MASHPEE CONSERVATION COMMISSION
Minutes of September 14, 2006
Public Hearings
Mashpee Town Hall Meeting Room 1
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Commissioners present: ~Jack Fitzsimmons, Chairman, Ralph Shaw, Vice Chairman, Len Pinaud, Clerk, Cass Costa, Jeffrey Cross, and John Rogers.
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Staff present:~ Steve Solvo, 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 8/17/06
Motion made, seconded and unanimously carried to approve the minutes for 8/17/06.
2. Grant. Steve said he and Drew applied for a grant from the Barnstable County Cooperative Extension. They offer a grant for up to $10,000 for Conservation Land protection. DPW will match funds to install gate.
Hearing Agenda:
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7:00 p.m., Martin Shaevel, 126 Shore Drive West (extend a walkway, coastal bank walkover structure, and beach nourishment). Brad Holmes described the plan and Steve recommended approval. Mr. Holmes then said they had proposed a three-foot path, and he asked if it could be four-feet wide. Steve said that is allowable. Steve said our regulations allow nourishment before and after a storm within a period of 36 hours of the storm.
Attorney Robert Sullivan, representing David Penchin, said his client is concerned about the size of the structure and its potential impact on the dunes. Steve said there will be some adverse impact for a very, very short time right after the construction, but typically the environmental impact will diminish afterwards. He said the project meets the performance standards for coastal banks of both the Massachusetts Wetlands Protection Act and the Mashpee By-law, and he recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:05 p.m., James DeVincent, 122 Old Brickyard Road (continued from 8/31/06). Steve said Natural Heritage has advised that the project will have no adverse effect, but the number of bedrooms has to be resolved with the Board of Health.
Motion made, seconded and unanimously carried to grant a continuance to September 28th at 7:15 p.m., at the request of the applicant.
7:10 p.m., Jonathan Burtis, Riverside Road (continued from 8/31/06). No one was present to represent the applicant.
Motion made, seconded and unanimously carried to grant a continuance to September 28th at 7:30 p.m. The applicant has 5 days to respond.
7:15 p.m., James Coronella, 23 Buccaneer Way (continued from 8/31/06). Steve said the Board of Health has advised that no application is necessary, and he recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., Robert Caggiula, 45 Hooppole Road (continued from 8/31/06). Jack Landers-Cauley represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI with the understanding that if the Natural Heritage Endangered Species Program says there is an adverse impact, the applicant is ordered to come back to the Commission to ask for an amended order, and if that amended order changes the scope of the project, it is possibly subject to the new Notice of Intent.
7:25 p.m., Marlene Susienka, 160 Wheeler Road (construct an addition, extend deck and add screened-in-porch). Cass reclused herself from this hearing. Ms. Susienka described the project. Steve requested a line of plants along the bottom of the bank, and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:30 p.m., David Jaye, 40 Popponesset Island Road (demolish and rebuild new single family home with associated appurtenances). John Rogers reclused himself from this hearing. Brad Holmes represented the applicant and described the plan. Steve said when he was at the site recently he noticed that an area of the beach is being maintained as a recreation area, and there are two small boats being stored on saw horses in the marsh grass, and some kind of swinging chair that was not there two or three weeks ago. Mr. Holmes said he spoke with the applicant about the chair and the boats, and they will be removed. The 100 sq. ft. of beach falls under the 1748 plan regarding beach nourishment as needed and is supposed to be maintained off the landing. Steve will check into this.
Steve said the boats can be stored on the sand, but not on marsh grass.
Cass pointed out that the plan does not show the setbacks. Mr. Holmes said he will have this shown on the plan with a stamp. Regarding the number of bedrooms, Steve said the number of bedrooms will not exceed the number previously permitted.
Motion made, seconded and unanimously carried to approve this NOI.
7:35 p.m., Mike O’Hara, 76 Greensward Road (install a swimming pool, retaining wall, chain link fence, patio, stairs and plantings). Tom Jalowy represented the applicant. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., Stanley Murray, 120 Old Brickyard Road (permit an existing 4x8 ft structure). Steve said he received a call from someone who said that Mr. Murray had an illegal structure on his property and it was impeding their view of the pond. The owner uses the structure to store firewood during the winter. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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