MASHPEE CONSERVATION COMMISSION
Minutes of July 12, 2007
Public Hearings
Mashpee Town Hall Meeting Room 3
Commissioners Present: Jack Fitzsimmons (Chair), Ralph Shaw (Vice Chair), Len Pinaud, Jeff Cross, Cass Costa, Lloyd Allen and John Rogers
Staff Present: Drew McManus (Assistant Conservation Agent)
Jack Fitzsimmons called the meeting to order at 6:55 p.m.
Pre Hearing Items:
1. Shields Property: Tom Fudala (Town Planner)
As a follow up from the previous Concom meeting, the agent requested that Tom Fudala (Town Planner) fill the commission in on the details of Shields property purchase. Mr. Fudala is seeking approval from the Mashpee Conservation Commission to purchase a 1.09-acre parcel of land on Meetinghouse Road (Map 45 Block 69), which is adjacent to existing Massachusetts Division of Fisheries and Wildlife land on the Mashpee River for a price of $180,000. The funds are to come from the Acquisition of Lands and Maintenance Account, governed by the Mashpee Conservation Commission (pursuant to Mass Gen. Laws Ch 40, Section 8C, and Article 97). Additionally, Mr. Fudala will attempt to facilitate a swap of said purchase for a larger undeveloped parcel of approximately 4 acres adjacent to the Mashpee River and Lopez
Conservation Area. Mr. Fudala will attempt to recoup some of the purchase monies by applying for the “Self Help” program, which offers reimbursement up to 52%. Self-help will only apply to the 1.09-acre lot as it has been appraised already. The larger lot has not been appraised and hence does not qualify for self help.
Motion made, seconded and unanimously carried to approve the purchase of Shields Property for conservation purposes.
2. Approval of Minutes from 5/31/07
Motion made, seconded and unanimously carried to approve minutes.
3. Approval of Minutes from 6/14/07
Motion made, seconded and unanimously carried to approve minutes
Hearing Agenda:
7:00 p.m. Blanche Pozerski, 83 Whippoorwill Circle (permit an existing dock structure)
Cass Costa recused herself from this hearing. The agent described the project history to the commission. The original request for a dock and pier at 83 Whippoorwill Circle was filed in March of 1980. The Mashpee Conservation Commission rejected the proposal and stipulated that the dock had to be seasonal. A superseding order from MA DEP was handed down to approve a permanent dock. The plans of the existing dock on file do not accurately reflect what is actually there (plans on file show ramp and float and no pilings). The existing dock layout is just the pier and two pilings (no ramp or float). In order to conform to submittal requirements (Ch. 172, Reg. 3A), as built plans showing the current layout must be submitted 5 days prior to the hearing. Plans were submitted the day
of the hearing and therefore a continuance was required due to lack of sufficient information. Additionally, Jeff Cross pointed out that the depth contours on the as-built plan showed a water depth of 0.9” at the location of the existing pilings. The agent told the commission that the depth is closer to 2.5 feet based on direct observation while on a site visit. New plans showing correct depth contours must be submitted 5 days prior to the continuance date of 7/26/07.
Motion made, seconded and unanimously carried to continue the hearing to 7/26/07 @ 7:09 p.m.
7:03 p.m. Donald Sloan, 78 Captain’s Row (Regrade a driveway, install a fence and landscaping)
The agent informed the commission that part of this RDA application involves projects that occurred after the fact, including regrading of the driveway, stump removal from previously approved cuttings and grass plantings. Additionally, the applicant was looking to permit the installation of a fence, the removal of three trees bordering the perimeter of the house (possible structure damage if they were to fall) and plantings on the side of the driveway that abuts the neighbor to prohibit further runoff onto neighbor’s lawn (Mrs. Larsson).
Jack asked for commentary from the audience and Mrs. Larsson’s (the abutter) daughter spoke on behalf of her mother. Among her concerns was the runoff created by increase in grade of the driveway as well as the addition of stonework on the side of the driveway, which she thought was also contributing to the run off problem. Additionally, she mentioned that the branches from the trees on Mr. Sloan’s yard were causing damage to her mother’s roof and had knocked out power and cable when a few branches fell during a storm. Jack informed the abutter that they could not demand removal of trees on their neighbor’s property. Mrs. Sloan represented her husband and told Mrs. Larsson and the commission that the run off situation will be taken care of because
the work on the driveway grading is not complete. The agent asked Mrs. Sloan if additional work is needed on the driveway and Mrs. Sloan said yes, there is more work to be done. The agent informed Mrs. Sloan that neither the agent or the Conservation Department was notified of additional work to the driveway for this particular filing and because of this, the hearing must be continued and new plans must be submitted to show the planned changes and any associated work involved.
Motion made, seconded and unanimously carried to grant a continuance to 7/26/07 @ 7:12 p.m.
7:06 p.m. The Trust of The Cotuit Bay Condominium Association, 418 Quinaquissett Avenue (Vista pruning and vegetation control)
Dr. Jack Sloyer (resident of Cotuit Bay Condos) described the project to the commission. The agent prefaced Dr. Sloyer’s presentation by saying that this type of vista pruning will require a tactful approach to remove nuisance vegetation in order to gain a clearer picture of what view corridors currently exist. Len Pinaud stated that there were no engineered plans on file for this proposal. Dr. Sloyer stated that an on site with the agent would be necessary in order to clearly define how to go about establishing view corridors and that his appearance before the commission is simply a preliminary move. The agent informed Dr. Sloyer that the window for vista pruning is from November 1 to March 1. The agent and commission recommended a continuance to a future date at which time, engineered
plans can be presented.
Motion made, seconded and unanimously carried to grant a continuance to 10/4/07 @ 7:00 p.m.
7:09 p.m. Southport of Cape Cod Condominium Association, 19A & 19B Longwood Road (Drainage and other associated improvements for existing sewage treatment plant and maintenance building).
Ron Bonvie represented the Association and described the project. The current run off conditions outside the treatment plant allow for water to run unfiltered down slope to an isolated land subject to flooding. A drainage upgrade plan was presented to the commission involving the implementation of a grass swale that would consolidate run off into a riprap drainage ditch. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination
7:12 p.m. Southport of Cape Cod Condominium Association, Golf Course Hole # 9 (extend pathway at golf hole # 9 in order to improve the handicap access)
Ron Bonvie represented the Association and described the project. Hole # 9 extends over wetland and is tiered on the green side in such a way that it presents a safety problem for golfers who attempt to scale down the tiered areas to retrieve their golf ball on the green side of the fairway. In order to alleviate this potential safety hazard, Mr. Bonvie proposes a pathway that cuts through the woods on the green side of the fairway on hole 9 so that residents can get to their lies safely via golf cart. Mr. Bonvie stated that residents of his condo complex are elderly and that this pathway would help to eliminate a safety hazard. The agent informed the commission that the proposed area for the path was cleared at one time for a footpath and that very little clearing would need to be done.
Additionally, the slope of the proposed area was minimal and thus run-off and erosion issues were not a concern. The agent recommended approval.
Motion made, seconded and unanimously carried for a negative determination
7:15 p.m. Peter Merlino, 18 Quaker Run Rd (continued from 6/28/07)
The applicant requested a continuance to the next hearing.
Motion made, seconded and unanimously carried to grant a continuance to 7/26/07 @ 7:03 p.m.
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Drew R. McManus
Assistant Conservation Agent
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