Mashpee Conservation Commission
Minutes of November 1, 2007
Public Hearings
Mashpee Town Hall
Commissioners Present: Jack Fitzsimmons (Chair), Jeff Cross, Lloyd Allen, John Rogers, 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) Tom Fudala – Shields Property
Mr. Fudala described the new developments in the Shields/ Lopez land deal that the Commission had previously voted to buy back on September 6, 2007. The deal originally revolved around a land trade, the trade has since been rescinded. Mr. Shield’s is offering his property for sale at the appraised value of $180,000 and wishes to have the sale completed by years end. At this point the self help option is no longer available and the agent does not feel the deal is as attractive due to the high expenditure and minimal gain the piece of land presents. The Commissioners voiced the same opinion; the Commission did feel that the door could be left open to buy it next fiscal year by reapplying for self help and if Mr. Shield’s wanted to pursue it as well.
Motion made, seconded and unanimously carried to pass on the purchase.
2) Tom Fudala – Donated lands
Mr. Fudala explained that the land was offered for donation by Mrs. Peck on November 1, 2007.
The properties abut land currently owned by the Town, having been previously purchased from the Peck Family. The properties are both appraised at $4,100. One of the parcels is wet land, the other is not. The necessary steps will be taken to check the titles and have the Health Department inspect the lands to make sure they are acceptable. The Commission requested tax revenue information. Mr. Fudula will provide the information for review.
Motion made, seconded and unanimously carried to accept the donation.
3) Approve Minutes from 10/04/2007
Motion made, seconded and unanimously carried to approve the minutes from 10/04/2007.
4) Violation petition
The agent informed the Commission that he had received a letter from Mr. William B Parrish of East Orleans. The agent read the letter for the record. Its contents describe the petition that has been put together by citizens of the state to change the fines for tree cutting. The petitioners wish to see a per tree fee versus the current violation fine which is the same no matter how many trees are cut. The agent passed the petition to be signed and read by all in attendance.
Motion made, seconded and carried to sign the petition.
5) Trail designation for John Johansen
The agent opened the discussion about what kind of tribute they would like Mr. Johansen remembered with. The agent stated that they will be naming one of the more traveled trails after him and wanted to get ideas on how to mark the trail. The Commissioners came up with the idea of a stone plaque marking the trail to be named after Mr. Johansen. The agent agreed with the idea and will be pursuing the idea further to obtain pricing and specifics. He will present it again to the board when the research is completed.
Hearing Agenda
7:00 p.m. New Seabury Properties, AOC – 2 Great Field Landing * SE 43-2383
Lot # 3 Flat Pond Subdivision: (Show house location, landscaping and associated appurtenances)
(Cass Costa stepped down on this hearing.)
The applicants have requested a continuance until 11/15/2007 @ 7:18 p.m. The agent did state that the reason the applicants have requested the continuance is that there is a need for them to change the landscape plan for this project. The landscape plan originally submitted did not include the necessary detailed plantings list.
Motion made, seconded and unanimously carried for a continuance until 11/15/2007 @ 7:18 p.m.
7:03 p.m. Stephen Miller, RDA – 22 Squaw’s Lane
(Provide a driveway with a parking area and stairway from back deck to back yard)
Greg Taylor of Taylor Design Associates represented the applicant and described the applicant’s wish to construct a new driveway/parking area with the addition of stairs to their existing deck as well as from the drive area. The Millers are requesting this construction due to the lack of parking they currently have for company, since the streets around their home are no parking zones. The driveway and parking area will be constructed of wash stone and the footprint will be 24’ x 32’. It will be constructed over an area that is currently disturbed lawn. The agent’s only condition is that the plantings as described on the plan be changed to a plant with more wildlife value. The Commissioners recommended Holly as an option, Mr. Taylor did initial and change the plans to reflect that Holly will be put in place of the
plantings originally named on the plan. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:06 p.m. Baypoint LLC, AOC - Great Oak Road *Amend order SE 43-2380
(Front entrance landscaping to reposition stone wall and revised plantings)
Tom Quinn of Baypoint LLC described their request to amend order SE 43-2380. They would like to use lawn to fill in the area they are creating as well as add some additional seasonal plantings. The agent stated that there are no significant changes to the original order and he recommended approval. (Jeffrey Cross reclused himself on this application)
Motion made, seconded and unanimously carried to accept the amendment as proposed.
7:09 p.m. David and Mary Wheatley, RDA – 84 Captains Row (After the fact dock repairs)
The agent described the background on this filing. Mrs. Wheatley had been issued a violation notice for the dock repairs. The violation notice was issued as no permits were pulled for the repairs. The agent an on site and found a few planks and railing that were altered and not the dock footprint and recommended approval to permit what currently exists. The Commission was given a letter from Perry Ellis (Harbormaster) in which he states he has no issues with the docks changes as they pose no navigational hazard. The agent also mentioned he did speak to Rich York (Shellfish Constable) and he too has no issues with the dock changes.
Motion made, seconded and unanimously carried for a negative determination.
7:12 p.m. Sharon Koblinsky, RDA – 355 Monomoscoy Rd (New 14’ x 38’ deck)
Sharon Koblinsky described her request to construct a new 14’ x 38’ deck on to her residence. The area that the proposed deck will be built upon is currently lawn leading down to coastal bank. The agent did condition that any plantings that are disturbed be replanted. The homeowner agreed and stated that it was her intention to do so.
Motion made, seconded and unanimously carried for a negative determination.
7:15 p.m. Trust of Cotuit Bay Condominium, NOI – 418 Quinaquissett Avenue
(Continued from 10/18/07)
Jack Sloyer representing the Trust of Cotuit Bay Condominium described the request to cut back the nonnative ivy that is choking out the landscape. The agent stated that he had suggested this filing due to the Notice of Intent submitted in July for vista pruning at the property. He felt that it would be beneficial to establish corridors for the pruning and to the trees that are in jeopardy due to the ivy situation. The agent also informed the Commission that this project will be kept a close eye on due to past violations at the property as far as pruning. The agent stated that he had spoken to Maffei Landscaping and Mr. Sloyer about the Ivy and what was expected. The agent is also conditioning an on site before work commences and after work is completed and stated he will do so for the NOI still to be heard before the Commission.
Motion made, seconded and unanimously carried to Close and Issue.
7:18 p.m. John E. Patrick et al, NOI – 106 Captains Row
(Construct and license a pier, ramp, and the float with maintenance in perpetuity)
The applicant has requested a continuance until 11/15/07 @ 7:06 p.m.
Motion made, seconded and unanimously carried for a continuance until 11/15/07@ 7:06 p.m.
7:21 p.m. Tamara Walker, RDA – 381 Great Oak Rd Bayview Rd Condominiums
(Replacement of lamp posts and maintenance pruning)
Tamara Walker, Trustee for the Bayview Rd Condominiums described their wish to replace existing 23 year old lamp posts and prune the surrounding trees. The project will require that new holes be dug and a trench be dug as well to facilitate replacing the old wiring. The number of lamp posts will be decreasing to six more energy efficient units and that will also create a need for different spacing, another one of the reasons for not using the existing holes. The agent did do an on site and spoke with Maffei Landscaping who will be responsible for the maintenance tree pruning. He feels the pruning would be beneficial and that the project causes no major impact to the area. The agent recommends approval.
Motion made, seconded and unanimously carried for a negative determination.
Meeting adjourned at 7:40 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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