MASHPEE CONSERVATION COMMISSION
Minutes of April 27, 2006
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, Cass Costa, and Jeffrey Cross.
Staff present: Steven 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. WBNERR Meeting. Steve said he met with WBNERR about a little conservation area located in Waquoit Bay. Their target for Waquoit Bay is for 2010. The database issue came to light. Basically he wanted to know if Conservation land can be shifted in ownership. It’s not clear at this point Jack guessed that half of the land falls under Mashpee and half under privately owned Conservation Land.
2. Illegal dumping. Drew said last week he was called to a meeting with Joyce Mason, Glen Harrington, Tom Fudala, and Catherine Laurent regarding illegal dumping in the Noisy Hole Conservation area. Basically they tried to figure out how to best address this problem as quickly as possible, and one suggestion was to install a gate at the entrance to this area from Route 130. They could run into some problems with the Selectmen, but the gates would be paid by Conservation since it would be on Conservation land Also, it was felt that we should have more signage in the Quashnet bogs area stating no illegal dumping, no ATV use, etc.
Michael suggested increased fines or even a new Town regulation regarding ATV use on Conservation land, which will make it more onerous if we ever catch them.
Steve said the Mashpee police effort has been elevated. From what he has heard from a couple of friends who have ridden out to the sandpit area, the ATV’s don’t encroach much on wildlife habitat value. The last couple of weekends, a police car was there turning away vehicles.
Michael reminded the members that Conservation helped pay for an ATV for police use there, and we should encourage them to do as much as possible.
3. AFCEE update. Steve said the cranberry bogs are being cleaned up. They are trying to solve the ATV problem as much as we are. They are responsible for maintenance of the roads out there. They can actually see the light at the end of the tunnel. Peggy Fantozzi is monitoring the bogs as usual. The feasibility study is in full swing. They are getting all those involved to the table, saying the end is in sight, and what are we going to do. That will be crucial for a cost analysis.
4. Nitrogen Deposition Conference. Steve said they raised a lot of questions about the impact of atmospheric nitrogen in Mashpee. He thinks they put it at 4% of the deposition load. They say it is close to 12-13%. It can be coming from Ohio, Indiana, the Long Island/New York City area. Michael said he’s heard 30-40% mentioned. Steve said there was one success story in the Tampa Bay area. They had a problem in 1975, so they had the whole place sewered. Michael said that number is 48-50%. Steve said even if Mashpee implemented that right now, we’re looking at 2025 before we see any positive effect.
Michael said that based on the Massachusetts estuary studies being done, they had a discussion concerning impacts from landscaping and storm water runoff, and the number they have been using for our nitrogen target is probably high. Our regulation gives us the right to make that change. We can bring that number down. Beverly Cain said based on what is coming out of the DEP program, in order to have a positive impact on Popponesset and Waquoit Bays, that number is high, and we should be bring it down. Michael thinks the Regulations Sub-Committee should take a look at this in the future and talk about whether or not we should be doing that. What would happen if we would have to do a denite to meet those numbers.
Michael said maybe we would have to specify certain systems that would meet those targets. Most people want to do the right thing as long as there’s an alternative.
5. Approval of minutes for 3/16/06.
Motion made, seconded and unanimously carried to approve the minutes for 3/16/06.
6. Blue Ribbon Committee. Steve said John Miller stopped by the office today. Steve wants to do a short checklist of his ideas to be approved by the Commission regarding establishing a Nitrogen Committee or a Storm Water Committee, which will focus on the nitrogen deposition issue. Town should consider by-law for nitrogen issue, as well as a committee.
Michael said the point he made to the Blue Ribbon Committee was that because we are dealing with overcoming marketing campaigns and a lack of information, it’s a two-part program. 1) We need an educational program. It has helped a lot in Falmouth and it’s something we need to look into. 2) Things do not change until you require them to be changed. The industry won’t move until we require it to move. The professional operations are so far away from a reasonable target, but it’s easier to get a handle on them than on homeowners. We would go to them and say “Here’s the new guide line.” However, homeowners are tough and they probably represent the largest percentage of the problem, since they can go buy whatever they want and put it down.
Jack said it seems to him that we should wait until the Planning Board comes up with what they want to do. They have said that they are going to make a decision in May, and they still want to give it over to the Cape Cod Commission. He’s not saying we should drop the issue, but that we should wait until we see what the Planning Board proposes in May.
7. Approval of minutes for 4/6/06.
8. Ethical and Legal Consideration from the Conservation Commission. Jack said he received a memo on this subject. He asked if anyone else received it. Drew said it’s from one of the sessions of the MACC conference. Jack thought it a good thing to do.
Motion made, seconded and unanimously carried to approve the minutes for 4/6/06.
9. There was discussion about Joyce Mason’s request that either Steve or Drew attend the hearings, not both. Steve said if it comes down to it, he’ll be present but seated in applicants’ area.
10. Associate member. Steve said he will check with John Rogers to learn if he is still interested in becoming an associate member, and if so, he will send a letter to the Selectmen confirming approval.
11. Study from Don Schall. Michael said Don Schall sent him a study about the relationship in coastal development and the massive increase in phragmites invasion. He found it very interesting and feels that it further strengthens the coastal bank regulation, which he promises to write.
Hearing Agenda
7:00 p.m., Robert Spencer, 7 Ocean Bluff Drive (continued from 3/16/06). The applicant had requested a continuation to May 25th. Peter Lyons, Attorney for Barbara Casey, requested a further two-week extension for the continuation. Steve said only the applicant can request the date for a continuation.
Motion made, seconded and unanimously carried to grant a continuation to May 25th at 7:05 p.m., at the request of the applicant.
7:05 p.m., Ed McGuire, 410 Monomoscoy Road (include landscaping). Mr. McGuire was present. Michael pointed out that there are a number of invasives in the planting plan.
Motion made, seconded and unanimously carried to approve this AOC pending receipt of a revised plan showing the changes specified in the plant species.
7:10 p.m., Marjory Southwick, 29 Monahansett Road (continued from 4/6/06). Mrs. Southwick was present and Dave Sanicki represented the applicant. Jack read a letter from an abutter complaining about the disrepair of the wall and erosion. Mr. Sanicki said they are requesting that they be allowed to repair the wall and lower it slightly. Steve said the erosion problem is more an issue for the Board of Health or Building Department.
Motion made, seconded and unanimously carried to approve this AOC.
7:15 p.m., David Edlin, 5 Bowsprit Point (continued from 4/6/06.) Tony Ferragamo and Mike Borselli represented the applicant. Mr. Ferragamo said he has reconfigured and reduced the size of the deck. Mr. Borselli said they now meet the minimum setback of 35 ft. Michael Talbot said the planting plan is excellent, and Steve fully endorsed this NOI.
Motion made, seconded and unanimously carried to approve this AOC pending the five-day review period from the receipt of the plan.
7:20 p.m., John Procaccino, 374 Monomoscoy Road (continued from 4/6/06). Mr. Procaccino was present and Don Schall described the changes made in the plan.
Motion made, seconded and unanimously carried to approve this AOC pending receipt of a Board of Health accepted plan.
7:25 p.m., Southport on Cape Cod Condominium Association, Unit 148 through 151 Portside Drive (construct and maintain retaining wall, driveway, parking, utilities, and landscaping amenities). Lloyd reclused himself for this hearing. Amy Ball and Ron Bonvie represented the applicant and described the plan. Steve said there is an area there that has the potential to become a vernal pool, and he will meet with Mr. Bonvie at the site to discuss how to do this.
Motion made, seconded and unanimously carried to approve this RDA.
7:30 p.m., Alberto Velella, 407 Monomoscoy Road (revise the landscaping plan). John Slavinsky represented the applicant and described the plan. He said they believe the area that approaches the wetland is in itself a natural berm. Steve interjected to say that the point he was tryng to make was the Commission at the last meeting requested that a berm be installed all the way across. However, he thinks that in one area it’s counterproductive because it’s already elevated, so the risk of the nutrients running into the wetlands in that area is 0%. It came to light that the plan presented is brand new, so the hearing will have to be continued.
Motion made, seconded and unanimously carried to grant a continuation to May 11th at 7:20 p.m., at the request of the applicant.
Jack said he doesn’t think we should get involved with too many applications where there are last minute submissions and changes in the plan. Steve said he was told this afternoon that the changes in the new plan were 100% what the Commission wanted.
7:35 p.m., Thomas Cimeno, 29 Frog Pond Close (demolish and rebuild single family home, Title V septic system, replace driveway, replace railroad tie wall, rebuild steps and mitigating plantings). John Slavinsky and Mark Hamill represented the applicant. Mr. Slavinsky described the plan. He said the driveway will be paved. Steve recommended putting the work limit closer to the house and rebuilding the wall in place. He asked that the wall be done first, so it can be established as the work limit. Drew recommended that the mitigation plan include something on the bank to stabilize it. Michael requested a revised narrative and a revised plan showing the work limit.
Steve said the construction details for the stairs down to the dock scare him -- it’s going to require some very precision work. No cuttings should be done on the bank, and all the cuttings should be done inside the work limit. These are the conditions he puts into an order, but lately he goes to sites and sees mayhem. Michael said there are cease and desist orders that will get people’s attention.
In summary, the wall will be done first and coincide with the demolition, there will be no sediment grading construction work until the wall is done, and the work limit is to be placed at the top of the wall.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of a revised plan showing a detailed construction protocol requiring the construction of the wall first and can coincide with the demolition, and the work limit will be at the top of the wall for the construction of the house.
7:40 p.m., Dennis Kerkado, 184 Captains Row (expand driveway, add two beds in front of house with some beach grass and flowers). Steve described the project and recommended approval pending receipt of a planting list to ensure there are no invasives.
Motion made, seconded and unanimously carried to approve this RDA pending receipt of an acceptable planting plan.
7:45 p.m., Wayne Bevacqua, 172 Algonquin Avenue (demolish and replace existing shed, add block foundation and fence). Drew described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
Meeting adjourned at 8:35 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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