpee, there have been no records of interest shown in the property that is being accessed for this structure, and he’s been told by Town Counsel that any access will have to be granted with an easement to the salt marsh. Steve said there are other questions, but he thinks they are better served if we discuss them later so that they will be fresh in everybody’s mind. There should also be an on-site meeting with him and the Harbormaster, Shellfish, and Waterways because they will have comments about exactly where the mean low waterline is located or shown on this plan. Steve said he has an email from the Chairman of the Waterways Commission, and Rick York, Town Shellfish Constable, is currently working on a letter.
Motion made, seconded and unanimously carried to approve a continuance to January 25th, at 7:00 p.m., at the request of the applicant.
7:18 p.m., Geoffrey Willis, 65 Hooppole Road (construct, license and maintain in perpetuity a pier, ramp and float). John Slavinsky represented the applicant and described the plan. Steve recommended we close, and if Natural Heritage advises that they have a problem, the applicant will have to come back with an amended order or a new NOI depending on what they may say.
Motion made, seconded and unanimously carried to approve this NOI pending notice from Natural Heritage.
7:21 p.m., Jeffrey Cross, 86 Waterway (construct and maintain in perpetuity a wooden bulkhead along the shore to replace deteriorating existing stonewall). John Slavinsky represented the applicant and described the plan. Steve said one new thing in our By-laws is that we don’t allow vertical structures. This can be achieved by simply putting something there to break up possible wave energy. This is a rather low wave energy site, but it is in an A Zone. In a past similar situation, Jim Mahala recommended something like small stones at the toe of the wall, so if there is a storm event, there wouldn’t be any scouring. This would take it from vertical to step. Steve would consider gabions vertical because they have a vertical face. This structure is all above mean
high water, so it does need a Chapter 91 license. Jeff is trying to do this to protect his property and house, because he’s losing land fast. Steve believes any wave action would be minimum in this area, and he recommends adding the stones as a solution.
Motion made, seconded and unanimously carried to approve this NOI incorporating Steve’s suggestion to add the small stones at the toe of the wall.
Meeting adjourned at 8:00 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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