Mashpee Conservation Commission
Minutes of November 6, 2008
Public Hearings
Mashpee Town Hall
Present: Chairman John Fitzsimmons, Jeff Cross, John Rogers, Ralph Shaw, Leonard Pinaud
Also Present: Conservation Agent-Drew McManus, Asst. Conservation Agent-Liz Leidhold
The meeting was called to order by Chairman Fitzsimmons at 6:55 pm.
Pre/Post Hearing Agenda
1) Administrative Approval: SE 43-2494 - 96 Captain’s Row
Mr. Mark Tobin indicated that he is in the middle of a project and is requesting a change to the original order of conditions. In the northwest corner of the property, the original request proposed 12” paver blocks in the driveway to allow percolation of the groundwater. A catch basin was then installed to collect water, making the pavers redundant. Mr. Tobin is asking the Commission to consider allowing him to pave the end of the driveway with asphalt instead of the pavers. Conservation Agent McManus felt that either the asphalt or the pavers would work well with the catch basins.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2494.
2) Approval of Minutes from October 2, 2008
Motion made, seconded and unanimously carried to Approve the Minutes of October 2, 2008.
3) Santuit Pond Dam Update
The Agent reported that the Santuit Pond Dam has failed compliance with the Office of Dam Safety under the Department of Conservation and Recreation. The town has been issued a protocol to bring the dam into compliance. The dam is located in the Santuit Pond Preserve and is co-managed by both Mashpee and Barnstable. Although the area is considered open space, and not officially conservation area, it serves the same function. The Agent is planning a meeting with former members of the Santuit Pond Preserve Committee and town officials to further discuss the issue. The Agent has the report containing further information but essentially seepage is occurring under the dam and the dam is in a state of disrepair. The Agent indicated that the dam can be secured until the
process of repair is initiated. The Conservation Department will take measures to lower the lake level to ease up on the pressure against the dam. The Agent has the engineering plans available for any Commissioners interested in reviewing the report. The Office of Dam Safety has issued a deadline of December 2 to initiate Phase 2. Additionally, the Agent has requested two 60 day extensions from the Office of Dam Safety, extending the deadline for compliance to February 2.
4) RFPs for the Bogs
The Agent indicated that the RFPs are ready to go and require only that deadline dates be included.
5) Selectmen’s Meeting
The Agent reported that fee increases and the introduction of the Wetland Delineation Service were both approved. Additionally, John Mates was approved as Associate Commissioner and Paul Smalley stepped down due to health reasons. One opening is available on the Commission. The Chair inquired about the status of the Land Stewardship Program. The Agent responded that, with three area coordinators stepping down, there was a need to re-design the program and make it a bit more simplified.
6) Gate Installation at Garner Farley Bogs
The Agent and Assistant Agent identified three piles of dumped materials near the bog and are proposing the installation of a gate outside of the bog to prevent trucks from accessing the area. The Agent requested approval to release funds to pay the DPW for installation of the gate, which they already have in storage. The other access point located in Falmouth is already gated. The Agent will inquire regarding the cost of the gate installation.
Hearing Agenda
7:00 pm Elaine Keene, NOI – 27 Birch Way
(Construct walls/patio)(Continued from 10/16/08)
John Slavinsky from Cape and Islands Engineering, representing the homeowner, addressed the Commission with a description of the project. The current patio features a brick block with a timber wall. The wall has bowed, and with concerns that it may fall, the homeowner wished to replace it with a concrete wall. In order to remove the timber wall and build the concrete wall, all material beneath the patio must first be removed. The homeowner has requested that the walls be attached to the house and instead of replacing the removed materials, they wish to build a roof and place the patio on top of the new space. An entryway will be created in the basement to access the new space. In order to continue with the project, drainage is needed and is reflected in the plans by three rain gardens,
with crowns in the middle. The new patio will be constructed of patio block with the rain garden drainage. There will be no access to the embankment from the basement; the access is off to the side. The second wall is less than 15 feet to the property line and will be an interlocking concrete block wall. The Agent has suggested mitigation plantings which plans depict along the stairway and near the old location of a deck. Mr. Mike Cannata will be responsible for the construction of the project. The Commission inquired about Board of Health comments for this project. The Agent indicated that the Board of Health was concerned about the addition, but since there is a 6-foot opening, it would be considered an extension not a bedroom. Commissioner Cross expressed concern about setting a precedent, stating his intent to abstain from the vote, and inquired as to the height of the ceiling. Mr. Slavinsky stated that the ceiling height would be
7 feet, the room is an extension of the basement and it will be used as a game room. The Agent clarified that the living space is not being extended, there will be no exit out the back and the new space is on the same footprint as the existing patio. The building inspector has indicated that the project is acceptable provided construction occurs at least 15 feet from the property line. The Chair inquired about construction of a cabana and Mr. Slavinsky responded that it is included in another filing. The Chair also asked about the September 29 date on the submitted plans, which included a platform. Mr. Slavinsky stated that the platform was removed by request, but the correction was not made on the signed stamped plan. Mr. Slavinsky will sign off on the corrected plan. The Agent reported that, when researching the home, no permit could be found for construction of the existing patio and the only plan that was located showed a retaining
wall. However, the wall is being compromised and is in need of repair. The Agent had questions regarding the methodology of accessing the top of the bank to install the concrete walls and what kind of disturbance may occur. At present, a staging area hasn’t been identified and a determination of what type of equipment will be used has not been reported. The Agent expressed concern about the limited space available for maneuvering. Three trees will be removed and the Agent is satisfied with the mitigation plans which include the addition of blueberries, inkberries, bayberries and vibernum. The Order of Condition also states that any disturbance of the natural groundcover must be replaced with natural groundcover. Assistant Agent Leidhold suggested the applicant should seek a COC to close SE 43-1378 to permit the patio. Regarding Natural Heritage, the top of the bank is not within their jurisdiction, only the bottom of the bank.
The Assistant Agent inquired further about the distance height of the project area to the resource area. Mr. Slavinksy indicated that the distance is approximately 49 feet. The Agent concluded with his concerns about the floats and float storage and has advised that they should be placed in a storage facility or moved to the sandy shore. Floats may not be tied off to a tree or overlapping vegetation and the Agent would like a letter added to the file reflecting the plans to resolve the float issue. The Chair indicated that the project meets performance standards and invited public comment. With no public comment for the application, the Chair called for a motion.
Motion made, 3 in favor, 1 abstained, to close the issue pending the Agent’s qualifications and comments.
The rule of necessity was invoked.
7:03 pm Kevin Cayer, NOI – 190 Monomoscoy
(Platform/stairway)(Withdrawn)
7:06 pm Robert Roche, NOI – 6 Great River
(Replace float, install piles)
Mr. Michael Borselli of Falmouth Engineering addressed the Commission as a representative for the homeowner. A Notice of Intent was filed to complete minor work on the waters of Great River. The homeowner wishes to modify an existing float to change the anchoring system to secure it with pilings, two on each side. The homeowner is seeking approval in order to proceed to the State Division Wetlands and Waterways. The existing float measures 6’x20’ but the homeowner wishes to increase the size to 6’x25’ to take advantage of the regulated 150 square feet maximum with one piling at seaward end and 1 piling at the landward end. The homeowner owns one boat, but may have additional boats visiting, so they have requested the additional mooring pilings. Commissioner Cross
supported the proposal and inquired about the depth of the pilings which Mr. Borselli indicated would be a minimum depth of 15 feet. There will be 6 piles total, two North, two South and two to secure the float. The Agent reported that Marine Fisheries expressed concern about the floats hitting land at low tide. Mr. Borselli stated that the current float is a replacement and that the new float may touch, but they are considering creating a “float stop” to mitigate any concerns. Chapter 91 requires that a structure provide public access. Due to the current construction of the ramp and platform, the homeowner intends to post a sign that will allow the public to walk up and around the structure. The Commission inquired about any concerns the Harbormaster might have about the project with the increased size of the float. Mr. Borselli responded that it should not be a navigation issue since it should be in line with the other floats
in the area. The Chair asked the Agent if the Harbormaster had submitted anything in writing regarding this project. The Agent responded that the Harbormaster is aware of the increased float size and expressed concern about keeping “prop washing” to a minimum. The Agent suggested that the Orders of Condition could include a requirement to keep the bow of the boat landward. Mr. Borselli stated that it is in the homeowner’s best interest to keep the propeller out of the shallow water and the Order of Condition making the bow of the boat landward would be acceptable. Regarding the grounding of the float, the Agent suggested investigating additional solutions to avoid grounding. In reference to an abutter’s concern, the Agent asked for further clarification regarding the plans depicting the extended property lines slanting into the water. Mr. Borselli responded that water rights are addressed at the state level through the
licensing process, but that private property extends to the mean low water. Homeowners can seek a license to build a structure that does not impact navigation or abutting properties, ideally 25 feet off of the property line. The lines are depicted in such a way that they are perpendicular to the mean low water line, and done so conservatively to ensure that the pilings are on the side of the owner’s property line. The Agent added that, separate from this project, an old mitigation plan is on file for the home and seems to be short on plantings. The Agent would like the homeowner to be aware of the need to add plantings and Mr. Borselli stated that Mr. Roche will schedule an appointment to meet with the Agent. With no additional comments, the Chair asked for a motion to approve.
Motion made, seconded and unanimously carried to Close and Issue.
7:09 pm David Goulden, NOI – 22 Taffrail Way
(Repair and reconstruct an existing pier on Popponesset Creek)
Mr. Borselli of Falmouth Engineering is representing the applicant for this dock repair and reconstruction project. Mr. Borselli presented plans featuring slight changes, revisions since November 3, 2008, which resulted from comments from the Agent. Mr. Borselli learned that the owner had, earlier in the summer, replaced four independent floats with one manufactured float without pursuing a permit for the work. Mr. Borselli is unaware of the contractor who completed the work. Mr. Borselli has asked that the Commission consider amending the application to reflect the after-the-fact work. The Agent responded that the contractor who installed the float and two pilings without a permit should have known better. The Agent contacted the DEP about considering a project with an existing
violation as part of the same project. The Agent indicated two options to proceed; 1) the hearing could be continued, revising the NOI to include the piles and float, paying the after-the-fact charge and returning to the Commission with one complete NOI or; 2) the Commission could approve the current NOI and then require the applicant to request an Amended Order of Conditions or return with another NOI filing to permit an after the fact for the piles and float. The Agent recommends amending the existing NOI filing and in an effort to move the process along, since the pilings would have been permitable. The Commission indicated that the size of the current float exceeds the 150 square foot maximum at 216 square feet. The Agent stated that the applicant would need to prove that the float was grandfathered in since it exceeds the regulated maximum. Mr. Borselli would need to further research the older floats that appear on the plan since the current
float, 6’x36’, was recommended as a smaller replacement for the original floats. The Chair and Agent stated that they will require established proof since the project is in violation and is required to comply with the 150 square foot regulation. The hearing will be continued on November 20 at 7:30 pm.
Motion made, seconded and unanimously carried for a continuance until 11/20/08 at 7:30 pm.
7:12 Gerald and Anna Schulze, RDA – 112 Old Brickyard Road
(Remove 2 pine trees, new bedroom addition on full foundation and re-vegetate)
Ms. Anna Schulze addressed the Commission with her desire to remove two pine trees in order to construct an addition that will provide housing for her elderly father. The Agent stated that the request is submitted for safety reasons resulting in adding on to the first floor living space. The Agent added that the Board of Health reported that the home is located in Zone 2, limiting the home to three bedrooms. The homeowner is aware that she will be required to remove one of the existing bedrooms. The Board of Health has indicated that no application review is necessary. Since this is an RDA, a condition of inspection will be included and after the addition is built, an agent will inspect the number of bedrooms in the home. The Agent has also suggested that mitigation plantings be added
since trees are being removed. At present, the plans show the mitigation plantings on the sandy beach, so the homeowner will make the change on the plans. The Agent also recommended that the silt fence include hay bale. The Agent recommends a Negative Determination with a condition of inspection post construction.
Motion made, seconded and unanimously carried for a Negative Determination.
7:15 David Greenblatt, RDA – 167 Hooppole Road
(Demolish cottage and remove debris)
Mr. John Falanchy from Home Improvement Specialists, representing the applicant, described the existing cottage which does not have a foundation. The owner wishes to remove the structure because it has been unused for 15 years and insurance will not cover it, he does not wish to be exposed to the liability. No excavation will be needed, but the proposal includes installation of a silt fence with staked hay bales to prevent any erosion or runoff to John’s Pond. Following removal, the applicant plans to cover the exposed area with straw and bark chips. The Agent supports the application.
Motion made, seconded and unanimously carried for a Negative Determination.
7:18 Richard Kearney, NOI – 429 Monomoscoy Road
(Continued from 10/16/08)
Motion made, seconded and unanimously carried for a Continuance until 11/20/08 at 7:18 pm.
7:21 Hoopers Landing One, NOI – 7 Popponesset Island Road
(Continued from 10/16/08)
Mr. John Slavinsky from Cape and Islands Engineering represented the applicant, presenting the plans to remove and replace a four bedroom dwelling, but maintain the existing pool. The revised plan is dated October 22. At present, it is 39 feet from the top of the coastal deck to the existing deck and with the new house the distance will be 41 feet. The structure itself will be 50 feet from the BVW. The driveway will change slightly and the dock and float are licensed. The house does not have gutters so drip edges will drain into french drains which will flow to rain gardens. The garage will be a straight drive in, the grade will stay as currently exists. The deck will be smaller and there will be a stone patio. The Board of Health is currently reviewing the application.
Mr. Slavinsky indicated that the house will sit in approximately the same location; the present lot coverage is 11.6% and will become 12.9% with the new home. The septic system will be installed under the driveway. Ms. Leidhold inquired about the landscaping plans and the depression area. Mr. Michael Talbot rose to respond and stated that the depression will be filled in and planted with a fescue lawn. Regarding the coastal bank and distance of landscaping, Mr. Talbott responded that they will landscape as in the plans. Shrubbery located by the bank will not be touched and will be enhanced with additional plantings.
Motion made, seconded and unanimously carried to Close and Issue.
7:24 Matthew Mase, AOC – 97 James Circle
(Continued from 10/16/08)
Mr. Matthew Mase is seeking approval for a comprehensive landscaping plan to include 200-300 square feet of grass in front of the house, mulch, vegetation and bushes. The Agent stated that the plans distributed tonight result from the original Notice of Intent and Order of Conditions requiring plantings to be added to the disturbed areas from the project. Plantings will be added above retaining walls, in the back of the home as well as creating a vegetative buffer leading to John’s Pond.
Motion made, seconded and unanimously carried to approve the amended order.
7:27 Timothy Foley, NOI – 45 Elizabeth Island Road
(Upgrade failing septic system with new Title V system)
Mr. John Slavinsky from Cape and Islands Engineering represented the applicant and described the owner’s desire to upgrade the septic system that is sitting in ground water. The new system is smaller and will be placed as high as possible and as far as possible from the water. The Board of Health is currently reviewing the application.
Motion made, seconded and unanimously carried to Close and Issue.
7:30 Robert W. O’Leary Trust, RDA – 15 Tuspaquin Road
(Removal of 4 dead trees abutting the house)
Mr. Casey Richmond addressed the Commission as a representative for the applicant. Mr. Richmond indicated that four dead trees are located near the home and creating a possible safety issue, so the applicant wishes to have them removed. The Agent has inspected the property and agrees that the pitch pines, which have a shallow root system, should be removed. The Agent requested that plantings be added to mitigate the loss of the trees which will be removed since it is riverfront. Mr. Richmond added that since filing the application, another tree has been discovered that is dying within the deck area. The Agent will perform another site visit to confirm the need to remove the tree. Mr. Eugene Lemieux rose to confirm that the additional tree is in fact one of the four requested to be
removed.
Motion made, seconded and unanimously carried for a Negative Determination.
7:33 John and Maria Rousou, NOI – 90 Summersea Road
(Vista pruning)
Motion made, seconded and unanimously carried for a Continuance until 12/4/08 at 7:03 pm.
7:36 John and Ann Kelleher, RDA – 4 Point Road
(Construct deck on rear of house)
Motion made, seconded and unanimously carried for a Continuance until 12/4/08 at 7:00 pm.
7:39 New Seabury Properties, AOC – 33 Flat Pond Circle
(Vista pruning)
Mr. Tom Jalowy of New Seabury Properties addressed the Commission regarding the vista pruning of five locations. Mr. Jalowy has worked with Agent McManus since last season, and is requesting vista pruning in perpetuity. In addition to vista pruning, the applicant has been adding mitigation plantings such as bayberry and inkberry. The Agent pointed out that the measurements shown on the plans are not correct for the corridors where the vista pruning is taking place and the Agent will work directly with Tom to ensure that the correct measurements are re-submitted. The Agent recommended the Commission approve the request pending receipt of a more defined corridor plans. Commission members inquired about what view is gained by the vista pruning and the Agent stated that the vista pruning
regulations are strict, and the applicant is aware of the regulations. The buffer zones were identified for the Commissioners and Mr. Jalowy indicated that among the views the homeowner may see are the pond or golf course.
Motion made, seconded and unanimously carried to approve the amended order pending receipt of corrected drawings.
7:42 New Seabury Properties, AOC – 28 Flat Pond Circle
(Vista pruning)
Motion made, seconded and unanimously carried to approve the amended order pending receipt of corrected drawings.
7:45 New Seabury Properties, AOC – 26 Flat Pond Circle
(Vista pruning)
Motion made, seconded and unanimously carried to approve the amended order pending receipt of corrected drawings.
7:48 New Seabury Properties, AOC – 24 Flat Pond Circle
(Vista pruning)
Motion made, seconded and unanimously carried to approve the amended order pending receipt of corrected drawings.
7:51 New Seabury Properties, AOC – 22 Flat Pond Circle
(Vista pruning)
Motion made, seconded and unanimously carried to approve the amended order pending receipt of corrected drawings.
7:54 John Brennan, RDA -38 Fiddler Crab Lane
(Deck replacement, remove concrete slab below deck and install self-supporting deck over gravel base, remove existing asphalt driveway and restore to gravel)
Mr. Brian Clifford, contractor for the applicant, addressed the Commission with plans to replace the current 52’x10 wooden deck which is showing its age. Mr. Clifford has proposed constructing a modern composite deck, remove the slab beneath filling with gravel, and building the deck on top. Mr. Clifford will also remove the driveway, and put in gravel with cobblestone edges. The Agent supported a negative determination for the project.
Motion made, seconded and unanimously carried for a Negative Determination.
7:57 Edwin McGuire, NOI – 414 Monomoscoy Road
(Construct a new garage and install a new Title V septic system and relocate utility services)
The applicant has requested a Continuance.
Motion made, seconded and unanimously carried for a Continuance until 11/20/08 at 7:21 pm.
8:00 Janet and Barry Krock, AOC – 4 Cross Street
(Increase the house dimensions by 10 feet which also moves the stone patio by 10 feet)
The applicant has requested a Continuance.
Motion made, seconded and unanimously carried for a Continuance until 11/20/08 at 7:27 pm.
8:03 Elaine Keene, NOI – 27 Birch Way
(Allow an after-the-fact beach cabana)
The applicant has requested a Continuance.
Motion made, seconded and unanimously carried for a Continuance until 11/20/08 at 7:24 pm.
8:06 Fran and Lori LaBrecque, RDA – 8 Capstan Circle
(Landscaping)
Ms. Lori LaBrecque approached the Commission to describe her request to prune overgrown shrubs and trees which are inhibiting the growth of other vegetation. The applicant wishes to remove four trees as well as removal of a diseased tree with a broken branch. The applicant has also proposed replacing the Russian olives with bayberry. The Agent discussed the need of pruning as a potential hazard but stated that some of the trees located in the back appear to qualify as vista pruning. The Agent supports removing the Russian olives and replacing them with the bayberry, and offered to make a site visit to identify the appropriate trees or branches that might pose a hazard and be justified for removal. The Agent does not want anything removed from the bank as it would be considered vista pruning
but encourages any enhancements to the buffer zone. The Agent sees no reason to prune the cedar and wishes to speak directly with the contractor, Tom, regarding the cherry tree and other proposed areas for pruning. The Commission agreed that the Russian olives may be removed as well as a 13” maple tree located near the house.
Motion made, seconded and unanimously carried for a Negative Determination pending removal of the Russian olives and the maple, all others are to remain.
Motion made, seconded and unanimously carried to adjourn at 8:50 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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