MASHPEE CONSERVATION COMMISSION
Minutes of January 5, 2006
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons, Chairman, Michael Talbot, Vice Chairman, Len Pinaud, Clerk, Cass Costa. Jeffrey Cross, and Ralph Shaw.
Staff present: Steven Solbo, Agent, Andrew 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. Approval of mitigation plan for Baypointe, LLC. Rebecca Perry represented the applicant. Steve said he gave Ms. Perry a copy of our new mitigation regulations. Michael requested that she add some grasses among the Day Lilies and Black Eyed Susans, and said in any places that will be seeded with acceptable grasses, we require that they be 6” apart. Michael said this was an NOI which would be closed and issued pending receipt of an acceptable mitigation plan.
2. Approval of minutes for 12/1/05.
Motion made, seconded and unanimously carried to approve the 12/1/05 minutes.
3. Review new regulations changes. Steve distributed these to the members to review. Michael suggested the members discuss them at the next meeting and vote on them the following meeting.
4. RFAA SE 43-2371. William Zammer, 4 Squaw Lane, Steve said the proposed raised patio has already been approved, and now they would like to add a screened porch on the patio. He recommended approval.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2371.
5. RFAA SE 43-2380, Baypointe, LLC, 62 Waterline Drive. Jeff stepped down for this hearing. Steve said this is a water main issue. Apparently the pipe is so old they can’t find it in the area which we approved. However, they have located a portion on the fringe of the wetland, and Steve recommended they make the new connection there and do some mitigation instead of making what might be a futile and disruptive search in the area we approved.
Motion made, seconded and unanimously carried to approve RFAA SE 43-2380.
6. Regulations Sub-Committee meeting. Steve said we should schedule a meeting in which Bob will be present one last time, and to prioritize which regulations should be completed first. A date was set for Thursday, January 12th, at 7 p.m. at Michael’s home.
7. Blue Ribbon Committee. Steve said they have not met since our last hearing and he has no further news.
Hearing Agenda
7:00 p.m., Mark Rogers, 87 Hooppole Road (remove cottage, two sheds, construct new house, vista pruning). Jack said we have a notice from the Board of Health that they have insufficient information for this filing, so we can’t proceed with it.
Motion made, seconded and unanimously carried to grant a continuation to January 19th at 7:20 p.m., at the request of the applicant.
7:05 p.m., Ripley Crowell, 54 Bayview Road (single family house, related site work).
Motion made, seconded and unanimously carried to grant a continuation to January 19th at 7:10 p.m., at the request of the applicant.
7:10 p.m., Bill Malchodi, 45 Bayshore Drive (build keystone block wall extending from end of driveway). Steve described the project and recommended approval.
Motion made, seconded and unanimously carried to approve this RDA.
7:15 p.m., Robert Nahigian, 12 Wheeler Road (single family residence, related site work). Jack Vaccaro represented the applicant and described the plan. Steve said the work limit had been closer to the resource area, but a little bit of the proposed new structure is within the 50-foot buffer. Cass and Jack were uncomfortable with the incursion of the work limit into the 50 ft. buffer, but Michael said the applicant has the right to maintain the footprint of the existing house, which in this case is within 35 ft. of the wetland boundary, and therefore it follows that the work limit has to be in that wetland area.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of an acceptable mitigation planting plan and with the provision that we hold this filing open for five additional days for abutters who wish to review the plan.
7:20 p.m., William Burke, New Seabury Properties, Fairway Lane – Phase I (two townhouse buildings, retaining wall, portion of one driveway, related site work). Cass stepped down for this hearing. Lawrence Carr, Earth Tech, and Mark Romanowicz, New Seabury Properties, represented the applicant. Mr. Carr described the plan and Steve recommended approval. Michael requested a mitigation plan for some shrubs and ground cover on the slopes to give stability.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of an acceptable mitigation planting plan for the sloped areas within the 50 ft. buffer.
7:25 p.m., William Burke, New Seabury Properties, 83 Fairway Lane – Phase 2 (townhouse buildings, related site work). Lawrence Carr and Mark Romanowicz represented the applicant. Cass stepped down for this hearing. Mr. Carr described the plan and Steve recommended approval.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of an acceptable mitigation planting plan for the sloped areas within the 50 ft. buffer.
7:30 p.m., Shepard Hoffman, 46 Triton Way (placement of one row of armor stone on existing apron stone). Bob Hamilton, Woods Hole Group, represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this NOI.
7:35 p.m., Charles Nirenberg, 28 Triton Way (raise the existing revetment). Bob Hamilton represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this NOI pending receipt of an acceptable mitigation planting plan.
7:40 p.m., Shepard Hoffman/David Bovarnick, 48 Triton Way and 40 Triton Way (raise the existing revetment). Bob Hamilton represented the applicant and described the plan.
Motion made, seconded and unanimously carried to approve this AOC pending receipt of an approved mitigation planting plan for the sloped areas within the 50 ft. buffer.
7:45 p.m., Dr. Harry Felger, 95 Tide Run Road (after-the-fact alteration and removal of vegetation and landscaping). Dr. Felger was present. Steve said we had previously approved this filing pending approval from DEP, and we now have DEP’s approval.
Motion made, seconded and unanimously carried to approve this NOI.
7:50 p.m., Pirate’s Cove Homeowner’s Association, 117 Captain’s Row (repair existing catch basin in right-of-way). Stephan Christy represented the applicant and described the project.
Motion made, seconded and unanimously carried to approve this RDA.
7:55 p.m., New Seabury Tidewatch Condominium Owners, 90 and 94 Shore Drive West (vista pruning). Sarah D’Agostino, Woods Hole Group, represented the applicant. Steve said our regulations say shrubs can be cut down to 5 ft. high and any grasses can be cut down to 18 inches high. Steve thinks cutting from six feet to five feet is reasonable for the whole stretch. Michael said if similar projects come up in New Seabury, they are going to be asking for pruning in basically a buffer zone for the entire width, versus a corridor. Also, this would prevent small trees from growing into big trees. Steve said he wouldn’t recommend approval if there weren’t Rosa Rogosa there which could get out of control.
Michael said that would put us in a difficult position when others come to us for pruning the entire stretch instead of limiting it to 25% of the area or sometimes even less, as we have in the past. It was agreed that the members will visit the site to assess the situation. Jack recommended that we take pictures in case some of the members cannot visit the site.
Motion made, seconded and unanimously carried to grant a continuation to January 19th at 7:25 p.m., at the request of the applicant.
8:00 p.m., Craig Ibbitson, 55 Pond Circle (construct a two-car garage and relocate existing septic tank).
Motion made, seconded and unanimously carried to grant a continuation to January 19th at 7:05 p.m., at the request of the applicant.
Meeting adjourned at 8:35 p.m.
Respectfully submitted,
Frances Wise, Board Secretary
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