MASHPEE CONSERVATION COMMISSION
Minutes of June 14, 2007
Public Hearings
Mashpee Town Hall Meeting Room 1 & 2
Commissioners Present: Jack Fitzsimmons (Chair), Ralph Shaw (Vice Chair), Lloyd Allen, Jeff Cross, and Cass Costa
Staff Present: Drew McManus (Assistant Conservation Agent)
Jack Fitzsimmons called the meeting to order at 6:55 p.m.
Pre Hearing Items:
1. Request for Admin. Approval: SE 43-2436 126 Shore Dr West (Shaevel)
Mike LeBlanc (LeBlanc Builders) submitted a request for administrative review to change the location of the walkover structure going down the coastal bank. Construction of the walkover structure in the current approved location would compromise the stability of the coastal bank as parts of the bank in that location are presently eroding. The request involved jogging the location 17’ to the right of original area so the walkover structure could be built over a less fragile area. The agent recommended approval.
Motion made, seconded and unanimously carried to approve the administrative request.
2. Baudanza/Cariglia
As a follow up to the commission’s request for an update on the revetment wall gap between Baudanza and Cariglia’s property on Triton Way, the agent called Art Serabian (Triton Way Association) to get an update on the status of the revetment wall gap. The agent informed the commission that work is presently being carried out to bridge this gap and that all issues between Mr. Cariglia and New Seabury Properties have been resolved.
Additionally, the agent informed the commission that beach grass will be planted at the top of the bank where the easement ends. The remainder of the easement off Triton Way will remain open (no planting plan as of yet) for future work on revetment walls.
3. Peggy Fantozzi Reports (Quashnet Bogs)
In response to Jack Fitzsimmons’ request to review the Quashnet Bogs Maintenance reports by Peggy Fantozzi, the agent informed the commission that the maintenance reports were in the Conservation Department office for review. Reports dated from 2001 to 2007 with photographs as well.
4. MA Agricultural Innovation Center
Lloyd Allen had given out copies of an article from the Standard Times describing improvement grants for cranberry growers. The agent did some follow up and printed out the details of applying for the grant money if any growers were interested.
5. MACC: Public Lands Preservation Act.
The agent submitted information to the ConCom supplied by the MACC in regards to the Public Lands Preservation Act (Article 97), otherwise known as the “No Net Loss” Act. The bill stipulates that any transfers of state or municipally owned Article 97 Lands or easements to a new public use or different managing authority or from public to private ownership shall be subject to alternative analysis to demonstrate there is no feasible alternative. Additionally, for all lands disposed or changed in use, the proponent must provide replacement land of equivalent acreage and market value (e.g. no net loss). The agent asked the commission to officially endorse this bill and such endorsement will be recognized by the MACC (Mass Assoc. of Conservation Commissioners).
Motion made, seconded and unanimously carried to endorse Article 97
6. Approval of Minutes from 5/17/07
Motion made, seconded and unanimously carried to approve minutes
Hearing Agenda:
7:00 p.m. David Lee, 31 Tide Run Rd (RDA)- Install hot tub, remove two trees and add a gazebo
The agent advised the commission that Mr. Lee was dropping the hot tub because the locale is within 50 ft of the coastal bank. The agent had informed Mr Lee that removing 2 trees within 50 ft of a coastal bank for the purposes of a hot tub would require filing of a notice of intent, not an RDA. Mr Lee decided to drop the hot tub from his request. Mr. Lee wanted to add an outdoor shower; however, it was not shown on the plan in the file. Additionally, Ralph Shaw had informed Mr. Lee that he needs to check with board of health in regards to the outdoor shower prior to concom rendering a decision. Jack recommended a continuance and Mr. Lee agreed.
Motion made, seconded and unanimously carried to grant a continuance to 6/28/07 @ 7:06 p.m.
7:03 p.m. Mashpee Dept. of Public Works – Quinaquisset Ave (RDA) Resurface existing pavement.
Catherine Laurent represented the DPW and described the project. All work is to be done within the road layout. This is part one of a two-phase project to upgrade Quinaquisett Avenue and improve drainage. Catherine also briefly described a project that will be coming before the commission in regards to Sunset Circle, and the drainage problem that DPW will attempt to address through an NOI filing. The agent recommended approval for the road resurfacing.
Motion made, seconded and unanimously carried for a negative determination
7:06 p.m. Deanna Broadley, Shore Dr (AOC: Dean’s Pond)- Beach Raking
Tom Jaloway represented the client and described the project. Mr. Jaloway specified that the beach raking will be taking place on the ocean side of Shore Dr, not Dean’s Pond. The agent recommended approval.
Motion made, seconded and unanimously carried for approval of amended order
7:09 p.m. Terry Mortorana, 374 Monomoscoy Rd (AOC) – Request for maintenance in perpetuity on a reconstructed boat slip.
The agent informed the commission that this project had recently been approved and had recommended that the applicants add maintenance in perpetuity as this is common practice with water-associated projects (docks/piers). The agent stipulated that when it comes to dredging maintenance, the homeowner should first contact Mashpee Conservation as well as the Shellfish Warden prior to any dredging. The agent recommended approval.
Motion made, seconded and unanimously carried for approval of this amended order
7:12 p.m. Sea Mist Builders, 403 Great Oak Rd (NOI) Construct single family residence, Title V, driveway and associated appurtenances.
John Slavinsky of Cape and Islands Engineering represented the client and described the project. Mr. Slavinsky informed the commission that this proposal had been previously approved; however, the orders had expired. Mr. Slavinsky went on to say that the new proposed footprint of the house is set back further from the coastal bank and the area of the porch will be outside of the coastal bank line (the previous filing showed the porch encroaching upon the coastal bank). A landscape plan will be submitted as an amended order. The agent recommended approval
Motion made, seconded and unanimously carried to close and issue
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Drew R. McManus
Conservation Agent
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