MASHPEE CONSERVATION COMMISSION
Minutes of April 6, 2006
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners present: Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, Jeffrey Cross and Ralph Shaw.
Staff present: Steven Solbo, Agent, Drew McManus, Assistant Agent, and Frances Wise, Board Secretary
Michael Talbot, Vice Chairman, called the meeting to order at 6:45 p.m.
Public Comment: None.
Non-Hearing Agenda
Old Business:
1. ATV’s and dumping. Drew said there are an increased number of trails made by ATV’s closer and closer to resource areas, if not right through them. Dumping on conservation land includes construction debris, landscape material, and appliances. It is probably being done about 1 a.m. Drew is working on a summary of what’s going on out there, getting pictures together and coming up with some sort of management plan. The penalty is a fine, but we’ll never get paid because most of the dumpers are contractors who clean out rentals in Hyannis and unless there is an envelope with an address on it, we have no evidence of who is doing the dumping.
Michael said it’s feasible that we could ask for a Town warrant for a special fine of perhaps $10,000 and put up a sign at the entrance saying “We now fine $10,000 for illegal dumping.” For the most part these roads are used roads, so we can’t put up gates. Len said the Fire Department would have no problem with a lock box on a gate. Jeff suggested a snitching program. Michael recommended that we consult with Joyce on the above.
Steve said the ATV kids have pretty much established two pits where they ride around. He spoke with a few of the kids who said they are sick of all the trashing. They realize it’s the only areas where they can ride around. Steve said the wildlife value in those two pit areas is minimum. He suggested we say to them, “Listen, just as we are stewards to protect the resource areas, we’re going to make you stewards to protect those two pits. We want them cleaned, the garbage out, we don’t want any illegal dumping, so snitch on each other.” He would tell them we could have the police out there every weekend, so which way do they want it? There are obviously two parties out there, and he thinks we could come to some sort of an agreement with a responsible
faction in the ATV group.
2. Michael said in the past we looked into creating an area for a community garden as another form of passive recreation.
New Business:
1. RFAA SE 43-2130, 12 Great River Road, Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2130.
2. RFAA SE 43-2365, 55 Sunset Circle, Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2365.
3. RFAA SE 43-2366, 36 & 40 Great River Road, Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2366.
4. Michael requested that we require people submitting a request for an administrative approval to give some explanation in the cover letter or have more notes on the plan as to why they are requesting whatever – i.e., why are they removing five beach plums when they provide good wildlife habitat, or in this case for a stairway, how many steps are there and what are they made of.
5. RFAA SE 43-2243, 95 Whippoorwill Circle, Steve described the plan and recommended approval. Michael recommended some planting changes.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2243.
6. Boy Scout Projects. Drew said that Eagle Scout Ryan Johnson, Troop 36, made up some really nice maps of the Mashpee River. He showed them to the members. Steve gave updates on the projects of two other scouts.
Motion made, seconded and unanimously carried to ask Steve to write letters of commendation from the Commission to each of the scouts.
7. Approval of Minutes for 3/16/06.
Motion made, seconded and unanimously carried to approve the minutes for 3/16/06.
Hearing Agenda
7:00 p.m., Geraldine Raposa, 129 Waterway (construct studio and bath). Ms. Raposa was present. Steve described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:05 p.m., William Harris, 17 Pondview Road (upgrade existing septic system). Jack Vacarro represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this RDA.
7:10 p.m., Gerald Segel, 132 Shore Drive West (construct a walkway, coastal bank walkover structure, and beach nourishment.) Brad Holmes represented the applicant and described the plan. Michael suggested some specific plants.
Motion made, seconded and unanimously carried to approve this NOI with the condition that certain plants be added to the mitigation plan.
7:15 p.m., Wilson and Anne Rogers, 13 Ocean Bluff Drive (vegetation maintenance of invasive species). Drew described the plan and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:20 p.m., Robert Spousta, 150 Ninigret Avenue (remove trees and bushes, and plant sassafras plantings). Mr. Spousta described the plan, which included transplanting sassafras plants. Michael said sassafras doesn’t transplant well and recommended purchasing one-gallon plants instead, and he offered to give his free advice at the site.
Motion made, seconded and unanimously carried to approve this RDA.
7:25 p.m., Michael and Judith Welch, 277 Monomoscoy Road West (continued from 3/16/06).
Jack Landers Cauley and Tom O’Neill represented the applicant. There was considerable discussion regarding the runoff of fertilizer into Hamblin Pond. Michael said that from the information coming from the Massachusetts Estuary Program, we now know that 15-23% of the nutrient loading taking place in Popponesset and Waquoit Bays is coming from landscape fertilizers and 50% from septics. It was agreed that the applicant will submit a landscape plan.
Motion made, seconded and unanimously carried to approve this NOI with the condition that an acceptable landscape plan will be submitted to the Commission.
7:30 p.m., Marjory Southwick, 29 Monahansett Road (allow block wall to remain and reconstruct portions of walls, allow deck in rear to be reconfigured, and allow plantings). Dave Sanicki represented the applicant and described the project. Steve read a letter for the record regarding an area of erosion from an abutter. Steve said the wall was not constructed properly and didn’t have a permit, but the area of erosion is actually outside our jurisdiction.
Michael said 1) he would like a condition that there be some demonstration that the east-end wall is done according to the specifications of the manufacturers, and 2) we need a planting plan in which they pick plants that are appropriate for this site, not just for Cape Cod.
Motion made, seconded and unanimously carried to grant an extension to April 27th at 7:10 p.m., at the request of the applicant.
7:35 p.m., David Edlin, 5 Bowsprit Point (demolish and rebuild new single family home with associated appurtenances). Jack Vaccaro and Tony Ferragamo represented the applicant. Mr. Vaccaro described the project and pointed out that the existing structure is within 50 ft. of the buffer. The proposed house includes an elevated deck supported by posts and sonar tubes which reach a little closer to the wetland. The existing house is 37 ft. from the wetland, and the proposed house is 29 ft. off the bordered vegetated wetland. Their plan is to reduce the area of the lawn and construct an elevated berm 9ft. wide and 3 ft. high to prevent the water from running off into the Popponesset Creek.
Steve said he likes the project. He understands there is further encroachment into the wetland, but he thinks the berm will do a great job, the part of the proposed house which encroaches further into the wetland is not solid, but decks, and a lot of lawn is eliminated. As far as he’s concerned, it meets all the performance standards except for being at least 35 ft. off the resource area, but we are getting a good deal regarding the wetland lines associated with the phragmites, and he recommended approval.
Michael said the first section of the mitigation regulation says to permit encroachments beyond the 35 ft. line, there has to be a compelling need, i.e., what is the reason that the client feels they have to extend this house.
Mr. Ferragamo said it’s the elevated deck that creates the encroachment into that area and a portion of the site sits within the flood plain, and they want to be sure the new house conforms to flood plain regulations. This means the basement slab elevation has to be accessed in a flood event, so they would want to sculpt out that area anyway to allow that to happen. The real benefit is that there is a significant reduction in lawn.
Michael said what we’re looking for is reduction of lawn, but also increase in wildlife habitat, which means mixed plantings. Mr. Ferragamo said they have no problem with submitting a mitigation plan following our revised Regulation 8.
Motion made, seconded and unanimously carried to grant a continuation to April 27th at 7:15 p.m., at the request of the applicant.
7:40 p.m., Joy Hibsher, 29 Pond Circle (continued from 3/16/06). John Slavinsky represented the applicant. He said the Division of Fisheries and Wildlife has advised that the plan presents no adverse effect on wildlife and Natural Heritage has no objection. The plan had been previously approved pending these two approvals.
Motion made, seconded and unanimously carried to approve this NOI.
7:45 p.m., Robert Stow, 25 Monomoscoy Road West (continued from 3/16/06). John Slavinsky represented the applicant. Steve talked to ACEC on this project. The area in question is wetland, at the top of the salt marsh. That means there’s a moratorium on anything going past the salt marsh. Chapter 91 will not issue permits below mean high water in these areas. They typically will not issue permits in ACEC areas, so it appears to him that this project will have to stop at the ACEC line.
Mr. Slavinsky said he would like to continue with another plan stopping at the mean high water mark, which would have a much smaller effect. He said this family owns down to the water, there’s a beach there, and they are going to continue to use it. He believes that a small raised walkway down to the mean high waterline would have less effect on the marsh than tramping through the marsh. Michael said we can say that this makes sense, but ACEC in the end rule otherwise. Mr. Slavinsky said they would take that chance.
Michael said that photos of a pathway that has been created through the marsh that obstructed vegetation would make the case better, because the walkway would be high enough to create vegetation underneath it. We could choose to not strictly follow the ACEC line because we have justification, and ACEC can overrule us if they don’t agree.
Motion made, seconded and unanimously carried to grant a continuation to May 11th at 7 p.m., at the request of the applicant.
7:50 p.m., Thomas Belekewicz, 53 Pickerel Cove Road (continued from 3/16/06). Ann Hajduk represented the applicant and presented a new plan, which includes a planting mitigation plan. Steve said all our requests at the last meeting have been filled and he recommended approval.
Motion made, seconded and unanimously carried to approve this AOC.
7:55 p.m., John Procaino, 374 Monomoscoy Road (demolition and construction of single family dwelling with associated appurtenances). Don Schall represented the applicant. Michael said that we do not have notification from the Board of Health that the applicant has filed with them, but Steve was comfortable to discuss the project because he felt that it was an oversight. However, we need to receive Board of Health comments.
Motion made, seconded and unanimously carried to grant a continuation to April 27th at 7:20 p.m., at the request of the applicant.
8:00 p.m., Kevin Harrington, 2 Shore Drive (replace existing deck). Mr. Harrington presented the plan. Steve recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
Meeting adjourned at 9:14 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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