Mashpee Conservation Commission
Minutes of October 4, 2007
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons (Chair), Jeff Cross, Lloyd Allen, Leonard Pinaud, John Rogers and Cass Costa.
Staff present: Drew McManus (Conservation Agent) and Melissa Brown (Board Secretary)
John Fitzsimmons called the meeting to order 6:55pm
Post Hearing Agenda:
1) Approve Minutes from 09/06/2007
Motion made, seconded and unanimously carried to approve the minutes from 09/06/2007.
2) Cranberry Bogs
The agent informed the Commission that he would be meeting with Bill Fisher’s associate to go over the bog assessment on October 23, 2007. After the assessment is completed the letters will be sent out to get a grower.
Hearing Agenda:
7:00 p.m. The Trust of the Cotuit Bay Condominium, NOI – 418 Quinaquisset Ave
(Cont from 07/12/07)
The applicants have asked for a continuance until 02/21/2008.
Motion made, seconded and unanimously carried for a continuance until 02/21/2008.
7:03 p.m. James Latham, RDA – 24 Jeep Place (After the Fact landscaping)
Christopher Kirrane representing the applicant described the arborvitae trees that had been planted on September 10, 2007. The agent had been on site at an abutter’s request and seen the trees previous to planting. He made a judgment based on tree health to let the applicant plant the trees with the applicant’s understanding that the Commission could decide to make him take out the trees or alter his current plan. The Commission was presented with many abutter letters, abutters in person as well as a letter from Chief Collins. All of them expressed the same safety concerns. The safety concerns were not so much about the trees themselves as the tree, fence and hedges that line this driveway. The three combined make it very hard to see when backing up into the road. The agent, as well as Mr. Kirrane, did want to see the trees
handled separately. The Commissioners did not feel that the trees could be decided on by them and felt the fence and hedges issues needed to be addressed at the same time. The fence is not permitted and will need to go through the Building Department as well as ConCom for approval. It is the height of the fence that is creating most of the issue. Mr. Kirrane, after consulting with Mr. Latham, did choose to withdraw this application and will be applying again with fence, plantings, and hedges combined.
Motion made, seconded and unanimously carried for a withdrawal.
7:06 p.m. Melissa Allen, NOI – 12 Pond View Road
(Demolish and rebuild new single family home with associated appurtenances)
Michael Borselli (contractor) representing the applicant described the applicant’s wishes to raise and reconstruct a single family dwelling on her property. Mr. Borselli described that the plan does not call for any increase in house footprint and the only expansion is to the deck. The project is approved by the Board of Health and will include three bedrooms. The agent did do an on site, the land is disturbed, and there will be mitigation plantings at a ratio of 3 to 1 planted in the areas that will be affected by the construction. The agent recommended approval. The Commissioners conditioned that a house plan be submitted as part of the approval.
Motion made, seconded and unanimously carried to Close and Issue.
7:09 p.m. Kenneth Marsters, NOI – 10 South Sandwich Rd
(Remove old vegetation and construct driveway on each lot with mitigating appurtenances)
John Slavinsky of Cape and Islands Engineering representing the applicant described their wish to construct a driveway on the property. The driveway had been previously approved but the permit had expired. The area was cleared, and the cut-ins for the driveways still exist. Mr. Slavinsky has filed with Natural Heritage and is awaiting a response as far a vernal pool in the bog area is concerned. The agent does want that information as a condition of this approval but in his on site did see the necessary setback to that area. The plans call for no additional tree removal which was the only concern raised by the abutter present. The only suggestion to Mr. Slavinsky was that they look at the trees they are planting due to an increase in a pine-eating pest. The agent recommended approval with the condition that the vernal pool information be
provided upon receipt.
Motion made, seconded and unanimously carried to Close and Issue.
7:12 p.m. Frederic Blythe, NOI – 228 Wading Place Rd (Permit and construct a pier, ramp and float)
Norman Hayes representing the applicant described the applicant’s wishes to erect a dock, float and ramp on his property. Mr. Hayes explained the long permitting history on this project; it goes back to the 90’s. The original plans have been altered only slightly, the dock has moved to the west a few feet, and the boats are to be moored stern facing the creek. The dock will be a shared dock with the Siegfried’s, the next-door neighbors and will sit on lot line between the two houses. The dock will be three feet wide and the floats on the end with are removable, removed after the summer. The applicant and representatives do feel that no rights of the abutters or public will be interfered with. Due to the history here a letter was read drafted by Town Council in which it is stated that the two legal actions currently pending
with Mr.Blythe have no affect on this filing and should not be included in the decision. The Shellfish Constable had submitted a letter to the Commission as well regarding Mr.Blythe’s application. He expressed concern over the shellfish in the dock area and whether they would be smothered by it during low tide. Mr. Hayes responded to this letter by stating that he did a sounding study three days prior and that the shellfish would not be smothered at mean low tide, that there was room to get an 18” quahog rake under the dock even at that time. An abutter letter from Mr. John O’Neal expressed some of the same concerns for the shellfish population and fishing in the area. Nancy Caffyn of 218 Wading Place Rd raised the same concern and added the concern for child safety. The area that the dock is planned for has been a playground for children for many years and she fears that the boats and dock will make it unsafe for them to continue to be there. She did state
that she has done her own measurements as far as 70’ out and that she does not feel the report done by Mr. Hayes is accurate. Mrs. Caffyn also expressed concern over the dock being built on what she feels is Lot B not Lot A as reflected in the application. The agent stated that in his conversation with the Director of Assessment that it is only one lot legally. Mrs. Caffyn requested that in writing as she feels it is opposite to what she understood from the Assessor’s Department. Mr. Paul Whiteman (counsel) for Mr. Blythe did state that the lots were one lot not two as Mrs. Caffyn asserted. He also felt that some of the issues she had raised were for the Zoning Board of Appeals and that they had been discussed there as well. Many other abutters spoke to the safety concerns for the children as well and the enticement of a dock. The agent agreed that there were some safety issues but that they were out of the purview of the Commission and that parental supervision could
solve most of those concerns. Mr. Bob Colantuono wanted clarification as to his rights around the dock. He asked if he could climb over the dock and shellfish under it. Mr. Hayes, as well as the agent, clarified that he does have the right to walk around, over and shellfish under and near the dock. Mr. Hayes reiterated that there is no intrusion on the rights of the public by the dock, float or ramp. Another abutter expressed the same safety concerns as the others as well as a concern for the accuracy of Mr. Hayes numbers when data is based on a figure from 1942. She has measured it herself from 70’, 80’ and 85’ out and the water was well below 18”. She believes that the kayaking in the area will stop and that her family will not be able to safely shellfish there with the dock constructed. She also felt that the Commission was being biased towards Mr. Blythe and not hearing the abutters out. The members of the Commission explained that they are not
defending Mr. Blythe, are looking out for the environmental impact according to their purview. The Commission requested an updated plan from the applicant and his representatives as the one they were presented is from 2001. They would like an updated plan to include the current look of the vegetation and soundings information. The agent will be speaking with the Board of Assessors and the Harbormaster to clarify some of the issues raised. Due to the number of questions raised and the need for a new plan Mr. Hayes requested a continuance until 10/18/07.
Motion made, seconded and carried for a continuance for 10/18/07 @ 7:12 p.m.
7:15 p.m. Mark and Mary Beth Tobin, NOI – 96 Captains Row
(Demolish and rebuild new single family home with associated appurtenances)
Tom Bunker from BSS Designs represented the applicants. He explained the applicants wish to demolish and rebuild a single family dwelling on their property. This plan will include removing a garage bay area and moving the driveway as well as enlarging it. The Board of Health did submit a letter stating that the paperwork has been filed on this project and is under review. There will be some grade change to elevate the house. Additional grade changes will take place in the driveway area where per Mr. Michael Talbot’s plan and explanation will raise approximately 1’. There will be drainage down and toward the road to handle run off. The agent asked that as a condition of approval that the end of the driveway be permeable material such as pavers to help mitigate any run off issues as well. The Commissioners
requested a house plan as a condition of approval as well.
Motion made, seconded and unanimously carried to Close and Issue.
7:18 p.m. Kenneth Marsters, NOI – 14 South Sandwich Rd
(Remove old vegetation and construct driveway on each lot with mitigating plantings)
John Slavinsky of Cape and Islands Engineering representing the applicant described their wish to construct a driveway on the property. The driveway had been previously approved but the approval had expired. The area was cleared and the cut ins for the driveways still exist. Mr. Slavinsky has filed with Natural Heritage and is awaiting a response as far a vernal pool in the bog area is concerned. The agent does want that information as a condition of this approval but in his on site did see the necessary clearance to that area. The plans call for no additional tree removal which was the only concern raised by the abutter present. The only suggestion to Mr. Slavinsky was that they look at the trees they are planting due to an increase in a pine eating pest. The agent recommended approval with the condition that the vernal pool information be
provided upon receipt.
.
Motion made, seconded and unanimously carried to Close and Issue.
7:21 p.m. Jeffrey Wiesen, RDA – 30 Wheelhouse Lane (Remove concrete pool deck, replace with wood deck)
No one was present to represent the applicant. The agent did give the Commission some background on the project. The applicant wishes to repair and replace a broken concrete decking around their pool. There will be no increase in size and where it abuts the coastal bank he will condition that mitigation plantings be planted as well as any disrupted plants be replanted. The agent and Commission felt since the applicant had not appointed the agent their representative that the hearing be continued.
Motion made, seconded and unanimously carried for a continuance until 10/18/2007 @ 7:15 p.m.
7:24 Robert White O’Leary Trustee, NOI – 15 Tuspaquin Rd (continued from 09/20/07)
The applicants have requested a continuance indefinitely.
Motion made, seconded and unanimously carried for a continuance indefinitely.
7:27 p.m. Janet and Barry Krock, NOI - 4 Cross St (continued from 09/20/07)
John Slavinsky representing the applicants presented a new landscape plan per the Commission’s request at the last hearing. He also brought with him a letter from the Board of Health that stated the house conforms to their definition of a two bedroom. The letter was in response to the Commission’s request; it was in question at the last hearing if the room on the third floor constituted a bedroom due to its layout. The Commission’s concerns from last hearing were addressed with these two items and therefore the agent recommended approval. The agent did also state that he would be sending out a notice to the homeowner about their patio stair, which are not permitted. The letter will require the stairs be removed.
Motion made, seconded and unanimously carried to Close and Issue.
7:30 p.m. Hal and Carole Butler, RDA - 87 James Circle
(Build a 12’x14’ three season sunroom over existing deck with additional sono tubes)
Jeremiah of Gagnon Home Maintenance representing the applicants described their wish to erect a 12’x14’ three season sunroom over an existing deck. The deck will be expanded as well as requiring an additional six sono tubes for support. The sono tubes will not be disturbing a large area, as they will be placed close to the house in the lawn. There will be no removal of vegetation and gutters will be installed with a dry well system to help prevent flooding/run off. The agent upon his on site saw no real impact concerns and recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:33 p.m. Gerald Fine, RDA - 12 Summersea Rd
(Construct new addition with 4 new sono tubes and relocate septic tank)
Tom O’Hara representing the applicant described the project. The applicant wishes to construct a new addition and relocate the septic tank on their property. The addition will extend off the side of the house and sit on 4 new sono tubes. They will observe all of the set backs and will be set with weed block and crushed stone. The septic tank will be moved and the tank size will increase to a 1500-gallon tank. The Board of Health has approved the application. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
Meeting adjourned at 9:05 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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