Mashpee Conservation Commission
Minutes of December 4, 2008
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, Robert Anderson, Jeff Cross, John Rogers, Cass Costa, Len Pinaud
Also Present: Conservation Agent-Drew McManus, Asst. Conservation Agent-Liz Leidhold
The meeting was called to order with a quorum by Chairman Fitzsimmons at 6:55 pm.
Pre/Post Hearing Agenda
1) Administrative Approval: SE 43-2512 – 155 Popponessett Island Road
Dan Selene of Landscape Architects in Falmouth is representing the homeowners who are requesting small changes in the pool area, which has been previously approved in an order of conditions. Construction is currently underway on the project and the pool area is expected to begin as soon as next week. The owners hope to complete work as early in the season as possible in order to get the plantings in place. Original plans for comparison purposes were distributed to the Commission and Mr. Selene noted that the revisions and the original plans are very closely related. Mr. Selene intends to work within the footprint of the original plan with a few modifications. In the new plans, the homeowner will relocate the spa closer to the house, reversing the location of the spa and pool
in the original plans. The corners of the terrace will remain as in the original plan. On the revised plans, the tan area represents the new footprint and the dark brown areas will be removed from the project. Pool will be stretched by 15” toward the house, a 32’ pool was permitted and the homeowner is wishing to extend the length to 33 ½’. Typically a pool is approximately 40’ but the homeowner is installing a smaller pool due to lot coverage issues. The homeowners are also requesting an infinity edge for the pool requiring a trough, which will be flush with the ground and will cover 78 square feet, to re-circulate the water. Stairs have been reconfigured, eliminating one set of steps to reduce coverage at the house end of the pool terrace. The coverage area being removed is 55 square feet which creates a net increase of 23 square feet (5x5). The homeowner proposes to mitigate for the increased coverage
by adding 348 square feet of plantings to total 4,638 square feet of mitigation plantings. The mitigation plantings are highlighted in the plans by the green area near the pool and trough resource areas. Agent McManus had no issues with the revisions and felt that great detail was provided for the project. The Agent recommends approval. Mr. Cross inquired about the elevation of the pool. Mr. Selene responded that the pool terrace is 30” above the lawn, as permitted.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2512.
2) Wildfire Treatment Grant-Mashpee River Woodlands
Mashpee Fire Chief George Baker was present to discuss the grant. Agent McManus indicated that he had been working with Bill Clark of Cape Cod Cooperative Extension to have the Mashpee River Woodlands surveyed for wildfire assessment. The report has been released and the Conservation Department now wishes to pursue grants for treatment, particularly for the area where the woods meet the housing area. At this point, the application needs to be sent in and if awarded, decisions can be made as to how best to allocate the funds. Chief Baker addressed the Commission about the availability of grant funds and the wildfire threat in Mashpee. Chief Baker indicated that the Cape has historically been very vulnerable to wildfires and more recently a threat due to increased population.
Chief Baker has been involved over the last three years with the Wildlife Refuge for planning and mitigation that will prevent brush fires or prevent it from leaving the woodlands. Fires can be beneficial and healthy for species in this area. The military base has had good success with prescription burning. The consultant assessed the Woodlands, particularly where it borders a large subdivision, and recommended that the town consider mechanical clearing. The greatest threat is ground fires during the fire season in March, April and May. Mechanical clearing would be sensitive to animals and plantings, and, in fact, may be helpful in bringing back native species according to National Heritage. Chief Baker is seeking conditional approval from the Commission to develop a plan, and is seeking support from the custodians of Mashpee conservation land to allow him to request funds from town offices that will allow implementation of the plan. The
plan will include components such as public works, wild life and long term prevention. Chief Baker hopes that as the town makes efforts in fire prevention, homeowners will also be encouraged to prevent fires with proper brush clearing methods and proper house numbering. Agent McManus will keep the Commission informed about the process. Mr. Cross recommended a family who may serve as a resource in his efforts.
3) Approval of Minutes from November 6, 2008
Motion made, seconded and unanimously carried to Approve the Minutes of November 6, 2008.
4) Approval of funds for gate installation at Garner Farley Bog
Trash has been removed and the DPW will install the gate at Garner Farley Bog. Agent McManus is seeking approval for funds to pay the DPW. Mr. Cross and Mr. Pinaud inquired about the cost and amount of labor needed. Agent McManus will notify the Commission of the final cost.
Motion made, seconded and unanimously carried to approve funds for gate installation at Garner Farley Bog.
5) Santuit Pond Dam Meeting
The Agent reported that the date for the Santuit Pond Dam Meeting has been moved up to December 12 at 2 pm in Conference Room 3. The date had to be moved as a result of the Office of Dam Safety Phase 2 requirements.
6) Land Steward Open House
The Conservation Department will be hosting an Open House for Land Stewards on December 16 at 7pm in Conference Room 3.
7) NOI/RDA Application Checklist
Agent McManus provided a draft to the Commission for the application checklist that will ensure the applicant is submitting a complete file. The applicant will be required to sign off on the checklist. Commissioners may make additional suggestions to the document.
8) Town Counsel Feedback: Keene filing and voting procedure
Based on feedback received from Town Counsel that the original vote stands; Agent McManus will close and issue the orders.
9) Pre-bid Bog Tour
The tour will be held on January 13 at 10 am.
Hearing Agenda
7:00 pm John and Ann Kelleher, RDA – 4 Point Road
(Continued from 11/6/08)
Motion made, seconded and unanimously carried for a Continuance until 12/18/08 at 7:12 pm.
7:03 pm John and Maria Rousou, NOI – 90 Summersea Road
(Continued from 11/6/08)
Request withdrawn.
7:06 pm Dana Andrew, RDA – 226 Wading Place Road
(After-the-fact clearing without a permit)
Brian Casey stood to represent the owner who aggressively cleared his lot over one weekend, without being aware of the regulations. The property includes a small cottage. The owner is being very cooperative, wishing to take care of the problem and install mitigation plantings. Agent McManus recommended that the owner concentrate the plantings at the top of the coastal bank. The Agent questioned Mr. Casey about two oaks noted on the plans, who responded that they are existing trees. The Agent continued that the project is a violation tying in to vista pruning. Agent McManus feels that the RDA request is a good plan and the owner was honest about it. It appears that mostly brush was removed, however some saplings were cut down.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 Ceslovas Kiliulis, NOI – 188 and 192 Wheeler Road
(After-the-fact tree removal within a resource area and vegetation replanting)
Motion made, seconded and unanimously carried for a Continuance, at the request of the applicant, until 12/18/08 at 7:15 pm.
7:12 Carol Augustyniak, NOI – 52 Spoondrift Way (Continued from 11/20/08)
(Demolish and rebuild new single family home, Title V septic system, utilities, driveway, landscaping, pool, replace deck with stone patio and associated appurtenances)
John Slavinsky of Cape and Islands Engineering represented the applicant. The owner wishes to remove the existing home and rebuild, maintaining the exact square footage of structure on the lot. The addition of such items as hardscaping increases the project by 500 square feet. Of the increased 500 square feet, 94% is on the street side of the house and the rear represents a 32 square foot difference. A deck located near the dock will be removed and replaced with a patio and pool and screened porch. The pool area, which is included in the extension, consists of pea stone. In order to move forward, Mr. Slavinsky has included mitigation to consist of a rain garden system, no lawn and the reduction of a five bedroom home to four bedrooms, limiting nitrogen release into Popponessett Creek. Additionally, Michael Talbott has submitted a landscaping plan. When examining the plant material located on the coastal bank, it was determined that 100% were invasive species. Agent McManus
stated that the landscaping plans were not submitted within the five day submittal requirement and advised Mr. Talbott that he would leave it up to the Commission to determine whether or not they would accept the landscape plans. The Commission discussed not accepting the landscaping plans due to the fact that it was submitted late, but continue to review the tear down and rebuilding plans which were submitted on time. The Commission also discussed the importance and necessity of considering the mitigation plans in relation to the building plans. Mr. Cross suggested that the plan be accepted in order to consider the entire project. The Chair added that there were a number of people who may have wished to review the landscaping plans, but did not have an opportunity. Should the project be approved, and someone came forward stating they did not have an opportunity to view the plans, it may be grounds for an appeal.
Motion made and seconded to accept the mitigation plan as presented for discussion and for approval or disapproval tonight.
In favor: Mr. Cross and Mr. Rogers. Opposed: Chairman Fitzsimmons, Ms. Costa, Mr. Pinaud.
The motion is declined; the landscaping plans are not admissible.
It was determined that the building plans may be discussed, but since the mitigation plans are crucial to the decision, the applicant will have an opportunity to present the landscaping plan at a later date. Agent McManus asked Mr. Slavinsky if he wished to continue his presentation knowing that the mitigation plans can not be included for consideration at this time. Mr. Slavinsky responded that the building plans represent 794 square feet of mitigation and 675 square feet of rain garden and is short 30-40 square feet of mitigation on his plan. A piece of his filing will remove invasive species, eliminate a lawn and offer a four bedroom home. Mr. Slavinsky also noted that a triangular portion of the deck does not appear on the plan submitted on June 1985 for the original house plan. A piece
of the deck is outside of the footprint and therefore is illegal. Mr. Slavinsky requested a continuance to December 18 to allow for the inclusion of the mitigation plan.
David Dwark was recognized by the Commission to speak as a representative for abutters Greg and Eileen Tyge. Mr. Dwark had attended a previous meeting to address the matter and express abutter’s concerns about the project. Since that time, an environmental consultant has been hired to review the plans submitted by the applicant. Mr. Dwark stated that a number of concerned citizens had appeared to be heard by the Commission and, despite the applicant’s late filing of the landscaping plans, he urged the Commission to allow the consultant to present the concerns about the demolition and reconstruction of the project. Chairman Fitzsimmons allowed the presentation but noted that the Commission will not be voting on the issue tonight. Arlene Wilson, Environmental Consultant, addressed
the Commission regarding the plans to demolish and reconstruct the home. Ms. Wilson compared the new and permitted house to the existing home. Based on the plan Ms. Wilson had, the yellow area represents the new home which is much bigger than the existing home. Ms. Wilson noted that there may be a graphic issue because there are two questionable areas outlined in red on the street side of the house. If it is not a graphic issue, then the plans indicate that the home’s footprint will be 900 square feet larger than the existing home. Although the proposed pool deck is smaller than the existing one, Ms. Wilson believes that the deck and the house as proposed may be more than 15% bigger than the current hardscape. The light blue color represents the footprint of the deck that was permitted in 1985 and the red striped area is the deck which is beyond what was permitted. Ms. Wilson also pulled the assessors file, which indicated the house
was measured in 1993 and the deck was similar to the permit but closer to the coastal bank, although it did not have the large bump out. Among the concerns Ms. Wilson addressed are the close proximity of the excavation to the top of the bank. The pool wall will be 6’-7’ to the top of the bank and the sandy soil does not hold up well and will require very strong construction protocol. Ms. Wilson wishes to know where the equipment will be staged, what kind of equipment will be used, the weight of the equipment, what does the pool look like, how deep will it be, where are the mechanics. Also, two of the rain gardens are within one foot of the top of the bank where it will concentrate the discharge possibly creating weak points in the bank. The conversion of a wood deck to concrete would not be better environmentally due to the runoff issues. Ms. Wilson also expressed concern about the excavation of the house since it has been moved
closer to the bank. Ms. Wilson questioned allowing someone to continue to alter an area that was already not permitted. Ms. Wilson also noted that the soil absorption continued to be only 6” deep from the top and would require a waiver. Abutter Craig Fitzgerald questioned whether or not the house was originally a 5 bedroom home and the Commission recommended that he could confirm the information with the Board of Health and Building Department. Abutter Eileen Tyge expressed concern regarding trees located on Spoondrift Way and whether or not they will remain. At present, she claims the trees are a nesting site for endangered species and Ms. Tyge indicated that the plans suggest the trees may not remain in place. Agent McManus stated that the project is not within National Heritage jurisdiction. Mr. Dwark thanked the Commission for hearing their comments and recommended that the issue be considered and denied. Chairman
Fitzsimmons stated that the applicant has requested a continuance. Agent McManus questioned the Commission if enough information was presented to allow for a decision. Ms. Costa responded that the information presented tonight ensures that all aspects will be looked at closely and, if a continuance is granted, Mr. Slavinsky will need to make revisions and additions to present the proposal again.
Motion made, seconded and unanimously carried for a Continuance until 1/8/09 at 7:00 pm.
Chairman Fitzsimmons thanked everyone for their time and comments regarding this proposal. Ray Tyge asked to be recognized and stated that his was the first home built in the area and feels that the applicant’s delays are unfair and that they prevent a final decision from being made. The additions to the home will obstruct his rights to the view he has had for many years. Residents have traveled long distances to express their concerns, and Mr. Tyge wants to see the house rebuilt within the current footprint. Ms. Costa indicated that the proposal would be looked at very carefully, particularly with the addition of Ms. Wilson’s presentation.
7:15 David Goulden, NOI – 22 Taffrail Way (Continued from 11/20/08)
(Original NOI must be changed to include ATF float and 2 piles [unpermitted] ATF charges and project description must include ATF items)
Motion made, seconded and unanimously carried for a Continuance, at the request of the applicant, until 12/18/08 at 7:18 pm.
7:18 Richard and Nancy Cook (Richard,Cohen, previous applicant), NOI - 401 Monomoscoy Road (Continued from 11/20/08)
Motion made, seconded and unanimously carried for a Continuance until 12/18/08 at 7:09 pm.
7:21 Ted English, RDA – 3 Ocean Bluff Drive
(Landscaping, beach grass and tree removal)
Greg Bush, landscaper, addressed the Commission as a representative for the applicant. The applicant’s proposal consists of three components. The applicant wishes to add beach grass to areas that are lacking vegetation. Additionally, the applicant would like to add plantings along the walkway located at the front of the house. Finally, the applicant has requested approval to remove a damaged pitch pine that is leaning, threatening damage. Agent McManus agrees that the pitch pine should be removed and stated that the beach grass is the only request located in the resource area. Agent McManus suggested, in an effort to avoid confusion, the plan be adjusted to show all plantings on one plan. The Agent recommends a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:24 Janet and Barry Krock, AOC – 4 Cross Street )(Continued from 11/20/08)
(Increase the house dimensions by 10 feet which also moves the stone patio by 10 feet
John Slavinsky from Cape and Islands Engineering represented the applicant. The proposal was continued because the house was 27 feet from the top of the coastal bank and Mr. Slavinsky has made adjustments so that it is now 35 feet. Agent McManus questioned the mitigation proposal that was initially proposed and whether or not it would be more appropriate closer to the bank. Mr. Slavinsky stated that everything green on the plan is the mitigation planting. Assistant Agent Leidhold recommended that the order note that it is pending Zoning Board approval.
Motion made, seconded and unanimously carried for to approve the amended Order of Conditions.
7:27 Peninsula Council, RDA – 9 Bright Coves Way
(Landscaping)
Tom Castin addressed the Commission with his request to replace dead vegetation with blueberry and blackberry bushes and remove a diseased cedar. Agent McManus requested that the duck house be moved away from the coastal bank. Ms. Costa inquired about the possibility of replacing the dying cedar with a new cedar, to which all agreed.
Motion made, seconded and unanimously carried for a Negative Determination.
Motion made, seconded and unanimously carried to adjourn at 8:40 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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