Mashpee Conservation Commission
Minutes of October 16, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons, Ralph Shaw, Lloyd Allen, John Rogers and Cass Costa
Staff present: Drew McManus (Conservation Agent), Liz Leidhold (Asst. Conservation Agent) and Melissa Brown (Board Secretary)
John Fitzsimmons called the meeting to order 6:55pm
Post Hearing Agenda:
1) Approval of Minutes from 09/18/2008
Motion made, seconded and unanimously carried to Approve the Minutes of 09/18/2008.
2) Board Secretary Replacement
The Agent explained that the Human Resource department has secured a new Board Secretary but that he was not sure when she would start. The Agent also explained that the new secretary will not be a notary and documents will have to be notarized by others in the Town offices.
3) Quashnet Bog Meeting –
Commissioner Fitzsimmons and the Agent both stated that they felt the meeting went very well. Commissioner Fitzsimmons stated that he felt that there was very cooperative spirit to the meeting with AFCEE and the Town Council. Commissioner Fitzsimmons explained that any Commissioner who had not yet submitted comments to the Agent do so.
4) Proposed New Fee Structure
The Assistant Agent went over the proposed new fee structure hand-out with the Conservation
Commission. The new fees would include a category for wetland delineation by the Conservation
Commission staff, as a public service. This would be available for small projects including septic repairs, sheds, barns, additions, etc. and would cost much less than paying for a private consultant.
This would not take the place of the state applications, but would certainly help the property owner to achieve a delineation that the Conservation staff would approve of at a lower cost than what is available through a consulting company. The Conservation Commission voted to approve the new fee structure and the new delineation service and to send it to the Board of Selectmen for their approval.
Hearing Agenda
7:00 p.m. Francis Reavey, NOI – 42 Cayuga Avenue
(Construct and maintain in perpetuity an existing seasonal dock facility)(Continued from 08/21/08)
It was read for the record that the applicant had requested a one month continuance until 11/20/08 @ 7:00 p.m. The Agent explained that the applicant had to request another continuance because they are awaiting final comments from Natural Heritage.
Motion made, seconded and unanimously carried for a continuance until 11/20/08 @ 7:00 p.m.
7:03 p.m. Barry and Laura Marsolais, NOI – 12 Brookside Circle
(New single family home with associated appurtenances)
Commissioner Fitzsimmons read for the record comments from the Board of Health that the application had been approved. Jeff Ryder from BSS Design stood to represent the applicants. Mr. Ryder explained that the property is located off Monomoscoy and is the last vacant lot in the area. Mr. Ryder explained that the area is wetland resource area, wildlife habitat and a bordering vegetated wetland with a coastal bank. Mr. Ryder explained with all of that they tried to be very careful with the size of the project and keep to a tight limit of work. Mr. Ryder explained that the applicants would like to construct a single family home, 2 car garage with an entry porch. Mr. Ryder explained that they have filed a variance request with the Board of Health to push the septic out farther on the property. Mr. Ryder explained that they had received
favorable comments from both M.E.S.A and the D.E.P. Mr. Ryder explained that the total property disturbance is 4750 square feet. The Assistant Agent explained that the comments made by Conservation were not only listened to but carried out nicely in the revised plan. An abutter Mr. Jaime Reagan stood to address the Commission. Mr. Reagan explained that he was very displeased with how all of this was handled and plans on appealing with the D.E.P. Mr. Reagan stated that he feels that the applicants are trying to sneak in a four bedroom house and that the project is far too big for the lot. Commissioner Fitzsimmons questioned what the lot coverage was, Mr. Ryder explained that the coverage % is listed on the plan and totals 9.4%. Mr. Ryder explained that the project is relatively small; the house is only 1500 square feet on lot that is 16,663 square feet. Mr. Ryder explained that the owners have owned the property for 12 years and are only looking to match the rest of the
neighborhood. Commissioner Fitzsimmons questioned whether the lot coverage figures were accurate and what can be used or counted in it. The Agent stated that the houses in the neighborhood have set a certain size precedent and that the project meets all the requirements necessary. Mr. Marsolais stood to represent himself and explained that he has attempted through his attorney, Mr. Kevin Kirrane, to contact the abutter, Mr. Reagan to no avail. The Agent recommended a close and issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:06 p.m. Robert Labich, RDA – 21 Fiddler Crab Lane
(Remove pitch pine and white oak trees within close proximity of the house and garage)
Mr. Robert Labich stood to represent himself on the application. Mr. Labich explained that he is looking to get permission to remove some pitch pines as well as some white oaks on his property- 15 trees in all. The Agent explained that the trees are located very close to the house and garage with one actually growing through the deck. The Agent explained that the trees have very shallow root systems and in a storm could snap like twigs and damage the house. The Agent also explained that the property does possess a coastal bank but is only so in terms of slope definition. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 p.m. Charlotte Labitt, RDA – 17 Wheelhouse Lane
(Re-vegetate existing path with approximately 40 native plants)
(Cass Costa stepped down on the application)
Greg Bush stood to represent the applicant. Mr. Bush explained that his company was contacted by Mrs. Labitt to widen an existing pathway. Mr. Bush explained that he was told by Mrs. Labitt that she had permission to do so and that is why the project went forward. Mrs. Labitt stood to address the Commission on her own behalf and explained that was sorry for the misunderstanding. Mrs. Labitt explained that she could not be present when the work was performed and that she thought she had permission from New Seabury Properties to do so. Mrs. Labitt stated that she did not understand why she had to go forth with the mitigation plantings when the foliage will grow back itself. The Agent explained that New Seabury may have granted permission in the past but that the new board did not approve it. The Agent explained to Mrs.Labitt that while some
planting may grow back, natural revegatation does not count towards mitigation according to the Town’s mitigation regulations. Mr. Bush stated that he did want the Commission to know that he does not feel Mrs. Labitt widened the path maliciously. The Agent agreed that he did not feel it was done maliciously but that New Seabury does not want the path due to liability reasons and that the planting plan should go forward as discussed. Mrs. Labitt restated that she did not feel that the replanting was necessary and it will not look natural. The Assistant Agent explained that it was more than just ground cover removed and that there were shrubs that needed to be replaced.
Motion made, seconded and unanimously carried for a Negative Determination.
7:12 p.m. Howard and Judith Kahalas, RDA – 2 Bowsprit Point
(Construct and maintain three additions on new foundations (2 in front, 1 in rear) to existing house)
John Slavinsky of Cape and Islands Engineering stood to represent the applicants. Mr. Slavinsky explained that the applicants wish to construct and maintain 3 additions to their existing home, erected on new foundations. Mr. Slavinsky explained that there will be 2 additions to the front of the home and one to the rear. Mr. Slavinsky explained that the projects are located more than 100 feet from the wetland and that there is a coastal bank in the yard but by definition only not function. Assistant Agent stated that the flags were not located on the onsite and that the delineation portion of the project was not yet approved. The Agent asked Mr. Slavinsky if the Board of Health comments had been addressed. Mr. Slavinsky stated that the Board of Health required that the doors be removed from the office and that the opening be widened to 6
feet. Mr. Slavinsky stated that the new plans reflected the changes.
Motion made, seconded and unanimously carried for a Negative Determination.
7:15 p.m. John Mates, RDA – 53 Hoophole Road
(Replace rotting railroad tie retaining wall with cement interlocking blocks to be 20 inches high and 39 feet long)
(John Fitzsimmons stepped down on the application)
Mr. John Mates stood to represent himself on the application. Mr. Mates explained that he is seeking the permission to replace an existing, rotting retaining wall with a new cement interlocking block retaining wall. The Agent explained that the wall is about 17 feet from John’s Pond but that there are no issues with it. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:18 p.m. Donald Brick, RDA – 18 Spoondrift Circle
(Upgrade septic system)
Peter McEntee of Engineering Works stood to represent the applicant. Mr. McEntee explained that the applicant is seeking permission to upgrade their septic system. Mr. McEntee explained that the septic is located 100ft. from the coastal resource and 100-year flood plain. Mr. McEntee explained that several variances have been requested with the Board of Health. The Agent explained that the septic is going into a completely disturbed area (the driveway) and that there are no issues with the project. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:21 p.m. Erwin Brilliant, RDA – 43 Little Neck Lane
(Upgrade septic system)
Peter McEntee of Engineering Works stood to represent the applicant. Mr. McEntee explained that the applicant is seeking permission to upgrade their septic system. Mr. McEntee explained that the septic is located above the 100-year flood plain and is within the 100-foot buffer Mr. McEntee explained that the applicant has requested permission from the abutter to access the area for the work through their yard and will be submitting a letter from the abutter to that effect. The Agent explained that there needs to be a siltation fence and hay bales added to the work area. The Agent also explained that an inspection of the hay bales and fencing needs to be performed prior to the start of work.
Motion made, seconded and unanimously carried for a Negative Determination.
7:24 p.m. George Turner, RDA – 35 Timberlane Drive
(Remove existing catch basin grate, fill with sand, establish vegetative cover over disturbed areas and existing pipe will be cut where visible.)
Peter McEntee of Engineering Works stood to represent the applicant. Mr. McEntee explained that the applicant was seeking permission to remove the catch basin discovered after another Conservation filing. The Assistant Agent explained that the project was suggested by the Conservation Department and that the only request is that the department be contacted prior to the start of work for another onsite. The Agent and Assistant Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:27 p.m. National Grid, RDA – Along Nathan Ellis Highway
(Replace gas main along Route 151)
Brad Malo of Coastal Engineering stood to represent the applicants. Mr. Malo explained that National Grid would like to replace the gas main located east of the high school on Route 151. Mr. Malo explained that the main has been experiencing some small leaks in recent months and that the replacement of the main would eliminate the problem. Mr. Malo explained that the new main would be 12” diameter, coated steel pipe. Mr. Malo explained that the project will require some saw cutting and removal of pavement. Mr. Malo further explained that the pavement will be removed, pipe installed and patched in kind. Mr. Malo stated that the project will not require any grade changes and no ground disturbance; siltation fences would be erected on site to prevent any run off type issues. The Assistant Agent asked Mr. Malo if the project would open and
close the same day. Mr. Malo explained that the project would likely take 2 days due to the type of pipe and amount that can be laid at a time. Mr. Malo stated that nothing would be left open overnight. The Agent requested a call before works begins to inspect the siltation fence, Mr. Malo stated that it was not a problem and he would give the office a call before work began. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:30 p.m. Michael Granfield, AOC – 91 Monomoscoy Road West
(Install a vinyl c-lock wall behind existing retaining wall to stop undermining)
John Slavinsky of Cape and Island Engineering stood to represent the applicant. Mr. Slavinsky explained that the applicant would like install a vinyl c – lock wall behind the existing retaining wall on the waterside of the property to stop the undermining that is now occurring. Mr. Slavinsky explained that 6 ft. sections of the c – lock would be installed 4 feet buried and approximately 2 feet above the water. Mr. Slavinsky explained that the c-lock would be placed right up against the current concrete retaining wall but if any gaps did occur they would be filled in with gravel. Mr. Slavinsky explained that the soft approach had been taken at the location but that the approach failed , leaving a 2-foot plus sink hole after storms. Mr. Slavinsky explained the only other alternative would be to take down the entire wall. The Agent
stated that he would like to see native ground cover meet the top of the wall. Mr. Slavinsky agreed to add it to project. The Commission questioned the c- locks success rate; Commissioner Costa explained that a house down from this has been using it successfully for years. The Agent explained that the project does have a Chapter 91 license and does not fall under Natural Heritage jurisdiction.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions.
7:33 p.m. Kevin Cayer, NOI – 190 Monomoscoy Road
(Construct and maintain a 4’ x 4’ platform and stairway)
It was read for the record that the applicant requested a continuance until 11/06/08 @ 7:03 p.m.
Motion made, seconded and unanimously carried for a continuance until 11/06/08 @ 7:03 p.m.
7:36 p.m. Stephen and Mary Lempitski, NOI – 102 Captains Row
(Construct, license and maintain in perpetuity a pier, ramp and float)
John Slavinsky of Cape and Islands Engineering stood to represent the applicants. Mr. Slavinsky explained that the pier, ramp/float have been more or less surgically placed with input from both the Conservation Department and the Harbormaster. Mr. Slavinsky also stated that he had also met with Mr. Rick York (Shellfish Constable) and that it is not a shellfish area. Mr. Slavinsky explained that the state (Division of Marine Fisheries) had requested an increase in the section span , he explained that they were not able to meet completely with the figure they proposed but did increase it from 14’ to 16’. The Agent asked Mr. Slavinsky if the dock meets up with the current stairs, Mr. Slavinsky stated that it does. The Agent stated that a letter had been received from Natural Heritage as well on the project and that they listed
it as a “no take”. The Commission questioned the increase requested by the state, Mr. Slavinsky explained that they requested 24’ but it was not possible. The Agent explained that he thought the project adhered to the greatest extent engineeringly possible and recommended a close and issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:39 p.m. Richard Hall, RDA – 63 Pond Circle
(Build small platform and stairs to access boat)
Mr. Hall stood to represent himself on the application. Mr. Hall explained that after meeting with the Harbormaster the plans for the project were redrawn to meet his specifications. Mr. Hall explained that the stairs on the project remain the same but that the float / ramp structure was changed because it was thought to be unstable as previously drawn. Mr. Hall explained that it would be replaced with s stanchion and the ramp would meet the bottom stair. The Agent explained that the project will be removed seasonally. The Agent stated that the new plan was much better and recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:42 p.m. Richard Cohen, NOI – 401 Monomoscoy Road
(Construct a new single family home with associated appurtenances)
Commissioner Fitzsimmons read for the record that the application is under review by the Board of Health. Michael Borselli of Falmouth Engineering stood to represent the applicant. Mr. Borselli stated that the name on the application should now read Nancy and Richard Cook, Mr. Cohen (the potential buyer of the property) is no longer involved. Mr. Borselli explained that new plans had been submitted to the Conservation department that he feels now address all of the concerns raised at previous hearings. Mr. Borselli explained that one of the biggest changes to the plan was the shift in the work limit; it is now back 70 feet from the salt marsh. Mr. Borselli further explained that the shift back from the salt marsh also required a 15-foot shift on the front of the house and it no longer lines up with the other properties front sides. Mr.
Borselli explained that the increase in separation also allowed for more trees than previously thought to be retained. Mr. Borselli explained that a lot of those trees were saved by eliminating the boat storage and extra turn-around space in the driveway. Mr. Borselli explained that vista pruning has been removed from the application but that the applicants may be back at a later date to request that as well. Mr. Borselli explained that while the question of coastal bank was raised at the last hearing, he does not feel that it is a true coastal bank and that no coastal bank was mentioned on a previous filing for the dock area. Ms. A.M. Wilson (Arlene Wilson) stood to address the Commission. Ms. Wilson explained that she had been hired by some of the abutters to the property to speak on their behalf. Ms. Wilson questioned the validity of Mr. Borselli’s information regarding the coastal bank. Ms. Wilson quoted from the NOI for the dock filing and stated that it was not paid for
or noted that the resource areas were confirmed. Ms. Wilson also questioned whether the house would meet the flood requirements laid out by the Town or the state. Ms. Wilson also called into question the septic location and testing done on it. The Agent explained that those concerns needed to be addressed by the appropriate parties like the Board of Health for the septic and the Building Department for the flood construction question. Commissioner Fitzsimmons asked about the coastal bank issue and how it could be determined to be or not to be a true coastal bank. The Agent explained that while the coastal bank on the property may meet the definition standards, it does not in his opinion perform as one. The Agent explained that the only other way to determine it would be to hire an outside consultant under Chapter 53G at the expense of the applicant to determine it. The Agent asked Ms. Wilson how much further a setback did she feel was necessary if that was indeed a coastal bank.
Ms. Wilson stated that she thought 25 – 30 feet but was not sure of the exact figure. The Agent explained that a 70-foot buffer to the salt marsh is already in place and that would be sufficient even if the bank is declared one. The Assistant Agent asked who would be used for the 53G; the Agent explained that there was someone they had used previously. Mr. Borselli stated that he would have to talk the matter over with the homeowner and that they reserved the right to okay the party for the study. Mr. Borselli stated that he still felt even if it is determined to be a coastal bank that the project meets all of the requirements. Mr. Borselli stated that he felt that the neighbors were not concerned for the resource area but are intent on driving the house back so far as to affect the view. The Agent explained that he too felt that it was not all about the resource area, the area is not a high velocity zone and that a very significant buffer now exists. The Agent also explained
that the septic issues were brought to the Board of Health who has not raised any concerns about them. Clint Owen stood to address the Commission. Mr. Owen explained that he was there on behalf of the Cooks and thought that the neighbors were being unfair. Mr. Owen explained that the applicants have already lost one buyer and would just like to get this all resolved. Mr. Owen also explained that all of these challenges to the size of the house are nit picky. Mr. Owen explained that a smaller house will look out of place with the neighbors. Mr. Borselli stated that he would like a continuance until 11/20/08 @ 7:03 p.m. to consider all of the issues brought forth tonight and to have the ability to respond in writing to them. Mr. Borselli stated that he felt legally it was the best thing to do for his clients. Commissioner Costa agreed and stated that it would also give the Commission time to meet with the Agent over what makes a coastal bank. Commissioner Fitzsimmons thanked
all of the abutters and representatives for coming and for their input.
The Commission voted to go through with the 53G and hire an outside unbiased consultant to determine if there is a coastal bank
Motion made, seconded and unanimously carried for a continuance until 11/20/08 @ 7:03 p.m.
7:45 p.m. Daniel Meehan, RDA – 35 Santuit Pond Road
(Maintenance pruning to open up existing path that runs from stairs to Pump House Road along Santuit Pond)
Mr. Daniel Meehan trustee for the Beechwood Point Condominiums stood to present the application. Mr. Meehan explained that he had met with the Agent at the site and showed him the area they wish to prune. The Agent explained that the pathway has become congested and the applicants are looking to clear the path from tree overhang. The Commission questioned the location on the plan; the Agent pointed it out to them.
Motion made, seconded and unanimously carried for a Negative Determination pending new plan showing path location.
7:48 p.m. Matthew Mase, AOC – 97 James Circle
(Plant approximately 800 square feet of grass)
It was read for the record that the applicant requested a continuance until 11/06/08 @ 7:24 p.m.
Motion made, seconded and unanimously carried for a continuance until 11/06/08 @ 7:24 p.m.
7:51 p.m. Cornelius and Maureen Ferris, NOI – 38 Seconsett Point Road
(Demolish and rebuild a new single family home and foundation, upgrade utilities, plant disturbed areas, and perform mitigation plantings with associated appurtenances)
Jack Landers-Cauley stood to represent the applicant. Mr. Landers-Cauley recapped the previous hearing for the Commission. Mr. Landers-Cauley explained that the plan was updated to show the construction area/ percentage of lawn coverage(less than 20%) as asked by the Conservation Department and that it reflects the three bedroom design as approved by the Board of Health. Mr. Landers-Cauley further explained that he had also submitted the construction methodology and resource area narrative as required in the Notice of Intent filing. Mr. Landers-Cauley explained that the last item that was needed was a landscape clarification and that it now present on the new plan as well. The Agent explained that there had been an onsite with the owner and the patio that was called into question at the last hearing will be removed.
Motion made, seconded and unanimously carried to Close and Issue.
7:54 p.m. Richard Kearney, NOI – 429 Monomoscoy Road
(Construct and maintain a vinyl c-lock erosion protection retaining wall seaward of existing stone wall)
It was read for the record that the applicant requested a continuance until 11/06/08 @ 7:18 p.m.
Motion made, seconded and unanimously carried for a continuance until 11/06/08 @ 7:18 p.m.
7:57 p.m. Hoopers Landing One, NOI – 7 Popponesset Island Road
(Demolish and reconstruct a new single family home with garage, deck, stone patio, pool cabana, stone driveway, Title V septic system and associated appurtenances)
It was read for the record that the applicants requested a continuance until 11/06/08 @ 7:21 p.m.
Motion made, seconded and unanimously carried for a continuance until 11/06/08 @ 7:21 p.m.
8:00 p.m. Elaine Keene, NOI – 27 Birch Way
(Remove wooden retaining walls, remove existing brick patio, remove 3 trees and construct concrete retaining walls, construct interlocking stone retaining walls, reconstruct stone patio with game room below, 2 house additions and landscaping)
It was read for the record that the applicant requested a continuance until 11/06/08 @ 7:00 p.m.
Motion made, seconded and unanimously carried for a continuance until 11/06/08 @ 7:00 p.m.
Meeting adjourned at 9:00 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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