MASHPEE CONSERVATION COMMISSION
Minutes of May 25, 2006
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Jeffrey Cross, John Rogers and Ralph Shaw.
Staff present: Steve Solbo, Agent, 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. Mashpee Wetlands By-law File #05-3, New Seabury Sea Quarters Condo, Phase 1 (design modification in buffer zone to the wetland truncated, eliminating a 52-ft. retaining wall, with mitigation plantings). Steve described the plan.
Michael said he wanted to see a plan that shows the part of that meadow that falls within our mitigation protocol, which includes three years of monitoring and management. There’s a whole section in the mitigation regulations which talks about a proper protocol for seeding warm season meadows. He thinks we should ask them to write up a protocol stating who is going to manage it and how it will be cared for.
Steve said that Earth Tech is doing the construction and they are very good about complying with anything we request, so he recommended that the members approve this request contingent on his getting an agreement to comply with our request from Larry Carr, who is the point man on the project.
Motion made, seconded and unanimously carried to approve this request for an administrative approval for By-law file #05.3 for New Seabury Sea Quarters Condo pending receipt of an approved installation and management plan.
2. RFAA SE 43-2414, Gerald Segal, 132 Shore Drive West. Steve said they have an existing path and they want to put flagstones from this path over to the walkover structure which is already there. The members feel more clarity is needed, so Steve will get more detail.
3. RFAA SE 43 2327, William Hyde, 24 Popponesset Island Road (replace railroad tie with stone wall). Steve recommended approval.
Motion made, seconded and unanimously carried to approve the administrative approval request for SE 43-2327.
4. RFAA SE 43-2371. William Zammer, 4 Squaws Lane. Steve said they had requested a raised patio, but they now have decided against it.
Motion made, seconded and unanimously carried to approve the administrative approval request for SE 43-2371.
5. Atlantic White Cedar Swamp Seminar sponsored by WBNERR. Drew and Steve went on this field trip and viewed three completely different cedar swamps.
6. Tidelands and Waterways Seminar, DEP Chapter 91 at Cape Cod Community College. Steve and Drew attended this seminar. Steve said if someone lives on a great pond or any of the coastal water systems, and they don’t have a permit for a structure, it is not grandfathered unless it was there before 1865. i.e., unless the owners can prove that the structure has been there since 1865, they have to get a permit. Additionally, Chapter 91 no longer issues 99-year amnesty licenses.
7. Mashpee Affordable Housing Committee. Steve read to the members a letter he received from Zella Elizenberry of this committee regarding their proposal for affordable housing on a piece of Town property under the jurisdiction of the Conservation Commission. The legal address of the property under consideration is 209 Old Barnstable Road, Map 60, Parcel 2. Steve was under the impression that Ms. Elizenberry was going to be here tonight to talk at our Public Comment time, but apparently not. Michael said we had a discussion about Conservation land back when Waterways wanted to dredge the Mashpee River. He guesses that the answer then would be the answer now. i.e., a change in the status of Conservation land legally requires legislative action. The whole purpose of Conservation is
to preserve open space and resources. Steve will walk the property and talk to Chuckie Green.
Hearing Agenda
7:00 p.m., David White, 8 Chart Way (upgrade existing septic system). Jack Vaccaro represented the applicant and described the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:05 p.m., Robert Spencer, 7 Ocean Bluff Drive (continued from 4/27/06). Michael reclused himself from this hearing. John Slavinsky represented the applicant. Steve said this Notice of Intent was originally filed for a buffer zone, a coastal bank, and anything that applies to the front of the house. It didn’t make any mention of a dune or anything in the back of the house. Now the mitigation area, as expansive as it is, has considerably changed the scope of the project. Therefore, we can’t really amend an order, so he recommends that the applicant either withdraw the filing, or we can deny the previous application. Either way, they will have to refile.
Peter Lyons, attorney for Barbara Casey, said he’s been present for four meetings on this filing. His concern is that on February 16th he presented a list of twelve taxpayers who are very concerned about this project. He suggested that the motion be to deny this application since the whole project has changed. If the Board does not grant that, he suggested that a proviso be put on any future plans on this property to give notice to the neighbors. Steve said in any case, they will have to refile, and the neighbors will receive notice.
Motion made, seconded and unanimously carried to approve the withdrawal of this application.
7:10 p.m., Leonard Florence, 78 Triton Way (install fiber rolls). Sarah D’Agostino represented the applicant and described the plan. Steve said last October the revetment was almost an emergency situation, and they had to cut through a considerable swath to get down to the revetment, but they had to do it or lose the revetment. He doesn’t think revegetation of the swath is a good idea now because to do so would result in their removing vegetation again. He thinks that letting this area go natural without plantings in the swath that was cut with the machinery is one thing. However, vegetating the bank to ensure the integrity at the top of the bank is crucial. The original order was to plant switch grass, which didn’t take. Now to protect the integrity of
the bank they are proposing to put fiber rolls in place. Ms. D’Agostino said they will be laid to fit the contour of the existing bank, they’ll put some fill on top and vegetate it. Michael said he would like to see a cross section showing how the fiber rolls will be installed showing staking techniques, what will be used to prevent erosion on the slopes between the fiber rolls, and what materials will be used to fill.
Jack asked about the lifetime of this project. Ms. D’Agostino said the contractor said something like five years. Steve said they are looking for vegetation that would establish the quickest before a hurricane. Michael said beach grass would establish the quickest, and the plants should be planted in containers very tight (6” on center). If they plant one-gallon shrubs, they should be no more than 18” on center. Steve said in view of the urgency of the situation, he recommended approval of the project contingent on receipt of a work plan that is acceptable.
Motion made, seconded and unanimously carried to approve the this Amended Order of Conditions with the condition that all work plans be presented and approved by the Agent before work begins to make sure that better techniques are utilized.
7:15 p.m., John Copley, 85 Waterway (upgrade existing septic system). Jack Vaccaro represented the applicant. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 Michael Intoccia, 134 Popponesset Island Road (install two jet ski lifts on existing pier). John Slavinsky represented the applicant. Steve said the jet skis are going to be there one way or another and he can’t police it. The applicant is trying to comply with keeping them out of the water when not being used, they will be kept on top of the pier, and he recommended approval. Perry Ellis has approved it.
Motion made, seconded and unanimously carried to approve this RDA.
7:25 p.m., David Edlin, 5 Bowsprit Point (allow for maintenance in perpetuity of the existing pier). John Vaccaro represented the applicant. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
7:30 p.m., David Bazerman, 50 Cayuga Avenue (remove and replace existing walk, deteriorating concrete block wall, block patio, and plantings). Brian Casey represented the applicant. Michael asked to see the locus map, but there was none in the file. Steve said the work is extensive and it is close to the water, but he didn’t feel it required an engineered plan because it is replacing existing structures. He asked that they file an NOI because he wanted National Heritage to know of it. He thinks all the work is for the better. Michael asked that the miscanthus in the front of the house be replaced with a type of switch grass. Steve said they can file later for an amended order for the shed. Mr. Bazerman has agreed to try to save a maple tree near the construction.
Steve said there’s no sense in approving this tonight because National Heritage may require changes.
Motion made, seconded and unanimously carried to grant a continuance to June 8th at 7:15 p.m., at the request of the applicant.
7:35 p.m., John Salvadore, 108 Fells Pond Road (continued from 5/11/06). Jack reclused himself from this hearing. Steve said the only thing holding up the approval of this RDA was proof that all back taxes have been paid. We now have this proof.
Motion made, seconded and unanimously carried to approve this RDA.
7:40 p.m., Anthony and Jacqueline Baudanza, 70 Triton Way (bank nourishment). Tara
Marden represented the applicant and described the plan. She said a large piece of land has sunk as the result of the revetment failing. Steve said he tried to get an emergency certificate, but because this is not a structural thing the Building Department didn’t say anything, and he didn’t go to the Board of Health, but there is a serious problem there. The plan is to eventually rebuild the revetment, but right not there is an emergency to try to stabilize the area as soon as possible.
Motion made, seconded and unanimously carried to approve this NOI.
Meeting adjourned at 8:12 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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