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Conservation Commission Minutes 01/25/2007


MASHPEE CONSERVATION COMMISSION
Minutes of January 25, 2007
Public Hearings
Mashpee Town Hall Meeting Room 1
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Commissioners present: ~Jack Fitzsimmons, Chairman, Len Pinaud, Clerk, Lloyd Allen, Jeffrey Cross, and John Rogers.
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Staff present:  Steven Solbo, Conservation Agent, and Frances Wise, Board Secretary.
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Jack Fitzsimmons called the meeting to order at 7:51 p.m.  
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Public Comment:~ None.
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Non-Hearing Agenda
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Old Business:~ None.
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New Business:~

1.  Approval of minutes for 12/28/06.

Motion made, seconded and unanimously carried to approve the minutes for 12/28/06.

2.  Town of Duxbury Community Survey.  Steve will make copies of this survey to give to the members.  The survey is a 5-year update to learn Duxbury residents’ current priorities as they relate to community interests in the areas of open space, recreation, affordable housing and historical preservations.  

3.  Gate off Grafton Pocknett Road.  Steve said that the new gate was stolen, but he and Drew found it about 150 ft. away.  It weighs 300 lbs.  The poles remain in place, and the installers will put a cap on the poles this time.

4.  Blue Ribbon Committee.  Jack said the meeting that had been scheduled for January 18th did not take place.  Jeff will attend the meeting scheduled for February 1st provided he doesn’t have a conflict, in which case John will attend.  Jack will attend the following meeting.

Hearing Agenda:
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7:00 p.m., Bonnie Smith, 266 Monomoscoy Road (continued from 12/28/06).  

Motion made, seconded and unanimously carried to approve a continuance to February 8th at 7:06 p.m., at the request of the applicant.

7:03 p.m., Melissa Allen, 12 Pondview Road (upgrade the existing septic system).  Steve said the Board of Health reported that the application is incomplete because of insufficient information.

Motion made, seconded and unanimously carried to approve a continuance to February 8th at 7:12 p.m., at the request of the applicant.

7:06 p.m., Verna Trager, 128 Tide Run (extend existing deck and add a porch to the existing deck).  Steve described the plan and recommended approval.

Motion made, seconded and unanimously carried to approve this RDA.

7:09 p.m., Michael Corwin, 48 Fells Pond Road (continued from 1/11/07).  Mark Dibb represented the applicant and described the revised plan, which shows the new footprint and gives a detailed mitigation plan.  Steve said he is pleased that the applicant has pulled back quite a bit the portion of the house that was intruding into the buffer zone.  Regarding the septic system, they can file an amended order or an administrative approval at a later date.  However, he checked the hay bale line, and he is a little leery about how close it gets to some of the vegetated area, and how destructive the hay bale lines themselves can be – it’s going to be interesting to see how the contractor puts the hay bales through the trees.   Mr. Dibbs said he thinks that the current proposal allows them to stake the hay bales just outside the existing tree line, especially in the area of concern.  Steve said he’s seen situations where companies have said they can work within a 5 ft. limit and then it doesn’t turn out so well due to erosion, and then we have to address the problem afterwards. He said it does meet the performance standards.

Jack said the property line extends into Fells Pond.  The assessed area evidently includes part of the pond itself.  Steve said that comes under the Zoning Board.  There’s a change in the footprint, which means a change in the mitigation area.  That could be covered by an administrative approval.  He said this issue isn’t under our jurisdiction, so we can’t hold up a hearing for it.  

Steve then said if the entire lot is in the flood zone, they have to keep 20% of the naturally vegetated area.  As of now, the lot is disturbed up to that buffer.  Even though the house will be larger, there will be some mitigation -- thus arguably making the wildlife habitat even greater on this site.  He again stated that it meets our performance standards.

Motion made, seconded and unanimously carried to approve this NOI.

7:12 p.m., Mary Burke, 22 Triton Way (install steel sheet piling to encase the damaged wall footing and fill in with concrete).  Tara Marden, geologist, represented the applicant and described the project.  The wall was built about 40 years ago as a retaining wall to protect the upland property, not as a sea wall.  It is a vertical structure that’s in the tidal zone.  About two years ago the footing started to erode, and now about 5 ft. of the footing has eroded out and disappeared.  Also, the footing at the western end of the structure has been undercut.  Just fixing the concrete would not be a long-term solution for maintaining the wall.  She has discussed at length many different options with most of the regulatory agencies.   The proposal in this application is to encase the footing by pounding steel right around it.  The height of the steel will be about one foot above the existing footing, and they will pour concrete in that one-foot space.  The steel was specified by the engineer on the project and will be marine-grade.

Mitch Ziencina and Dave Hill Chapter 91, Jim Mahala at DEP, Jim O’Connell at Woods Hole Sea Grant, Steve and Drew, all agree that this is the right engineering solution and will have the least environmental impact.  She sent Dave Hill the application for the plan and he called her the next day to say it has their approval.    

Jeff said he would be interested in knowing the cost of the steel per linear foot.  Ms. Marden thinks the steel itself will cost about $40,000, not including labor.  It will be 17 ft. tall by 100 ft. long.  Steve said it meets the performance standards of the State act and the Town by-laws, and he recommended approval.  Jack requested that we receive written comments from the above-mentioned authorities as to their belief that this is the right engineering solution, and Ms. Marden agreed to affect this.  Jack asked Ms. Marden if she is saying that the wave action is not going to bend the steel back, and Ms. Marden said it wouldn’t.  She said a truck would pour the concrete from above.

Motion made, seconded and unanimously carried to approve this NOI.

7:15 p.m., Ivan and Jean Partridge, 20 Mutiny Way (remove existing decayed staircase and reconstruct stair in same footprint).  Steve described the project and recommended approval.

Motion made, seconded and unanimously carried to approve this RDA.

7:18 p.m., William Cuming, Trustee. Popponesset Realty Trust, 357 Simons Narrows Road (construct a single family residence, paved driveway, Title V septic system, and associated appurtenances).  

Motion made, seconded and unanimously carried to approve a continuance to February 22nd at 7:12 p.m., at the request of the applicant.


Meeting adjourned at 7:51 p.m.

Respectfully submitted,



Frances Wise, Board Secretary