MASHPEE CONSERVATION COMMISSION
Minutes of February 22, 2007
Public Hearings
Mashpee Town Hall Meeting Room 1
Commissioners present: Jack Fitzsimmons (Chairman), Ralph Shaw (Vice Chairman), Len Pinaud (Clerk), Lloyd Allen, Jeffrey Cross, Cass Costa and John Rogers
Staff present: Steven Solbo (Conservation Agent), Drew McManus (Assistant Agent)
Jack Fitzsimmons called the meeting to order at 6:55 p.m.
New Business:
Michael Talbot (Michael Talbot & Assoc.) Mr. Talbot requested that the vista pruning deadline of March 1, 2007, be extended by 2 weeks this year due to the late winter conditions inhibiting this type of work (tree climbing, etc)
Motion made, seconded and unanimously approved for vista pruning deadline extension.
Hearing Agenda:
7:00 p.m. Maushop Village Trust, New Seabury. Norman Hayes (BSC Group) represented the client and described the project. Norman asked for a 3-year extension of the project (on going since 1992). Norman turned over the analysis of the project’s impacts to Agent Steve Solbo. Jack asked what is done with the raked seaweed, and Norman told him it gets taken to the landfill and is often times used as compost. Jack asked for audience commentary. A representative of the Rock Landing Beach Association asked about the timeline of the project as well as the use of machinery, and Steve told him that the permit will be valid for 3 years. Mechanized equipment will be used for raking, and the project meets the performance standards set for by the Massachusetts Wetlands Protection Act. Steve
was asked about potential environmental damage from the use of the equipment (fluid leaks, etc), and Steve re-affirmed that the project meets performance standards, and precautions are in place to minimize any environmental damage.
Mr. Walter Gardner (Rock Landing Association) asked why Clamshell Cove Road wasn’t used as an access point for this project. Norman Hayes told the commission that New Seabury granted four beach access points, and Clamshell Cove was not one of them.
Motion made, seconded and unanimously carried to approve this NOI
7:03 p.m. New Seabury Properties (Beach Raking with MIP): Cass abstained. Norman Hayes (BSC Group) represented the clients and described the project. Mr. Hayes informed the commission that surveys of macrophytic algae, and beach profiles were/are conducted on a yearly basis to assess any possible environmental damage as a result of this project, and the results were negative-no damage from beach raking. Mr. Hayes emphasized that the access ways are approved by New Seabury, and all beach access will occur between mean high and mean low water, as New Seabury owns up to high water. Access points for this project include Dean’s Pond, Maushop Village, and New Seabury Golf Course. Mr. Hayes asked for maintenance in perpetuity for this project based on prior orders of conditions he had referenced that
were issued by MA DEP and DEQE for this very same work. Jack expressed concern that the beach environment is dynamic and hence the orders of conditions should be reviewed based on changing conditions within the resource area. Steve informed the commission that there’s a clause in the OOC’s that allows the Concom to have new orders issued based on changes. Jack asked for audience commentary.
Rock Landing Association expressed concerns over the magnitude of the project, mostly in regards to allowing perpetuity. The Concom was not clear on how extensions are granted without review and Steve told the members that the orders of conditions remain the same because the project is being extended, not changed and therefore does not require review by the commission. Steve said that Concom has an opportunity to review a project when it comes time to sign off on extension permits and if any concerns are raised, that is the time to address them. Mr. Hayes told the Concom that a 3-year extension is fine with him if they prefer it that way. Mr. Gardner (Rock Landing Association) asked about access rights between mean high and mean low water for the project and how that relates to property lines, and
Steve informed him that property rights/issues are not in this commission’s purview and that is a matter for land court. Steve reiterated that the performance standards are met for this project, and precautionary measures have been set forth in the order of conditions.
Motion made, seconded and unanimously carried to approve this NOI without MIP. They will have to request an extension permit before the order lapses.
7:06 p.m. New Seabury Properties, New Seabury Golf Course (Lily Pond- intermittent pumping of storm water to control flooding and storm water over wash maintenance of the golf course). Norman Hayes (BSC group) represented the client and described the project. Steve said that the project has been permitted in the past meets the performance standards.
Motion made, seconded and unanimously carried to approve this NOI
7:09 p.m. New Seabury Properties, Shore Drive (AOC for MIP of beach nourishment): Norman Hayes (BSC Group) represented the client and described the project. Mr. Hayes said that he would like to request a 3-year extension in lieu of MIP. Mr. Hayes noted that this project was permitted by the Mashpee Concom in 1975 and was permitted in perpetuity by final order of the DEQE in 1986. Mr. Hayes stated this for the purposes of establishing precedent but reiterated that he is willing to work with the Concom on this project as far as extensions vs. MIP. Steve requested that Mr. Hayes highlight to the Concom the processes and benefits of beach nourishment and how sand is transferred down the coast to its ultimate deposition points. Jack read a letter from Mr. Jonathan Carter. The letter
was part of a group of letters highlighting expressed concern over the methodology for this beach nourishment project from 10+ Mashpee citizens.
Motion made, seconded and unanimously carried to approve this AOC
7:12 p.m. William Cuming Trust (357 Simons Narrows Road - continuance from 1/25/07 NOI): Steve stated there were questions on whether or not this was a build-able lot. Steve was told by town planner to hold off until further determinations can be made. Continuance requested by the applicant to 3/8/07 at 7:15 p.m.
Motion made, seconded and unanimously carried for a continuance to 3/8/07 at 7:15 p.m.
7:15 p.m. Edward and Donna Scahill 73 Bayshore Drive (RDA one-time Vista Pruning) Michael Talbot represented the client and described the project. Mr. Talbot described the area as a buffer zone/coastal bank-by definition. Steve recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:18 p.m. David Barry, 90 Pequot Avenue (construction of single family home with associated appurtenances and septic system). Steve stated that while he has no problem with plans or project scope, board of health has not signed off on this project, and the Concom cannot move forward without board of health approval. Steve did say that the Concom can approve this project pending BOH approval; however, Jack felt that it was best to stick to protocol and continue the hearing. Continuance requested by the applicant.
Motion made, seconded and unanimously carried for a continuance to 3/8/07 at 7:18 p.m.
7:21 p.m. Melissa Allen, 12 Pondview Rd (continuance from 2/8/07 for Title V septic). Applicant not present. Steve said the project was previously continued pending approval by Mashpee BOH and that sign off has since been given. Steve said the project is fairly innocuous and recommended approval.
Motion made, seconded and unanimously carried for a negative determination.
7:25 p.m. Renee Glass, 30 Fells Pond Circle (RDA: repair and replace existing wall and landscape upgrade). Jack asked why this wasn’t a NOI and Steve described the project as maintenance of existing structures thereby qualifying as an RDA filing. Steve described how the retaining walls are crumbling from rot and need to be replaced. Jack asked about the presence of creosote in the RR ties currently existing (based on observed photos presented to the concom of the area of proposed work). Jack recommended that new wood materials should be creosote free, and Steve informed him that there is nothing written in policy restricting the use of materials containing creosote or any other leaching chemical, and therefore, the Concom cannot make such a stipulation. Steve went on
to say that the Concom cannot restrict the usage of such materials without the backing of scientific evidence upon which a regulation can be established. Steve recommended approval.
Motion made, seconded and unanimously carried for a negative determination
Post Hearing Items:
Minutes approved from 1/25/07 and 2/8/07 -
Motion made, seconded and unanimously carried to approve minutes.
Administrative Approval for SE 43-2453:
Plan change for Michael Corwin residence showing a change in the work limit. Zoning board denied variance request from 20% lot coverage. Steve recommended approval for plan change at the corner of the house. Engineer needs to re-draw the work limit line and change it based on Concom recommendations.
New MACC Books: Steve asked Concom for funding approval to buy extra copies of MACC book and if Commission members would like to have their own copy. Len asked if the MACC book was available on CD ROM. Steve informed Concom that he and Drew are attending the upcoming MACC conference in Worcester.
Osprey nests: Steve proposed the possibility of funding for the establishment of additional nesting platforms of quality construction for various areas in town. Steve suggested an “adopt an osprey” program in which neighborhood associations could “adopt” an osprey nest as part of an overall conservation enhancement project. Nest locations will be selected for privacy and proximity to valued osprey habitat areas. Jeff asked about the possibility of private home-owners adopting nests, and Steve recommended that we try to emphasize community associations as opposed to private homeowners to avoid overkill on the project.
Jack talked about the Blue Ribbon Committee and asked for volunteer presence at the next meeting. John Rogers volunteered to attend the next Blue Ribbon Committee meeting.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
Drew McManus, Assistant Conservation Agent
Mashpee Conservation Department
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