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Conservation Commission Minutes 03/22/2007
                    MASHPEE CONSERVATION COMMISSION
   Minutes of March 22, 2007
                                                       Public Hearings
                                 Mashpee Town Hall Meeting Room 1 & 2   



Commssioners Present:   Jack Fitzsimmons (Chairman), Leonard Pinaud, Ralph Shaw,
Cass Costa, John Rogers, Lloyd Allen

Staff Present:  Steve Solbo, Conservation Agent, Drew McManus, Assistant Conservation Agent, Ina G. Schlobohm, Recording Secretary

Chairman John Fitzsimmons called the meeting to order at 6:55 PM

PUBLIC COMMENTS
None.

POST HEARINGS
1.  Administrative Approval (SE 43-2029) Michael Trudeau.   
This issue was continued from the March 8, 2007 Conservation Commission meeting.  There has been a change in the footprint of the house.  Revised plans were reviewed by the Commission members.

Motion made, seconded and unanimously carried to approve plans administratively.

2.  Mashpee Wildlife Refuge Cleanup – March 25, 2007.
Drew McManus reported that a ‘Cleanup Sunday’, sponsored by the Mashpee Conservation Department, is scheduled for Sunday, March 25, 2007, from 8 AM to 8 PM, at the Mashpee Wildlife Refuge Waquoit Bay Watershed.   

3.  Conservation Land By-Laws.
Drew McManus stated that Chapter 171 already exists.  However, the Conservation Commission plans to work up a draft of a set of overall regulations for conservation land.

7:00 PM – David Ferestein, RDA - 18 Bright Coves Way  (Upgrade Existing Septic System)
Jack Vaccaro, Environmental Consulting Company, represented the applicant.
He stated that the plan was to move the existing leaching field as far as possible away from Spoondrift Way.  The septic system needs to be upgraded to a 1500-gallon septic tank.

Motion made,seconded and unanimously carried to approve a negative determination.

7:03 PM – William Cuming Tr., NOI – 357 Simons Narrows Road
This issue was continued from the Conservation Commission meeting on March 8, 2007.  
Steve Solbo reported that Tom Fudala, Town Planner, has stated that this is not a buildable lot.  Should the Town Planner determine that it is a buildable lot, a 35-foot variance from 50 feet would be required from the Conservation Commission in order to approve building plans.    Steve Solbo recommended continuing the issue until the Town Planner declares the lot to be buildable.  
Cape & Islands Engineering, representing the applicant, requested a one-year continuance.

Motion made, seconded and unanimously carried to continue indefinitely.

7:06 PM - David Barry, NOI - 90 Pequot Avenue (continued from 3/08/07)
Steve Solbo stated that there was one minor change to the plans – it was moved further away from the road the meet the road variance Zoning Board requirements.

Motion made, seconded and unanimously carried to approve an Order of Conditions.

7:09 PM – Jeffrey Cross, RDA – 86 Water Way (continued from 3/08/07)
Steve Solbo stated that Mr. Cross initially came to the Conservation Commission for approval of a wall.  He now wants to put fiber rolls in place of a wall, essentially replacing what is there.  

Motion made, seconded and unanimously carried to approve a negative determination.

7:12 PM – New Seabury Properties, RDA – 138 Shore Drive West
Norman Hayes introduced himself to the Conservation Commission.  Mr. Hayes is requesting permission to grade the existing sand piles along the bluff and plant with American beach grass.  He explained that this was basically a stabilization project for the coastal bank.   Mr. Hayes stated that the sand piles initially were put in along the bluff to prevent golf balls and carts from getting too close to the edge of the coastal bank.  Mr. Hayes recommended a negative determination, as this is obviously an enhancement.

Motion made, seconded and unanimously carried to approve a negative determination.

7:15 PM – Robert Lurie, AOC  – 29 Shoestring Bay Road
Steve Solbo stated that at one point there was a long pathway going across the Bay.  The builder recommended change to the original plan by building an amended access pathway from the house down to the already approved pier.

Amy Ball, Horsley Witten Group, represented the applicant.  She stated that the location of the pier has not changed.

Motion made, seconded and unanimously carried to accept the amendment as proposed.

NEW BUSINESS

1.  New Agreement for Compensation for FY ’06 – Cranberry Bogs Profit
Steve Solbo reported that the FY ’06 compensation agreement was settled on by himself and Town Counsel, and was strictly an agreement between the Conservation Commission and the Air Force.   Basically, the compensation amount has gone down because it was based solely on profit margins minus the maintenance.  In prior years the compensation amount figured in the maintenance costs as well as the profit margin.

After a brief discussion among the Conservation Commission members about the new agreement, it was agreed to move into Executive Session at the adjournment of the meeting to discuss the issue further.


2.  Blue Ribbon Commission Extension.

Jack Fitzsimmons reported that at the final Blue Ribbon Commission meeting on March 15th, ’07, the committee members proposed two recommendations:  (1) the creation of a new Mashpee Selectmen’s Advisory Council, and (2) the founding of an open space land stewardship program in conjunction with the Conservation Commission, to be modeled after The 300 Committee in Falmouth.

Mr. Fitzsimmons stated that at the March 15th meeting, he voiced his disagreement with the idea of a Selectmen’s Advisory Council, saying that the council would usurp the authority of the Town Manager.  The proposed council would be comprised of chairmen of nine Town Boards and Committees plus two representatives from the public, to promote communication and collaboration.  The Town Manager would not be included as a member of the Council.  Mr. Fitzsimmons felt that an 11-member council would prove to be unwieldy and would make it difficult to achieve progress on their priority issues.

Regarding the establishment of an open space stewardship program, Mr. Fitzsimmons stated that the 300 Club in Falmouth has done an excellent job of protecting and conserving open space.    However, he felt that although the Mashpee Conservation Commission is very comfortable with overseeing a part of the open space in town, it is not ready to take on the responsibility of all the remaining open space.  The department does not have the time or the manpower to undertake such a responsibility.  

Mr. Fitzsimmons stated that he had abstained from the Blue Ribbon Committee’s vote to send the two proposed recommendations to the Board of Selectmen for its consideration.

As there was no further business, Lloyd Allen made a motion that the public meeting be adjourned, to move into Executive Session, and not to return to the public meeting.  John Rogers seconded the motion.  All approved.  The meeting was adjourned at 8:15 PM.  

Respectfully submitted,




Ina G. Schlobohm
Recording Secretary