MASHPEE CONSERVATION COMMISSION
Minutes of July 20, 2006
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, John Rogers and Ralph Shaw.
Staff present: Drew McManus, 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: None.
New Business:
1. RFAA SE 43-1561. 16 Popponesset Isle Road (Robert Kraft). Drew said he and Steve drove by the property a few weeks ago and saw a sod truck in front of the property. The owner was required to sow a mix of ryes and fescues as per the order of conditions. Waverly Landscaping had instead installed a sod mix of 50% Kentucky bluegrass and 50% fescues in the lawn area abutting the coastal bank.
Holmes and McGrath (Kraft’s contractors) had requested that the sod be left in place and not watered or fertilized, as this would result in the fescues gradually dominating the bluegrass over time, thus complying with our lawn regulations (letter from sod supplier given to agent reaffirming contractor’s claim of fescue dominance over time).
Jack said we have gone over very carefully with a Notice of Intent what is required, and now the landscape company (Waverly Landscaping) goes ahead and makes a change, and they don’t even bother to tell us. Concom agents discovered it by happenstance.
Michael said if they wanted to make this change, they could have asked for an amended order or even an administrative approval as they’re doing now, and they need to defend this. What they’re missing is a management program that would guarantee it would be converted to fine fescue sod. No management program has been submitted, and it is unrealistic to assume agents can monitor growth of sod to desired outcome.
Motion made, seconded and unanimously carried to reject RFAA SE 43-1561 stating that 1) their work needed to be approved before installation, 2) there is no management program that will guarantee that this will become fine fescue sod, and 3) we want them to remove the sod and seed it according to the order of conditions.
2. RFAA SE 43-2339, 80 Punkhorn Point Road (Eric Peterson). Michael recused himself from this hearing. John Slavinsky represented the applicant and described the project. Drew recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2339.
3. RFAA SE 43-2370, 107 James Circle (James Harris). John Slavinsky represented the applicant. Drew recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2370.
4. Mashpee Police Department – ATV purchase research. Drew spoke with Officer Al Tadino who said they can purchase an unused 2000 Honda Rancher 4-Track ATV at a reduced price of $7,200, which is almost $2,000 less than full price. He said purchasing it through the Drug Enforcement Agency can be a long process. Len asked if the Mashpee Police have contacted the Environmental Police and the Environmental Strike Force who work together on catching violators. Perhaps the Mashpee Police would like to network with them.
Motion made, seconded and unanimously carried to approve the purchase of an ATV for $7,200 to provide the Mashpee Police with a second ATV to police Conservation land.
5. Cape Cod Times Article – “Clams Act as Water Cleaner.” Drew distributed this to the members.
6. Approval of minutes for 6/22/06.
Motion made, seconded and unanimously carried to approve the minutes for 6/22/06.
Hearing Agenda
7:00 p.m., Philip Elia, 49 Pond Circle (replace decking). Drew described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:05 p.m., Robert Courtemanche, 386 Mashpee Neck Road (construct sunroom on existing deck). John Slavinsky represented the applicant. Drew described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:10 p.m., MaryEllen Kelley, 123 Tide Run (include additional landscape to the original plan).
Mark Nelson represented the applicant and described the plan. Drew recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
7:15 p.m., Paul Trane, 124 Summersea Road (remove existing garage and shed, renovate interior, extend deck and move driveway). Mark Coleman represented the applicant and described the plan. Drew recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., Michael and Beth Moskowitz, 146 Popponesset Island Road (to reposition existing 3x16 ft. ramp, add 12 ft. section, reposition two existing piles, rotate second float and install four new piles). John Slavinsky represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this NOI subject to receipt of a new plan for a jet-ski lift to be approved by the Agent on site.
7:25 p.m., Ellen Walsh, 4 Sagamore Road (continued from 7/6/06). David Webb represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this NOI. Agents will be present on site for planting/landscape guidance.
7:30 p.m., Betty Fulton, 5 Point Road (continued from 7/6/06). Dan Johnson and Wayne Tavares represented the applicant and described the plan. Drew recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:35 p.m., Town of Mashpee, Riverside Road (continued from 7/6/06).
Motion made, seconded and unanimously carried to grant a continuance to August 3rd at 7:00 p.m., at the request of the applicant.
7:40 p.m., Triton Sound Village Association, 0 Triton Way (revetment maintenance and yearly placement of beach nourishment). Tara Marden represented the applicant and described the plan. The first permit of which they have a record was in 1987 to repair something that was existing. Historically, the revetment has always been permitted with the revetment at Charlie Narenberg’s property next door. They had to shut down the stairs this past year because the stairs fell apart, as have all the stairs in this area. They now want to have their own permit so they can act alone if repairs are needed.
Today she received a letter from the Division of Marine Fisheries. They do not have a problem with the revetment, but with the beach nourishment. She said that Marine Fisheries have already reviewed this project many times, and the applicant already has a Chapter 91 permit and an Army Corps permit issued on December 5th. What the applicant wants is a stand-alone permit so the Association can do their own beach nourishment.
Drew said he talked with Steve who is of the opinion that the letter states stipulations that need to be resolved with the Division of Marine Fisheries. Michael said the only way to resolve it is to have a survey done because there is a significant shellfish life out there. Ms. Marden said they already have a permit from Conservation, who required them to do the beach nourishment.
Michael suggested that we approve the revetment repair and resolve the beach nourishment later, which could be done as an amended order.
Motion made, seconded and unanimously carried to close this hearing and issue an Order of Conditions for the revetment maintenance as presented and require that the beach nourishment be brought up at a later date as an amended order but not be approved as part of this Order of Conditions.
7:45 p.m., John Copley, 85 Waterway (install in-ground swimming pool with paved play court, construct wooden deck and associated landscaping). Jack Vacarro and Jennifer Malila represented the applicant and described the project. Drew recommended approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:50 p.m., Priscilla and William Coughlin, 35 Uncatena (install a garden picket fence and some landscaping). Christine Murilho represented the applicant. Drew said the plan calls for the replanting of rosa ragosa further down the bank, but since this is a native invasive plant, he requested a substitute. Michael suggested native Virginia rose, bayberry or blueberry.
Motion made, seconded and unanimously carried to approve this NOI with the stipulation that the rosa ragosa be replaced with a native vegetative plant of the applicant’s determination.
7:55 p.m., Edward Salant, 47 Birch Way (reconstruct a retaining wall, expand a wooden deck, construct stairs from the upper to the lower deck, construct a wooden walkway and landscaping). Michael stepped down from this hearing. Virginia Scharfenberg represented the applicant and described the project. She said the applicant wants to make minor alterations in the 50 ft. buffer zone. Two resource areas are impacted – the Mashpee Pond buffer zone and a little pocket bordering a vegetative wetland. There is no inland bank, as confirmed by Michael, Steve and Drew. The buffer zone has an existing tree canopy, and the photos show there is nothing else there as the previous owner had taken the vegetation out and replaced it with lawn and mulch. The applicant wants to expand
his deck for his daughter’s marriage, repair an existing retaining wall, build a stone grill, remove 1,500 sq. ft. of turf, and revegetate the understory area by replacing that with regionally native plants.
Drew said it seems to him that this is a pretty good upgrade from what’s there right now, that it’s improving the wildlife habitat area.
Len said it would be nice to have a plan that shows the 50 ft. buffer. Ms. Scharfenberg said at the most the deck would be about 500 sq. ft. and be eight or nine feet closer to the resource area. She said that she had a note saying the deck is 25 ft. from the resource area, but she could be misinterpreting it. Based on the mitigation formula they would be required to add 1,350 sq. ft. of planting. No work limit was shown because it was an RDA. Drew said there is nothing growing in the area where the deck would be, and the mitigation plantings more than compensate for the area that will be taken.
Jack said we’ve been through this situation many times regarding whether there is a compelling reason why we should approve it, and if there’s a net gain with the mitigation plantings, we’ve said ok. He asked why this was an RDA and not a Notice of Intent. Drew said probably because they are not removing vegetation other than a hazardous tree. He understands it’s an incursion into the buffer zone, but there’s nothing of value in the buffer zone to the resource area.
Len said he would like to know how far the deck would be from the edge of the water. Jack asked why the deck has to be so large. He asked why anybody shouldn’t come in and ask to build a deck 25 ft. from the pond. Ms. Scharfenberg was asked to provide more information.
Motion made, seconded and unanimously carried to grant a continuance to August 17th at 7:05 p.m., at the request of the applicant.
Meeting adjourned at 8:05 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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