Mashpee Conservation Commission
Minutes of December 18, 2008
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, Jack Mates, Lloyd Allen, John Rogers, Ralph Shaw, Cass Costa
Also Present: Conservation Agent-Drew McManus
The meeting was called to order with a quorum by Chairman Fitzsimmons at 6:55 pm.
Pre/Post Hearing Agenda
1) Approval of Minutes from November 20, 2008
Motion made, seconded and unanimously carried to Approve the Minutes of November 20, 2008, as given.
2) Pre-bid Bog Tour
The tour will be held on January 13, 2009, at 10 am. The prospective growers will be meeting at the Conservation Office prior to the tours of Quashnet Bog and Garner Farley Bog. The Assistant Town Manager will be sending the RFP. Conservation Agent McManus has been in contact with the Cape Cod Cranberry Growing Association who has agreed to distribute the RFP to any grower members who may be interested.
3) Approval of funds for gate installation at Garner Farley Bog
The Department of Public Works has completed the trash pick up and gate installation at the bog. Agent McManus will inspect the work and share the final invoice with the Commission. The newly installed gate should prevent illegal dumping, which has been occurring over the last few months.
4) Land Steward Open House
The Conservation Department hosted an Open House for Land Stewards on December 16. Turnout for the event was low as many Stewards were out of town for the season. Assistant Agent Leidhold will be taking over the management of the program and will host another meeting in the spring. The Conservation Department wishes to reorganize the program to offer greater responsibility to the Land Stewards, empowering them to gather more information and encourage participation in parcel research, trail work, outreach and education and clean up crews.
5) Route 130 Vinhaven Parcel
Mr. Pinaud shared by email his observations regarding the new parcel of conservation land off of Rt. 130. Agent McManus stated the property has a conservation restriction due to its status as part of the Department of Fisheries and Wildlife requiring minimal disturbance and passive recreation. It has been determined that the existing buildings will be demolished and can not be replaced. Clearance along the roadway is an issue and it is likely that the DPW will be clearing the area to improve accessibility. It has not yet been determined whether access to the parcel will be off of Rt. 130 or Pickerel Cove Rd. Once determined, the parcel will need to be named and signage created. An additional concern expressed by Mr. Pinaud was regarding ditches and depressions in the
ground. Agent McManus was unfamiliar with the particular depressions, and the Commission discussed liability issues related to the ditches. Agent McManus stated that there were some plans to install a Boy Scouts ropes course, but still is in the beginning stages. Agent McManus needs also to discuss fire access with the Town Planner and noted that there are ATV trails framing the parcel.
6) Wildfire Treatment Grant-Mashpee River Woodlands
Agent McManus indicated that the survey has been completed and anyone interested may have a copy. It has been determined, based on the results, that the main form of treatment is mechanical treatment to be used in the area of dead end roads where residences meet the Woodlands and working similar to a fire break. The report is finalized, and Agent McManus will use it as a resource as he pursues grants for treatment. Once the funds are awarded, the money can be used as desired to purchase equipment, hire crews to conduct treatment, etc. The Chair asked if the fire breaks could be used as trails but Mr. Allen suggested that they may be too wide to create a scenic trail. Agent McManus stated that the breaks would be along the perimeter of the land, primarily focusing on the
urban and wildlands interface.
~7) Santuit Pond Dam Meeting
The Agent reported that last week’s meeting included a variety of involved individuals. The Commission inquired about the water control system which Agent McManus described as an auxiliary structure and a main dam with a fish ladder, both of which have failed. Weston & Sampson Engineering conducted the survey determining that the earthen berm has been experiencing seepage underneath by 2-3 feet. The DPW has repaired the sinkhole and seepage area and Agent McManus is checking the repair two times each week. The final deadline for Phase 2 is March 6, 2010. Agent McManus has discovered that there is limited funding available for dam repair and in fact, has found that the preference has been to remove dams. An amendment for a bill in Congress would allow funding
to states to set up offices and offer education but no money is available to support repair of dams. Agent McManus has emailed representatives seeking funding from the state. At present, both Mashpee and Barnstable will share the cost of the assessment of the dam.
Hearing Agenda
7:00 pm Michael Chiasson, NOI - 41 Lakeview Drive
(Dock) (Continued from 11/20/08)
Due to conflicting meeting schedules, Jack Vaccaro attended the meeting on behalf of Barbara Frappier to represent the homeowner. Mr. Vaccaro is familiar with the project due to his involvement with the rare mussel survey. The project is a waterfront home with wooden stairs leading to the water. The applicant wishes to have access to the dock from the bottom of the stairs, the dock would begin at the edge of the water and extend 33 ft. into the water. The depth of the water is 3 ft. The seasonal dock will be removed in the fall, stored on the barren area of the beach and replaced in April. The dock will be a wooden structure, possibly with cedar posts or composite, CCA treated materials will not be used. Agent McManus indicated that this will be a unique dock using “helical
anchors,” or posts latched to anchors under the water. The project has been evaluated by Natural Heritage and all requirements have been met. The Agent recommends that the Commission Close and Issue. Chairman Fitzsimmons questioned the requirement regarding spacing of the planks and Mr. Vaccaro responded that although the project does not cross over vegetation, a 1 inch gap between the boards will be created.
Motion made, seconded and unanimously carried to Close and Issue.
7:03 pm Daniel LeBlanc, NOI – 9 Tuspaquin Road
(After-the-fact irrigation, paver walkways, new shed, patio, wall) (Continued from 11/20/08)
Motion made, seconded and unanimously carried for a Continuance until 1/8/09 at 7:12 pm at the request of the applicant.
7:06 pm Francis Reavey, NOI – 42 Cayuga Avenue
(Seasonal dock) (Continued from 11/20/08)
Motion made, seconded and unanimously carried for a Continuance until 1/22/09 at 7:00 pm at the request of the applicant.
7:09 Richard and Nancy Cook (Richard Cohen, previous applicant), NOI – 401 Monomoscoy Road
(House) (Continued from 12/4/08)
Mike Borselli of Falmouth Engineering appeared to address the project and distributed additional updated copies of the plans for the Commissioners. Mr. Borselli stated that the proposal has been continued previously due to concerns from a consultant representing an abutter, changes made to the plans, a study that occurred on the seaward side of the house to verify that no coastal bank existed and a third party review conducted by LEC Environmental that analyzed the plans and rendered an opinion that has been submitted and filed. Due to the continuances, Mr. Borselli has not yet presented to the Commission the changes made to plans in response to concerns expressed by the abutter. Initially, the home was situated closer to the water, 50 feet from the salt marsh. Regulations require that work be set
back 20% minimum of the lot depth which amounts to 68 feet. The house location and limit of work has been adjusted in response to that requirement and in compliance with the regulation. Additionally, there is no coastal bank so there is no need to set back the home any further than the 68 feet from the salt marsh. Arlene Wilson, consultant, shared additional concerns with Mr. Borselli regarding FEMA Regulations and requirements that would be reviewed by the Building Department as well as concern about the elevation of high ground water which Mr. Borselli feels has been addressed and would expect an Order of Conditions requiring approval from Mashpee Board of Health. Agent McManus distributed the LEC findings to the Commission stating that there is no coastal bank, although there are some wave-cut features. The Agent felt that the applicant and consultant accommodated the wishes of the Commission regarding the setback and eliminated a boat storage area
and recommends the Commission Close and Issue with Order of Conditions to include Building Department and Board of Health compliance. Consultant Arlene Wilson expressed appreciation, on behalf of her client, an abutter, for the work done and changes made to the plans and stated that they were satisfied with the new plans.
Motion made, seconded and unanimously carried to Close and Issue with an Order of Conditions to include adherence to all applicable Building Department and Board of Health requirements.
7:12 John and Ann Kelleher, RDA – 4 Point Road
(Deck) (Continued from 11/6/08)
Russell Wheatley of Abington addressed the Commission on behalf of the applicant. Mr. Wheatley distributed a colored version of the plans to the Commission. The proposed project includes construction of a deck at the rear of the home. The Commission flagged the resource area which is depicted in green on the plan. The top of the bank (elevation 11) is 6 feet from the proposed deck on the left and on the right 16 feet. The deck is raised 7-8 feet above ground so it will not impact the ground behind the house. Five 4x4 posts and five 12 inch diameter footings are well removed from the wetland area and high water mark. The Chair questioned protocol for any overhang or cantilever decks toward the resource area other than the 2 feet permitted by the town. Agent McManus and Mr.
Wheatley confirmed that there was no other protocol. Agent McManus stated that the proposal had been continued previously in order to delineate the BVW. Although the project is close to the resource area, it is located in a disturbed area with no impact to the resource area so Agent McManus recommends a Negative Determination. The Chair inquired about usage underneath the deck to which Mr. Kelleher responded there were no plans other than possibly storing excess wood. The Commission discussed the possibility of erosion concerns. Mr. Kelleher stated that the area had not changed in the 20 years since he built the home and Agent McManus confirmed that there is a very well vegetated and wooded buffer area. The Commission agreed that there is nothing growing in the area where the deck is proposed. The Commission will allow the applicant to add stones beneath the deck to reduce splashing.
Motion made, seconded and unanimously carried for a Negative Determination.
7:15 Ceslovas Kiliulis, NOI – 188 and 192 Wheeler Road
(After-the-fact tree removal within a resource area and vegetation replanting) (Continued from 12/18/08)
Motion made, seconded and unanimously carried for a Continuance until 1/8/09 at 7:09 pm at the request of the applicant.
7:18 David Goulden, NOI – 22 Taffrail Way
(Repair/reconstruct pier) (Continued from 12/4/08)
Mr. Borselli of Falmouth Engineering addressed the Commission as a representative of the applicant who has proposed to reconstruct a pier ramp float system. It had been determined at the original hearing that the old floating docks had been removed and replaced with pre-manufactured new floats. Although the work had been completed without a permit, the construction of the dock had occurred off site. The hearing was continued to allow the applicant to learn more about the history of the work. Mr. Borselli confirmed with Mark Burtis of Little River Boatyard that there was no construction on site, that new and old floats were floated in and the pilings are original. The new floats represent less square footage than the old floats so the application has been modified to reflect the after-the-fact
placement of the new floats in between the existing pilings and submitted a GIS aerial photo indicating the reduced square footage. Once the Order of Conditions is issued, the applicant will proceed to the State for a Chapter 91 license. Agent McManus confirmed that the smaller float replaces a float that was grandfathered. Agent McManus feels that Mr. Borselli has accommodated all requests including the After-the-Fact filing, bringing the project into compliance and recommends a Close and Issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:21 Charise DiPlacido, RDA – 98 Summersea Road
(Install public access steps and install float stops on float piles)
Mark Burtis of Little River Boat Construction is representing the applicant who wishes to fulfill the COC required by the State. When initially constructing the float, and upon consultation with the Shellfish Warden, float stops were not installed due to the mucky bottom. The State now requires it. Additionally, the steps and elevation located at the high tide line does not meet the 5-foot requirement for Chapter 91, so the best option is to go over the top. Agent McManus recommends a Negative Determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:24 Charles and Janet Nirenberg, AOC – 28 Triton Way
(Remove annual beach nourishment)
Motion made, seconded and unanimously carried for a Continuance until 1/8/09 at 7:03 pm at the request of the applicant.
7:27 Cheryl Bovarnick and Shepard Hoffman, AOC – 40 and 46 Triton Way
(Remove annual beach nourishment)
Motion made, seconded and unanimously carried for a Continuance until 1/8/09 at 7:06 pm at the request of the applicant.
Motion made, seconded and unanimously carried to adjourn at 7:51 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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