Mashpee Conservation Commission
Minutes of September 20, 2007
Public Hearings
Mashpee Town Hall
Commissioners Present: Jeff Cross, Lloyd Allen, Leonard Pinaud, John Rogers and Cass Costa.
Staff present: Drew McManus (Conservation Agent) and Melissa Brown (Board Secretary)
Jeff Cross called the meeting to order 6:55pm
Post Hearing Agenda:
1) Administrative Approval (SE 43-2373) – 429 Monomoscoy Rd.
The agent deferred the description to Mark Burtis. Mark Burtis (contractor) of the Little River Dock Construction company described the applicants wish to realign their existing float/dock. Mr. Burtis went on to explain that it would involve spinning it parallel to the shoreline. He did also reveal that it will involve moving two pilings. The Harbormaster has signed off on this aspect. The agent recommended approval.
Motion made, seconded and unanimously carried to approve administratively.
2) Approve Minutes from 08/23/2007
Motion made, seconded and unanimously carried to approve the minutes from 08/23/2007.
3) The Compact of Cape Cod Conservation Trusts, Mark Robinson (109 Pickerel Cove Circle)
The agent described the plan to create a conservation restriction at 109 Pickerel Cove Circle. The property is a valuable corridor for wildlife and contains native vegetation. The restriction does not entail any financial transactions, and it was requested ConCom approve this as quickly as possible. The agent requested approval and passed the documents to be signed.
Motion made, seconded and unanimously carried to sign the easement documents.
4) Regulations for Mashpee Conservation Lands (cont. from 09/06/07)
The agent passed the copies of the regulations drafted by Bob Sherman per the commissioners’ request at last meeting. He asked that they read them over and asked that if they had anything to add or delete that they notate it for discussion at the next meeting. Mr. Cross did request that the commissioners receive copies of the Mashpee Open Space regulations as well. The agent will be distributing those to the commissioners prior to the next meeting.
5) Court Appearance: Sloan vs Whealtey
The agent described that he was called to sit in on the Sloan vs Wheatley case in court. He did explain that the case had been resolved without his input being requested in the court room. It was decided that Mrs. Wheatley will have to move her dock upon sale of the house. He also explained that she will be issued a violation notice for the changes to the dock and will have to apply for an After the Fact RDA.
Hearing Agenda:
7:00 p.m. Nicholas Rucky, Jr. RDA – 8 Summersea Rd (Install 8” x 12” shed)
Mr. Nicholas Rucky, Jr (applicant) described the project. He explained that he wishes to erect an 8’ x 12’ shed on his property for storage purposes. The agent did complete an on-site and stated that the shed is on the lawn and slopes down to vegetated wetlands. He did speak with Mr. Rucky about installing plantings from the Conservation list of approved plantings around the area. Mr. Rucky did agree to said plantings. The commission further recommended that neither gasoline nor oil be stored in the shed due to spill/transfer concerns.
Motion made, seconded and unanimously carried for a negative determination.
7:03 p.m. Town of Mashpee DPW, RDA – Cayuga Avenue Road Layout
(Mix existing pavement with subsurface soils and install leach pits to reduce drainage)
The agent described that the work is in the road layout only, and thus he saw no impact to the resource area (Cataquin Pond) abutting the work area and recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:06 p.m. Richard Lawless, RDA – 161 Daniels Island Rd (Repair and replace fixed pier and floats)
Mark Burtis (contractor) representing the applicant described the applicant’s wish to rehab their older dock with new materials. The dock will stay in the same footprint and will have the same diameter poles, but the poles will be dug deeper than they are currently. There is no power to the dock currently, so there are no power issues created by this rehab. The agent said the project meets the performance standards for docks and recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:09 p.m. Robert White O’Leary Trustee, NOI – 15 Tuspaquin Rd (Cont. from 09/06/2007)
John Slavinsky of Cape and Islands Engineering representing the applicant described their wish to install a portable, seasonal dock. He did explain that there was a dock there some years ago and that he saw no vegetation issues. Mr. Slavinsky also stated that they had filed with National Heritage and that they had four more days to answer. Mrs. Kelly O’Leary Richenburg (applicant) explained the project originally was to be a two family dock. She said that it is no longer going to be two family as the neighbors could not agree on the liability of each party. Mrs. Richenburg had drafted a license agreement as well, but the neighbors were not satisfied, as the dock would not be registered on their land. The agent relayed that the Harbormaster has not signed off on this project as he feels that they are too close to the neighbor’s
moorings. The lot line is in question, as it appears that there is not enough room to install a dock, and there is question as to who owns the beach property. The current plans are not clear, and the issues with the neighbor and Harbormaster need to be resolved prior to approval. The agent recommended continuance until the issues can be resolved.
Motion made, seconded and unanimously carried for a continuance until 10/04/07 @ 7:24 p.m.
7:12 p.m. Michael and Judith Welch, AOC – 277 Monomoscoy Rd (landscape plan)
Jack Lander-Cauley (contractor) representing the applicants explained their need to amend their existing order previously approved by the Conservation Commission. He did show the commission proof of mailing for the abutter notices from the post office. He did mail all of the letters out but did not get the green certification card back on one. The applicants wish to landscape between the house and shoreline and along the easterly line of the property. The landscape plan includes removal of 50% of the lawn and installation of a fire pit. Mr. Peter Harrington attorney for Mr. Frederick Camerato, an abutter to the property, expressed some concerns with the work at Mr. Welch’s. His client is concerned with the wall being built on the property and the drainage issue that is being created. The drainage issue directly impacts Mr. Camerato as
the water drains onto his property. He also pointed out with the help of Mr. Camerato himself that there is also an issue with flood plain land. The agent and commission did agree that there needed to be more resolution to these issues before going forward. The abutter and his attorney were also told to follow up with the other appropriate departments of the DPW and Zoning. The applicant’s representative did request a continuance until 10/18/07 @ 7 p.m.
Motion made, seconded and carried for a continuance for 10/18/07 @ 7 p.m.
7:15 p.m. Warren and Marie Marshall, RDA – 11 Crow Rd (Construct a 26’ x 38” garage)
Mr. Marshall (applicant) described his request to erect a garage on his property. The agent mentioned that he did go on site and could not see where Mr. Marshall would put the garage and that no trees were marked. The agent did notice that an inland bank had been cut into and that there were a few other violations noted. There is now a platform that is on waters edge like a dock and a three season sunroom that there is no permit on file for. The agent did not see any reason to further cut into the bank for this garage purely based on the applicant’s need for storage. George Ryan of Ryan Contracting was in the audience and spoke on Mr. Marshall’s behalf. He said that the three-season sunroom was signed off and that the garage could be altered to create fewer disturbances to the bank. The agent recommended a positive determination
and told the applicant that violation notices will be issued for unpermitted projects.
Motion made, seconded and unanimously carried for a positive determination.
Mr. Cross excused himself for the evening.
7:18 p.m. Anthony Ricci, RDA – 14 Pem Lane (Add 5’ to the back of the garage)
Jarod Steele (contractor) representing the applicant described the project. The applicant wishes to add 5’ feet to the back of his garage and use this to wall off a dining room. The agent did condition that any plantings disturbed will be replanted. Other than the plantings the agent notated no impact as the land is currently disturbed in that area as it stands now. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:21 p.m. Wilson Colucci, RDA – 106 Summersea Rd.
(Add second story addition over existing deck and plantings to stabilize bank)
Terry Luff (architect) representing the buyers and with permission the sellers of the property described the project. The buyers wish to improve the decking and add a second addition over it. The plan calls for adding 7’ onto/over the deck. The current cantilever system will be removed as well as the tree that currently is encased in the deck. The second story itself will extend the dining room and extend the bedroom that currently exists. The agent did speak about the front yard as well where there will have to be some tree removal and recommended plantings after the removal. Mr. Luff did say that that will be accomplished and that plantings will be used to shore up the bank in the back. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:24 Janet and Barry Krock, NOI – 4 Cross St (Demolish and rebuild new single family home with associated appurtenances.)
John Slavinsky of Cape and Islands Engineering representing Mrs. and Mr. Krock
(applicants) described the plan and the landscape plan done by Michael Talbot for the property. The project involves taking down the current dwelling and erecting a new house in a bigger footprint. The new plans for this do address the run off issue that was pointed out by the commission the last time the applicants were in front of the commission. There will be a new Title V system installed for the project, and it will be placed as far away from the banks as possible. There were abutters present as well as letters from abutters that could not be present. Cass Costa read the first letter from Mr. Peter Readel who expressed concern for the applicants encroachment on an Association owned bluff and the fear of increased erosion to this area. Cass read a second letter from Mr. Paul Dardano the President of the Rock Landing
Association where he expressed some of the same concerns; two more letters were submitted to the Commission. Two abutters were present to speak – Mr. Walter Dardano was also concerned about the increase in lot size and the bluff issue. The commission did express that zoning would need to be involved on the lot line, bluff issue. The second abutter that spoke Mr. Phil Rothschild wanted the stairs and patio to be addressed as well as the 50-foot buffer zone that is to exist around the bluff area. The agent did say that there would be a violation for the stairs that were not permitted but that the patio had been permitted. After further review of the building plans several commissioners noted that it appears that another bedroom is being added to the house, and the Health Department has not signed off or been notified of it. With this finding the commission recommended continuance until the issues with both the abutters and Board of Health can be resolved. Mr. Slavinsky agreed
to a two week continuance.
Motion made, seconded and unanimously carried for a continuance until 10/04/07 @ 7:27 p.m.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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