MASHPEE CONSERVATION COMMISSION
Minutes of July 26, 2007
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners Present: Jack Fitzsimmons (Chair), Ralph Shaw (Vice Chair), Cass Costa, Lloyd Allen and John Rogers
Staff Present: Drew McManus (Conservation Agent)
Jack Fitzsimmons called the meeting to order at 6:55 p.m.
Pre Hearing Items:
1. Approval of Minutes from 6/28/07
Motion made, seconded and unanimously carried to approve minutes from 6/28/07
Hearing Agenda:
7:00 p.m. Edwin McGuire, 410 Monomoscoy Rd: RDA (install 30-foot fiberglass flagpole)
Mr. McGuire was present at the meeting and introduced himself to the commission for the record. The agent described the project and recommended approval
Motion made, seconded and unanimously carried for a negative determination
7:03 p.m. Peter Merlino, 18 Quaker Run Rd (NOI continued from 7/12/07)
Mr. Merlino made representation to the commission and described the project as an extension of ramp and float to an existing pier. The agent informed the commission that Mr. Merlino had satisfied the concerns raised by both the Harbormaster and the Shellfish Warden as well as Marine Fisheries Service. Jack Fitzsimmons questioned the size of the existing float and Mr. Merlino told him that the float size is 190 sq ft. Mashpee Conservation bylaws stipulate a maximum size of 150 sq ft for all new floats. Because Mr. Merlino’s float existed and previously approved in its original location, the float is considered to be “grandfathered” and thus does not fall under the size stipulation as noted in the town’s bylaws. The agent recommended approval
Motion made, seconded and unanimously carried to Close and Issue
7:06 p.m. John and Laurie Roche, 94 Bluff Ave (NOI to demo/reconstruct single family home
Jack Vaccaro represented the applicant and described the project. The project location includes coastal bank and Flood Zone A resource areas. Mr. Vaccaro described the site as 100% disturbed (all lawn and plantings). Mr. Vaccaro informed the commission that the existing footprint is to be set back further from the coastal bank and reduced overall in size. To alleviate flood zone concerns, the foundation is to be raised on piles with a crawl space below for seasonal storage. The height of the house will be raised. The agent informed the commission that the coastal bank is actually a revetment wall and recommended approval
Motion made, seconded and unanimously carried to Close and Issue
7:09 p.m. Blanche Pozerski, 83 Whipporwill Circle (RDA continued from 7/12/07)
The agent informed the commission that DEP had decided that this permit request would require a NOI filing on their end because of insufficient information on file as to the actual proximity/size and scope of the existing dock and how it relates to the resource area. The agent recommended to the commission that they issue a positive determination on this RDA as plans on file do not accurately reflect what is existing.
Motion made, seconded and unanimously carried for a positive determination
7:12 p.m. Donald Sloan, 78 Captain’s Row (continued from 7/12/07)
Mr. Sloan made representation to the commission for the purposes of an after the fact filing to permit re-grading of his driveway. Additionally, Mr. Sloan requested the removal of three trees that could possibly cause structural damage to his house and the installation of a 50-foot fence. The agent informed the commissioners that the jurisdiction on this project is buffer zone to flood zone. Mrs. Wheatley and her daughter Nancy are the abutters to this project and Nancy Wheatley described the concerns her mother had with the driveway re-grading. Mrs. Wheatley noted that the increase in grade of the driveway was causing run-off of soil/sediment onto her lawn. The agent reminded the commission that the runoff was not going directly into the resource area but rather into lawn, which is not a
resource area; however, the burden of proof is on the applicant (Mr. Sloan) to show that the runoff that is occurring as a result of his project is not having an adverse effect on the resource area.
Jack Fitzsimmons recommended to Mr. Sloan and Mrs. Wheatley that they try to reach some sort of amicable solution to resolve the run-off problem as it is outside of the commission’s purview. Jack recommended the construction of a berm if plantings were to be ineffective in controlling run-off. The two parties agreed to work things out and try to find a solution. The agent agreed to meet on site with Mr. Sloan when a plan is formulated to address the run-off problem. The agent recommended approval for the after the fact driveway as well as the removal of two of the three trees and the installation of a 50-foot fence.
Motion made, seconded and unanimously carried for a negative determination.
Meeting adjourned at 7:35 p.m.
Respectfully submitted,
Drew R. McManus
Conservation Agent
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