Mashpee Conservation Commission
Minutes of November 15, 2007
Public Hearings
Mashpee Town Hall
Commissioners Present: Jack Fitzsimmons (Chair), Ralph Shaw (Vice Chair), Jeffrey Cross, Lloyd Allen, John Rogers and Cass Costa 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) Environmental Oversight Meeting
The agent explained that on 11/08 he had attended the Environmental Oversight meeting at their invitation. The items that were covered were open space and the use of volunteer groups within the town to monitor town lands. The group suggested that Conservation extend their jurisdiction to include responsibility for open space. The agent did express interest in pursuing the measure. The Committee did express concern with an increased workload and did state that this had been discussed before under a different agent. The Committee requested documentation on the matter and that the agent read old documents pertaining to this. The agent also liked the idea of volunteers “policing” some of the Conservation areas and cataloging illegal activities similar to a model used in the Town of Falmouth. The Committee expressed
concerns that there are not enough resources to neither organize nor fund this effort. The Committee also wanted more information and everyone agreed to revisit this after further review.
2) Approve Minutes from 10/18/2007
Motion made, seconded and unanimously carried to approve the minutes from 10/18/2007.
3) Revision of fines
The Committee spoke of raising the fines for after the fact filings. They feel the increase in them warrants a more punitive position so that they come through the proper channels. The agent did state that it will be hard to apply fairly due to some people actually doing it on purpose and some not knowing any better. Everyone agrees to review it again at another meeting. The Committee would also like to see the house plans submitted previously or have a document written that there must be house plans provided at the hearing. The Committee has seen an increase in people not prepared for the hearing who have had to have a continuance because they do not have the proper documentation including house plans.
Hearing Agenda
7:00 p.m. Michael and Judith Welch, AOC – 277 Monomoscoy Rd (Continued from 10/18/07)
Kevin Kirrane, Jack Cauley-Landers and Tom O’Neill stood to represent the applicants. Mr. Kirrane described the applicant’s amendments to the original filing. The plantings were expanded/ altered and he described the changes to the driveway area. He also stated that a survey was done to see what affect the driveway changes had on drainage at Mr. Camerato’s property. Jack Cauley-Landers went on to further explain that from what he has observed the water being well retained by the dry wells and that the pavers do not create any issues for the abutter Mr. Camerato. Mr. Harrington (Attorney) for Mr. Camerato stood to debate those findings. He also stated for the record that he did not feel the original filing represented the driveway expansion accurately and that he had submitted a letter to the agent regarding the flood plain.
The agent did acknowledge receipt of the letter. The agent himself did also go on to state that he saw no sheet draining of water on his on site in the rain and that the depressions in the driveway from the work trucks at the Welch’s were most likely the culprits to more water pooling on his property just due to their depths. Mr. Tom O’Neill stood and stated that he wishes to clarify the plantings and the issue the abutter has with the beach grass as well. He stated that while they did use some poetic license in the plantings, they were told by Mr. Michael Talbot that their previous plan was not adequate and that the plantings needed to be more spread out and where they had lawn replace it with another plant species. Mr. O’Neill says that is why they choose the beach grass and did not go with the grass. He believes this will help prevent erosion. Mr. Harrington did bring up the fact that irrigation was installed in the beach grass and was not part of the original
filing. The agent had no knowledge of the irrigation system and did not approve it. Mr. Camerato did stand as well to say that he was not happy that the neighbor did not approach him since the last meeting to rectify this situation and that a generator was installed that was not on the original plan. The agent did state that the generator is not within the conservation purview. After some debate about the pavers and the possible run off issues they may or may not be causing problems for Mr. Camerato it was decided by the Committee that the driveway would be a separate filing, this hearing would address only the change in landscape. Mr. Harrington did bring up the abutters belief that the wind will blow sand and debris from the beach grass on to his property. Mr. Collins, Collins Civil Engineer Group stood for the abutter as well to say that he feels there should be more scrutiny used for this project due to its proximity to the ACEC line. He also feels that the elevational
difference not only affects the water run off but will affect the sand deposits from the beach grass. He as well as Mr. Harrington and Mr. Camerato believe they are man made dunes and will leave Mr. Camerato with a lot of clean up. Mr. O’Neill stood to reply that the plantings have already taken root and the sand blown should not be that significant. The Committee felt that it could approve the landscape with the condition of a review in six months. Mr. Jack Cauley-Landers was asked to sign off on the plans that the driveway was excluded from this filing and only the landscape work will be approved.
Motion made, seconded and unanimously carried to approve the amended order of conditions subject to review in six months and excluding the driveway.
7:03 p.m. Busy Bee Inc, RDA – 278 Monomoscoy Rd (After the fact construction of fieldstone wall with removal of rhododendrons)
The agent described that he had been in the neighborhood of this property and seen the Busy Bee Inc trucks. Upon further investigation he saw that rhododendrons had been removed and a fieldstone wall was being installed. The company did agree to replace the rhododendrons on the property. The agent recommended approval as it was a minor project with no real environmental impact.
Motion made, seconded and unanimously carried for a negative determination.
7:06 p.m. John E Petrick et al., NOI – 106 Captains Row (Continued from 11/01/07)
Motion made, seconded and unanimously carried for a continuance until 12/13/2007 @ 7:00 p.m.
7:09 p.m. Jacob Shammash, RDA – 64 Popponessett Island Road (To add a two-story addition to an existing garage)
Tim Luff stood to represent the applicant. He described the applicant’s wish to add a 20 ‘x 23’ two story addition to an existing garage. The Committee read a letter from the Board of Health that stated that they find it necessary to review the application. The agent also sighted the need for a house plan for the Committee to review. Mr. Luff on behalf of the applicant requested a continuance until 11/29/2007 @ 7:06 p.m.
Motion made, seconded and unanimously carried for a continuance until 11/29/2007 @ 7:06 p.m.
7:12 p.m. Karen Rhodin, RDA – 21 Squaws Lane (Demolish garage, add new family room on existing footprint, relocate septic tank, rebuild patio and add new entrances)
Tim Luff representing the applicant described her wish to demolish her existing garage and add a new family room on its existing footprint. This will also require relocation of the septic tank and addition of a new entrance. Mr. Luff also explained that she would like to rebuild/ redesign her existing patio in the same footprint. The Committee read a letter from the Board of Health that stated that no review was necessary but that she will be required to have a 6’ encased opening leading into the house. The letter also stated that they were fine with the relocation of the septic and required no engineered plans for the move. The Board of Health had not seen the house plans with the encased opening. The agent had done an on site and spoke with Mrs. Rhodin about the project and that it would involve removal of some pitch pines. The
applicant has agreed to plant blueberries in place of the trees. The agent saw no real impact and recommended approval with the condition that the Board of Health approve the plans.
Motion made, seconded and unanimously carried for a negative determination.
7:15 p.m. Frederick Weingeroff, RDA – 141 Daniels Island Road (Replace existing deck)
Michael Leblanc (Contractor) described the applicant wishes to replace an existing deck with no footprint expansion. The current deck is approximately 18 years old and in disrepair. There will also be some removal of invasive vines as they are currently growing into the deck structure and the concrete wall around it. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:18 p.m. New Seabury Properties, AOC – 2 Great Field Landing (Lot #3 Flat Pond Subdivision)
(Continued from 11/1/2007)
The applicant has requested that this application be withdrawn. The original notice of intent stated that they wanted a plan review. It did not state that a house would be constructed on the property. They are going to resubmit and use the correct language in the advertisement.
7:21 p.m. DCR/WBNERR, RDA – South Cape Beach State Park, Great Oak Rd (Repair deck)
Brendan Annett, representative for the park described the project; they wish to fix the walkway at the location. The repairs are very minor with just a few planks and railings. The agent had done an on site and recommended approval based on the findings. The agent saw no impact at all from this repair.
Motion made, seconded and unanimously carried for a negative determination.
7:24 p.m. DCRWBNERR, RDA – South Cape Beach State Park, Great Oak Rd. (Construct 12’ x 16’ shed)
Brendan Annett, representative for the park described the project; they would like to construct a new 12’x 16’ shed between the parking lots. It will serve as a guardhouse and for tool storage. Currently the guardhouse is at the end of the road and that will be taken down when the new one is in place. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:27 p.m. Blanche Pozerski, AOC – 83 Whipporwill Circle (Maintenance and perpetuity of permitted dock) (Cass Costa steps down on this application)
The agent described the applicant’s request to perform maintenance and perpetuity on and around the permitted dock. He recommended approval as there is no impact created by the request.
Motion made, seconded and carried to approve the amended order of conditions.
7:30 p.m. Dennis Kerkado, NOI – 6 Quaker Run Road (Install in-ground pool, vista pruning and mitigated plantings)
Brian Casey of Casey Landscaping described the applicant’s wish to install a 24 ‘x 14 ‘in-ground pool. Mr. Casey did state that after speaking to the agent the applicant will be withdrawing the request for vista pruning. The applicant will file for that at a later time. The installation will include blue stone and stone dust and the pool will be enclosed in a chain link fence with vinyl backing. The walkway to the pool will be constructed of 4 x 4 and 1 x 6 pressure treated pieces. The applicant has agreed to mitigative plantings with high wildlife value. Mr. Ron Armstrong, an abutter did step forward to inspect the plans but did not object to the project. The agent recommended approval with the removal of the vista pruning from the application.
Motion made, seconded and carried to close and issue with the change.
7:33 p.m. James Quigley, RDA – 384 Monomoscoy Road (Construct a house addition and septic expansion)
John Slavinsky of Cape and Islands Engineering (Contractor) described the applicants wish to construct an addition onto his current home which would require expanding the septic system. The addition will be adding another bedroom to the home. The Committee read for the record a letter from the Board of Health stating that the application is currently under review. The agents questioned what the vegetation and tree removal would be. The homeowner Mr. Quigley stood to say that there would be no removal of trees to put on the addition. The plantings will be relocated to the side of the addition. The agent recommended approval contingent on the Board of Health approval.
Motion made, seconded and carried for a negative determination.
7:36 p.m. Karen Keelan and Kathryn Clapp, NOI – 3 Keelan Way (Construct a new single family home, deck, stone driveway, landscaping and associated appurtenances)
John Slavinsky representing the applicants stood to describe the project. The applicants wish to construct a new single family home, deck, stone driveway, landscaping and associated appurtenances on their property. The plans were originally approved by the Board of Health in 2003. There have been some slight changes to those original plans and the area where the deck will go rests on a sono tube foundation. The area was previously cleared and there will not be a lot of vegetation removed. The agent did state that removal will be of mostly crab grass and that he see the landscape plans done by Wayne Tavares and they show many mitigative plantings will be installed. The house plans were submitted and reviewed by the Committee. The agent recommended approval.
Motion made, carried and seconded to close and issue.
7:39 p.m. Karen Keelan and Kathryn Clapp, NOI – 4 Keelan Way (Construct a new single family home, deck, stone driveway, landscaping and associated appurtenances) John Slavinsky representing the applicants stood to describe the project. The applicants wish to construct a new single family home, deck, stone driveway, landscaping and associated appurtenances on their property. The plans were originally approved by the Board of Health in 2003. There have been some slight changes to those original plans and the area where the deck will go rests on a sono tube foundation. The area was previously cleared and there will not be a lot of vegetation removed. The agent did state that removal will be of mostly crab grass and that he see the landscape plans done by Wayne Tavares and they show many mitigative plantings will be
installed. The house plans were submitted and reviewed by the Committee. The agent recommended approval.
Motion made, carried and seconded to close and issue.
7:42 p.m. James Paquette, RDA – 160 Captains Row (Install new Title V septic system)
Michael Labute of Michael Labute Trucking and Excavating (Excavator) representing the applicant described the project. The applicant wishes to install a new Title V septic system on his property. The Committee did read for the record a letter from the Board of Health stating that the application was currently under review. The agent did say that the system will be located further back than the current system but that there is still no impact to the area. The agent recommended approval.
Motion made, seconded and carried for a negative determination.
7:45 p.m. Steven McDonald, RDA – 14 Capstan Circle (Repair and maintain in perpetuity the existing stone wall)
John Slavinsky representing the applicant described the project. The applicant wishes to repair the stone wall (seawall) near the coastal bank. The repairs are very small; they will be to stop the small leaks. The agent did an on site and agrees that the project is on a very small scale and will not cause any impact to the coastal bank. He also stated that perpetuity cannot be granted in an RDA and that the applicant would have to reapply for it. The agent recommended approval.
Motion made, carried and seconded for a negative determination.
Meeting adjourned at 8:35 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
| 
