Mashpee, Massachusetts - Conservation Commission Minutes 12/27/2007

Conservation Commission Minutes 12/27/2007

Mashpee Conservation Commission

Minutes of December 27, 2007

Public Hearings

Mashpee Town Hall

Commissioners Present: Jack Fitzsimmons (Chair), Ralph Shaw (Vice Chair), Jeffrey Cross, Lloyd Allen and Leonard Pinaud

Staff present: Drew McManus (Conservation Agent) and Melissa Brown (Board Secretary)

Jack Fitzsimmons called the meeting to order 6:55pm

Post Hearing Agenda:

1) Haley and Aldrich Visit – January 10, 2008

The agent informed the commission that on January 10, 2008, Haley and Aldrich will be visiting to report their findings from the Quashnet River Feasibility survey. It is informational only and will not require an immediate decision. The Woods Hole Group may also be in attendance. The agent asked the Commission if they thought it was easier pre or post meeting and it was decided that post meeting would be best.

2) Conservation Assistant position

The agent informed the commission that an assistant has been chosen from the interview field and that she now just needs Selectmen approval. The agent explained that information on her is available for the Commissioners in their mailboxes. She has had experience in the field and currently volunteers with many conservation organizations.

3) Land Steward Program

The agent informed the commission that they have an outline of the Land Steward Program in their mailboxes. It is a basic outline of the approach that will be taken and the structure that will be utilized. The agent asked that they read it and write any comments they may have on it and comment at the next meeting.

4) Conservation Regulations

The agent informed the commission that they also have the preliminary conservation regulations in their mailboxes and he asked that they read them as well. He also asked that the Commissioners note any changes or additions for discussion at the next meeting. The regulations will need to be promulgated at that time. The agent explained that he built upon the regulations written by Bob Sherman and that the new guidelines are pretty standard for Conservation land use.

5) Blue Ribbon Commission

The Commission spoke about supporting the Blue Ribbon Commission from the beginning and the fact that they were never opposed. The reason no Conservation Commission members attended came down to the meetings were at the same time as the Conservation meetings. The Commissioners support the town and their initiative.

6) Approve Meeting Minutes from 11/15/2007

Motion made, seconded and unanimously carried to approve the minutes of 11/15/2007.

Hearing Agenda

7:00 p.m. Blanche Pozerski, AOC – 83 Whippoorwill Circle

(Construct elevated walkway from landward end over marsh to upland and place public access steps)

The agent explained that Bravman Engineering was unable to attend and that the applicant has requested a continuance until January 10, 2008 @ 7:09 p.m.

Motion made, seconded and unanimously carried for a continuance until January 10, 2008 @ 7:09 p.m.

7:03 p.m. Louis and Louise Dimeo, NOI – 75 Popponessett Island Road

(Maintenance dredging, beach nourishment and transplanting 50 square feet of salt marsh)

Norman Hayes stood to represent the applicant and described the project for the applicant, Mr. Dimeo, who was also in attendance. Mr. Hayes explained that the project will include dredging of privately owned tide lands. The tidelands are bordered by three other parties, and all of them have signed off on the project. Mr. Hayes described the dredging process and that it will require removal of one Choke Cherry tree limb and possible removal of a 12” pitch pine. The utilities in the area will also need to be relocated. Currently the area is about 2.5’ feet of muck and a small Quahog bed. The muck that will be removed will be put into container trucks with environmental matting liners so that none of the product leaks on the roads. The containers will be brought to the Bourne Land Fill at an additional cost to the applicant and if it passes all the tests which from preliminary data it appears it should, will be used as daily cover. The dredging has been approved by Rick York, the Shellfish Constable, as he and Mr. Hayes plan on returning the area to prime shellfish habitat. Mr. York will be sending commercial shell fishers into the area to collect the existing small bed of quahogs before the project begins. The other benefit of the dredging besides the shellfish is that the channels area will be deeper to accommodate larger boats. Perry Ellis, the Harbormaster has also given his okay for this project. The Commission asked that they get that in writing from Mr. Ellis. Mr. Hayes also explained that the current piers that exist will need to be realigned to prevent navigational issues. They will have less than 10% modification and will stay within their current permit parameters. The project will also call for the transplantation of 50 sq. feet of flora from the outside the dredging area to inside the dredge area. Mr. Hayes stated that this project has been filed with Natural Heritage and MESA and he is awaiting their reports. The agent did state that he would need those filings to be in before this was decided on. Mr. Hayes agreed and requested a continuance until January 24, 2008 @ 7:03 p.m.

Motion made, seconded and unanimously carried for a continuance until January 24, 2008 @ 7:03 p.m.

7:06 p.m. New Seabury Properties, AOC – 24 Flat Pond Circle (Lot #16 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Tom Jalowy, representative for the applicant described the project. The project includes the construction of a new single family home with landscaping, pool as well as a patio. The pool area will also include a spa that has a spillway into the pool itself. The patio will be constructed of concrete with aggregate. The home will have gutters tied into dry wells to help with run off. The agent stated that the landscaping will be an upgrade from what currently exists and will improve the wildlife value. He recommended approval and stated that the Board of Health had no issues with this filing either. The Commission asked about the plans and were filled in on the three plans A, B, C and that there are no foreseeable issues with drainage or run off. Each new house will contain five bedrooms and construction is slated to start in January.

Motion made, seconded and unanimously carried to approve amended order as proposed.

7:09 p.m. New Seabury Properties, AOC – 30 Flat Pond Circle (Lot #13 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:12 p.m. New Seabury Properties, AOC – 15 Flat Pond Circle (Lot #4 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:15 p.m. New Seabury Properties, AOC – 17 Flat Pond Circle (Lot #5 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:18 p.m. New Seabury Properties, AOC – 33 Flat Pond Circle (Lot #11 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:21 p.m. New Seabury Properties, AOC – 26 Flat Pond Circle (Lot #15 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:24 p.m. New Seabury Properties, AOC – 4 Great Field Landing (Lot #3 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:27 p.m. New Seabury Properties, AOC – 29 Flat Pond Circle (Lot #9 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:30 p.m. New Seabury Properties, AOC – 32 Flat Pond Circle (Lot #4 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:33 p.m. Jeep Place/Lauren Marino, RDA – 24 Jeep Place

(After the fact plantings of Arbor Vitae, a wooden fence and a single juniper)

(Previously filed for by Mr. James Latham and continued from the 10/04/2007 hearing)

The agent stated that the applicants had not submitted the new lot plans that were requested by the abutters at the last hearing. The application has been continued now four times and the agent suggested that at the next hearing they rule on the arborvitaes which are within the Conservation jurisdiction. The Commission pondered whether the rest of the matters would be better served on the civil level and all agreed to put that out as an option at the next hearing as well.

Motion made, seconded and unanimously carried for a continuance until January 24, 2008 @ 7:00 p.m.

7:36 p.m. John Petrick, NOI – 106 Captain’s Row (continued from 12/13/2007)

(Pier, ramp, float)

John Slavinsky of Cape and Islands Engineering described the applicants wish to move his existing float to be able to place it back in the water. The project had interim approval for the float but that is not recognized by the Corps of Engineers and the Harbormaster thought it posed a navigational hazard. The Harbormaster feels that the area is a mooring field and thus the applicant was not able to put his float back where it was previously permitted. John explained that after weeks of negotiation they had come to a compromise that the float will be located 55 ft from the nearest mooring. The agent questioned the numbers on the plan as they differed from the original, John explained that the previous plans numbers were based on NVD not on the NGVD and were corrected on this new plan. The agent does not see any problems but suggested that the stern of the boat face the deeper end.

Motion made, seconded and unanimously carried to Close and Issue.

7:39 p.m. David Keene, NOI – 63 James Circle (continued from 12/13/2007)

(To repair retaining walls, remove wooden stairway and concrete waterway and replace interlocking steps)

John Slavinsky described the applicants wish to rebuild some retaining walls with interlocking blocks. The walls will be replaced but the stairway that was included will now be left alone. The project will also call for replacement of the concrete waterway/ drains with drywells. John explained that the project will start from the bottom up and that there are seven walls total, all less than 4 ft in height. Where the tiered walls are located is very steep and the trees surrounding will make machining in the area impossible. The agent asked that John provide a project narrative on methodology. He will also require a planting plan when that stage is reached. He explained to the Commission that he is not requiring it now as they are going to transplant as much as possible and the plan would surely change if they found they could use more or less of their estimate. He did add that they would be better served leaving out the Virginia Creeper currently listed on the plan. The agent does recommend approval

Motion made, seconded and unanimously carried to Close and Issue pending receipt of a project narrative.

7:42 p.m. Robert Stow, RDA – 8 Pine Ridge Rd (continued from 12/13/2007)

(Garage, fence, driveway, plantings, clearing)

John Slavinsky stood to represent the applicant and described the applicant’s wish to construct a garage, crushed stone driveway and install a vinyl fence. It is in within 100 ft of the flood zone and will require removal of at least one large tree and possible others. The agent would like the plantings to match the project area, including replanting of some red cedars, inkberry and chokeberry. The Board of Health submitted a letter to the commission that stated that no review was necessary. The agent requested dimensions of the area to be affected but recommended approval.

Motion made, seconded and unanimously carried for a negative determination pending receipt of dimensions.

7:45 p.m. Carol Kelley, NOI – 174 Captain’s Row (continued from 12/13/2007)

(Demolish portion of house, add second story, Title V)

Brian Harris of Bennett Engineering stood to represent the applicant. The applicant wishes to do a partial tear down and add a second story to their existing dwelling. The project will also include construction of a garage (24’ X 24’) and installation/ repair of a driveway. The upgrade on the house will also include installation of a new Title V system. The septic system will be a 1500-gallon tank with a soil absorption system. The leaching field will be located as far as possible from the flood zone. The project is still under review by both the Board of Health and the Zoning Board of Appeals. There were no house plans submitted with this filing but the house will be a three bedroom. The driveway will be made of pervious materials but the material to be used was not listed and will be clarified before approval. The agent did inform the Commission that this will pass his desk again before any work can commence and that he will make sure if adheres to their standards before he signs off on it. The agent recommended approval pending the acceptance of the project by both the Board of Health and Zoning Board of Appeals.

Motion made, seconded and unanimously carried to Close and Issue pending the acceptance by the Board of Health and Zoning Board of Appeals.

7:48 p.m. New Seabury Properties, AOC – 32 Flat Pond Circle (Lot #4 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:51 p.m. David Melish, NOI – 63 Riverside Road (continued from 12/13/2007)

(Demolish house, construct house, additions, porch, deck)

David French from Christopher Costa and Associates stood to represent the applicant and described the project. The applicant wishes to tear down the current dwelling and reuse of some of the existing framing. It will be set on the existing foundation as well. Mr. French described that the house is currently upside down meaning that the living space is on the second floor. The new plan will increase the living area and expand the master bedroom. The bedrooms will not increase on the property; it will remain 4 total – 2 in the main house and 2 in the cottage on the property. The Board of Health has conditioned it remain a four bedroom and will require a septic inspection. The project also will include removing an old deck and replacing it with a new deck with a sunroom on it. The agent explained that the project will remove mainly existing lawn and that he would like to see some mitigative plantings. He did recommend approval.

Motion made, seconded and unanimously carried to Close and Issue.

7:54 p.m. New Seabury Properties, AOC – 32 Flat Pond Circle (Lot #4 Flat Pond Subdiv.)

(Construct a new single family home, landscaping, pool and associated appurtenances)

Motion made, seconded and unanimously carried to approve amended order as proposed

7:57 p.m. Mark Sullivan, RDA – 95 The Hacking Circle

(Construct a new single family home with associated appurtenances)

Jack Sullivan the owner of the property stood to describe his proposed project. He did state that his engineer was not able to make the hearing. Mr. Sullivan would like to construct a new dwelling and installation of a driveway. There will be no grade change and the setbacks will be adhered to. Thomas Bunker, Mr. Sullivan’s engineer from BSS Design did submit a letter that excerpts were read from. The agent explained that he almost required this to be filed as an NOI but after further review of the regulations ruled that it could be a RDA. The agent does recommend approval and did state that he wanted Mr. Sullivan to inform the engineer that more than half of his property is in the Conservation jurisdiction for future reference.

Motion made, seconded and unanimously carried for a negative determination.

Meeting adjourned at 8:25 p.m.

Respectfully submitted,

Melissa Brown

Board Secretary