Mashpee Conservation Commission
Minutes of November 29, 2007
Public Hearings
Mashpee Town Hall
Commissioners Present: Jack Fitzsimmons (Chair), Ralph Shaw (Vice Chair), Jeffrey Cross, Lloyd Allen, John Rogers 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) Signatures needed for Tom Fudala
The agent explained that Tom Fudala was requesting signatures on the quitclaim deed for the Peck property previously approved to be accepted as a donation at the November 1, 2007 meeting. The quitclaim deed was then passed around and signed.
2) Approve Minutes from 11/01/2007
Motion made, seconded and unanimously carried to approve the minutes from 10/18/2007.
3) Assistant Agent Interviews
The agent explained to the commission that there would be four interviews in the coming weeks for the Assistant Agent position. He stated that there were nine total applicants and that the four selected are all highly qualified. The pool of applicants is very promising, as many have held similar positions previously. He will keep the commission posted and the assistant chosen will be introduced at a future Conservation hearing.
4) Open Space (continued from 11/15/2007)
The agent opened the discussion up to the Commission. The Commission does feel that it would be a worthy venture to drum up volunteers but that the efforts should concentrate on Conservation lands first. That taking over all of open space would be unrealistic. The agent feels that public education is the key and that the efforts should be advertised. The Commission agrees and feels that a public hearing should be held to gauge interest and lay out parameters for volunteers. The agent and Chuck Green feel that the ATV situation needs to be covered under this as well. Can an area be set aside for legal use of ATVs in Mashpee? A place where volunteers like Cape Cod Jeep Club could monitor the activities closely. They also agreed that there is an enormous liability issue to the town that would need to be covered if that was to happen. The agent
explained that there could be permits issued or some other way of limiting the number of ATV’s and releasing the town of some of the liability. The Commission decided to convene a subcommittee to discuss the matter and come up with some ideas as far as policy and advertisement. The subcommittee will consist of Jeffrey Cross as Chair, Lloyd Allen and Jack Fitzsimmons as Co-Chairs and will try to include representatives from police, fire and the DPW. The matter will be reported on and discussed again at the next hearing.
Hearing Agenda
7:00 p.m. Paul Jalbert, RDA – 43 Monahansett Road
(Construct three-season room over existing deck)
Mr. Paul Jalbert, the applicant spoke of his wish to construct a three-season room over his existing deck. There will be no expansion of the deck but the structure will require the addition of additional sono tubes. The three-season room will be surrounded by lawn and will have no gutters. The Commission conditioned the addition of one half load of crushed stone to help with run off since it is in the flood zone. The applicant did agree to add the half load to the already existing level of crushed stone that lines the existing deck. The agent recommended approval due to the minimal impact caused by the project
Motion made, seconded and unanimously carried for a negative determination with the condition that the applicant will add a half load of crushed stone around room.
7:03 p.m. New Seabury Properties, AOC – 28 Flat Pond Circle (Lot #14 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 would entail 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. The home will have gutters tied into dry wells to help with run off. The landscaping will include removal/ trimming of some current scrub pines in order to create a canopy of stronger trees. 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.
Motion made, seconded and unanimously carried to Close and Issue.
7:06 p.m. Jacob Shammash, RDA – 64 Popponessett Island Road
(To add a two-story addition to an existing garage)
Terry Luff stood to represent the applicant; this hearing was continued from 11/15/2007. The continuation was due to a question on the bedrooms and Board of Health approval. Mr. Luff explained that he had met with both the agent and the Board of Health and that it was decided that the bedrooms would remain at the five proposed. There will be no vegetation removal and the agent sees no impact to the landscape. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:09 p.m. John and Laurie Roche, AOC– 94 Bluff Avenue
(Install concrete planter along the deck perimeter)
Jack Vaccaro of Vaccaro Environmental Consulting represented the applicant and described the project. The deck and home had been previously approved by the Commission, and the applicant is seeking an amended order of conditions to allow for the addition of a concrete planter around the deck. The property does sit on Nantucket Sound abutting the seawall. The applicant wishes to install the planter to hide the pilings and have more visual contact with the landscape. The portion of the deck lined with the planter will also have no railings in that area. The planter will be approximately 2.5’ high and 6’ wide. 2’ of the 6’ in width will be under the deck itself. The agent did an on site and feels the project will not harm the area. The Commission did question whether a fence would be necessary to protect the
sound but the agent said he did not feel it was warranted in this situation. He recommended approval.
Motion made, seconded and unanimously carried to approve the amended order of conditions.
7:12 p.m. Michael Corwin, NOI – 48 Fells Pond Rd
(Propose vista pruning with maintenance in perpetuity)
Norman Hayes stood to represent the applicant. He described the applicants wish to do some vista pruning with maintenance in perpetuity. He stated that they would be following the vista pruning guidelines in their plan. The applicant plans on taking no more than 25% of the limbs, 20% of the saplings per the guidelines. Mr. Hayes did a ratio after the plan was devised and can up with a figure closer to 12% and the scrubs will be maintained at a layer of 6’. There will be a review of two trees not included in the filing. Trees #12 and #19 as identified on the plans have received some storm damage and Mr. Hayes stated that they would have to be decided on after review. The agent did state that he would go survey the damage to those trees as well. An abutter letter was read for the record, the letter was written by Jean Kelleher Niebauer.
The letter concerned trees #1, #9 and #10 that the abutter feels creates a canopy crucial to the area. The abutter also had concerns about limiting the amount of sandy beach size and the taking of trees over 5” in diameter or over 30% of the trees. The abutter concerns were specifically addressed by tree. Mr. Hayes explained that tree #1 will only be trimmed of two broken limbs both about 4” in diameter. Tree # 9 will only have two interior branches removed due to their poor health and tree # 10 will have 2 small 1.5” in diameter limbs removed. Mr. Hayes description of the plan does conform to the vista pruning guidelines and does not involve any of the abutter concerns. The agent recommended approval.
Motion made, seconded and unanimously carried to Close and Issue.
7:15 p.m. Michael Corwin, RDA – 48 Fells Pond Rd
(Beach nourishment and replacing and maintaining of wooden landscape ties)
Norman Hayes stood again to represent the applicant. He described the applicants wish to replace the existing railroad ties that are in disrepair. The new railroad ties will be better environmentally as they will be pressurized timbers replacing the current creosoted ties. The applicant also wishes to add 3 – 5 cubic yards of sand to the beach area. Mr. Hayes stated that the sands will be 90% or better compatibility and of comparable grain size as well. The agent raised a concern with not only the grain size/compatibility of the sands but of the cleanliness. The agent wants to make sure that there are no microbials introduced to the area that would be dangerous to the ecological balance. The Commission conditioned that the sand be washed, screened sand. Mr. Hayes agreed to this condition stating that the sand will be matched to the
native sand as well as being washed and screened. The sand will also be graded 10 to 1 to help with any erosion issues.
Motion made, seconded and carried for a negative determination with the condition that the sand will be washed/screened and compatible.
7:18 p.m. David Keene, Jr. NOI – 63 James Circle
(To repair retaining walls, remove wooden stairway and concrete waterway and replace with interlocking block steps)
The agent explained that the hearing will need to be continued. He had met with John Slavinsky of Cape and Islands Engineering on site. The agents described to both John at the on site and to the Commission his concern that the new interlocking block steps require invasive digging into the coastal bank. He feels the steps should be replaced in kind to limit the environmental impact. Mr. Slavinsky will be speaking with the homeowner to address the concerns. Mr. Slavinsky on behalf of the applicant requested a continuance until 12/13/07 @ 7:03 p.m.
Motion made, seconded and unanimously carried a continuance until 12/13/07 @ 7:03 p.m.
7:21 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 withdrawn at the 10/04/2007 hearing)
Amy Ball stood to represent the applicant. She described the after the fact plantings done at the property as 18 Arbor Vitae trees, a single juniper and replacement of 110 linear feet of fencing at the front and side of the house. Ms. Ball stated that the trees are outside the buffer zone with the exception of 3 trees. The applicant sees no adverse impact to the environment due to her actions. The agent brought up fencing that appears to be outside the lot line. Atty. Chris Kirrane stood to state that the fencing is on 28 Jeep Place and should not be considered part of this filing. The Commission would like to see a plot plan to make sure the fence in question is indeed at 28 Jeep Place, the abutting land and that the fence on 24 Jeep Place is within its lot line. At the last hearing safety concerns were raised by abutters, who felt
the fence posed a hazard. An abutter letter was read for the record from Mr. and Mrs. Roland Vanaria. They stated in the letter that they feel the fence and hedges outside it obstruct ones view backing up into the road. They also feel it obstructs their view of the scenery. Attorney Kirrane stated that he sees no safety issue and has seen other 6’ fences approved by the Commission that could be considered safety hazards. He provided pictures of one such fence to the Commission. The agent does not feel that there is a huge safety issue either as far as Conservation is concerned and that the matter may be better handled under the purview of the ZBA or Building department. Mr. Kenneth Bates, an abutter present at the last hearing spoke to the safety concerns he feels the fencing as well as landscaping pose. While he agrees it is a comprehensive filing he feels that the safety of people at 20, 24 and 28 Jeep Place is being compromised primarily he admits in the summer with
increased traffic. The occupant at 20 Jeep Place he feels cannot see at all backing up from their driveway. He also feels that at the last hearing the hedgerow and burning bush would be included in this hearing. The agent and Commission did not feel they were brought up at the last hearing or would be included here. The agent stated that he felt the other issues were now being brought up to stall this project as it has become a neighborhood battle. Mr. Bates did present to the Commission a survey plan that shows the fence and hedgerow outside the property line at 24 Jeep Place. Attorney Kirrane stood to address the hedgerows and felt that they had been previously permitted as they have been in place since 2001. Neil Beakley another abutter stood to reiterate the safety concerns expressed by Mr. Bates He is the owner of 20 Jeep Place, where it has been stated by abutters you can not see to back up safely. The Commissioners condition that a survey plan be provided so the lot line
issue can be laid to rest. Attorney Kirrane explained that a survey could be provided as a condition of approval and that he feels the filing does not need to be held up any further. The Commissioners did state that they could not rule on the hearing with incomplete information and they do agree it is unfortunate that it will have to be continued. Ms. Lauren Marino spoke out of turn, not at the microphone to the Commissioners in an accusatory manner and was asked to either step to the microphone and be acknowledged or refrain from comment. She continued her argument and was asked to leave the hearing by the agent. Ms. Marino continued the rant explaining that she would be contacting the Supreme Court and that everyone in the Popponessett area better be required to take down their plantings outside their lot lines. The agent again told her to leave the proceedings or the police would be contacted to escort her out. Ms. Marino did leave the hearings with Ms. Ball, Attorney
Kirrane did stand to apologize and accept the continuance for the applicant in her absence.
Motion made, seconded and unanimously carried for a continuance until 12/13/2007@ 7:06 p.m.
7:24 p.m. New Seabury Properties, AOC – 2 Great Field Landing (Lot #3 Flat Pond Subdivision)
(Construct a new single family home, landscaping, pool and associated appurtenances)
Tom Jalowy stood again to represent the applicant. He stated that he did design this project but that it includes construction of a new single family home with landscaping, pool and associated appurtenances. The agent explained that the plans are exactly the same as the 7:03 hearing and that the landscaping is very attractive. The only change being made is the removal of 6 Stephanadra Incisa “Crispa” due to the fact that they are to invasive and aggressive for the area. The agent conditioned that they be replaced with bearberry. Tom initialed on the plans to reflect the change. The Board of Health saw no issues with the filing and its five bedrooms. The agent recommended approval.
Motion made, seconded and carried to approve the amended order of conditions.
7: 27 p.m. New Seabury Properties, AOC – 22 Flat Pond Circle (Lot # 17 Flat Pond Subdivision)
(Construct a new single family home, landscaping, pool and associated appurtenances)
Tom Jalowy stood to represent the applicant for their third hearing of the night. The project is similar to the other two in its construction plans. It will consist of construction of a new single family home, landscaping and pool with associated appurtenances. In addition it will include concealing the concrete pads with Bayberry and removal of undesirables. The agent recommended approval.
Motion made, seconded and carried to approve the amended order of conditions.
Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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