MASHPEE CONSERVATION COMMISSION
Minutes of March 16, 2006
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Lloyd Allen, 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 6:45 p.m.
Public Comment: None.
Non-Hearing Agenda
Old Business: None.
New Business:
1. RFAA SE 43-1961, Mr. Webster, 407 Monomoscoy Road. Steve said Rick York said there is no problem with the shellfish, as there is plenty of water there. Michael recommended that we have them submit a plan to make sure it’s ok --we don’t want them to make the float bigger.
Motion made, seconded and unanimously carried to approve RFAA SE 43-1061 contingent on receipt of an acceptable plan.
2. RFAA SE 43-1441, Robert Kraft, Popponesset Island Road. Steve said they want to add a couple of retaining walls within the previously approved work limit, and he recommended approval.
Motion made, seconded and unanimously carried to approve the changes made in RFAA SE 43-1441.
Hearing Agenda
7:00 p.m., Joy Hibsher, 29 Pond Circle (continued from 2/16/06).
Motion made, seconded and unanimously carried to approve a continuance to April 6th at 7:40 p.m., at the request of the applicant.
7:05 p.m., Robert Spencer, 7 Ocean Bluff (continued from 2/16/06). Michael reclused himself from this hearing. It was determined that the original four members who were present at the first hearing are present at this meeting. John Slavinsky represented the applicant. Jack said a letter from the Board of Health states that the application was incomplete, and no additional living space is permitted on the property. Mr. Slavinsky said he submitted a letter to the Board of Health this morning stating there would be absolutely no new living space. He said as of Tuesday, we did not have the individual letters from the 11 people whose names were presented at the last meeting as neighbors who are opposed to the project. More important is that the report from Dr. Moore is calling the
embankment a dune. His clients do not call it a dune, the filing does not call it a dune, and he doesn’t think any filing ever done on the property has called it a dune. He’s already engaged an expert to increase the mitigation plan, but won’t continue if the Commission is going to call the embankment a dune.
Steve said the embankment in the front meets our Regulation’s definition of a coastal bank. The only dune on the property is behind the house. The objectors can appeal and say it’s a dune, but as far as Steve is concerned, the Notice of Intent has been done correctly – there’s no mention of a coastal dune because there is no dune there. He said regarding the Regulation’s reference to “sediment deposit by artificial means serving the purpose of storm damage or flood control,” what they mean is beach nourishment. In this case the only sand that would get in there is from a sand truck trying to get snow off the road. That being the case, Mr. Slavinsky requested a continuance to give him time to prepare a new plan showing more mitigation.
Peter Lyons, Attorney for Barbara Casey, said they do have an issue as to whether or not it’s a dune, and Dr. Moore will present it to the Board at the next hearing.
Motion made, seconded and unanimously carried to approve a continuance to April 27 at 7:00 p.m., the request of the applicant.
7:10 p.m., Ralph Faia, 27 James Circle (continued from 3/2/06). John Slavinsky represented the applicant and described the changes in the plan to include a berm. Michael requested that he follow Regulation 8 for the plantings.
Motion made, seconded and unanimously carried to approve this NOI with the condition that the planting plan will follow Regulation 8.
7:15 p.m., Michael and Judith Welch, 277 Monomoscoy Road (demolish and rebuild single family home with associated appurtenances, ramp and float, and maintenance in perpetuity).
Motion made, seconded and unanimously carried to approve a continuance to April 6th at 7:25 p.m., the request of the applicant.
7:20 p.m., Robert Stow, 25 Monomoscoy Road West (continued from 3/2/06). John Slavinsky represented the applicant. Steve said the ACEC line has to be clarified.
Motion made, seconded and unanimously carried to approve a continuance to April 6th at 7:45 p.m., the request of the applicant.
7:25 p.m., David Edlin, 5 Bowsprit Point (continued from 3/2/06). David Martin represented the applicant and described the plan. Steve recommended approval. Mr. Martin asked about adding maintenance in perpetuity. Steve said they would have to request an amended order of conditions to cover that.
Motion made, seconded and unanimously carried to approve this NOI with the provision that there will be an amended order of conditions required for maintenance in perpetuity.
7:30 p.m., John Harris, 645 Main Street (continued from 3/2/06). Paula Peters represented the applicant. Steve described the project and recommended approval. Since the project is within 50 ft. of the buffer zone, we will require some plantings.
Motion made, seconded and unanimously carried to approve this RDA with the understanding that the applicant has agreed to plant some blueberry bushes along the edge of the woods.
7:35 p.m., Christopher Bartolomei, 34 Pond View Drive (continued from 3/2/06). No one was present to represent the applicant. Steve said the applicant is requesting a fence to protect his child. It was agreed to allow a fence with a minimum of a 6” gap under the fence, and larger where appropriate, to allow passage for wildlife.
Motion made, seconded and unanimously carried to approve this RDA with the condition that the applicant agree to have a minimum of 6” gap under the fence, and larger where appropriate.
7:40 p.m., Lloyd Thompson, 96 Pimlico Pond Road (continued from 3/2/06). Norman Hayes represented the applicant and described this vista pruning project. He read a letter from the applicant stating that whatever vista was created by previous tree cutting that was done by others unknown to them and prior to their purchase will be abandoned by them in favor of the vista now proposed, and he submitted the letter for the files.
Motion made, seconded and unanimously carried to approve this NOI.
7:45 p.m., Jenny McCafferey, 7 Crow Road (continued from 3/2/06). Steve said this had been held up due to a technicality with the Board of Health, but everything is now in order, and he recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:50 p.m., Thomas Belekewicz, 53 Pickerel Cove Road (relocate existing retaining wall and steps, add woody trees and shrubs, and minor adjustment to the location of existing shed and fence). Ann Hajduk represented the applicant and described the project. Michael said they were using the preexisting retaining wall that has been grandfathered to justify putting in a new wall and lawn within 10 ft. of the resource area, and that’s not permitted under our regulations. However, we are allowed to violate our own by-laws if we get mitigation of greater value and there is a compelling reason to do so. Lloyd noticed that the location of the existing dock has been changed in the new plan and is now right against the shore. Ms. Hajduk was asked to come back with a new plan which shows the
dimensions at the top of the coastal bank, where the work limit is, and an acceptable planting mitigation plan.
Motion made, seconded and unanimously carried to approve a continuance to April 6th at 7:50 p.m., the request of the applicant.
Meeting adjourned at 8:29 p.m.
Respectfully submitted,
Frances Wise
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