Mashpee Conservation Commission
Minutes of October 2, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons, Lloyd Allen, John Rogers, Len Pinaud and Cass Costa
Staff present: Drew McManus (Conservation Agent), Liz Leidhold (Asst. Conservation Agent)
John Fitzsimmons called the meeting to order 6:55pm
Post Hearing Agenda:
1) Enterprise Article on the Stewardship Program
The Agent explained how disappointed he was with the article in the Enterprise criticizing the Stewardship program. The Agent explained that he feels the program is going well considering the amount of work the office has been swamped with. The Agent explained that a few area coordinators had dropped out as well so he has been trying to fill the positions and coordinate with the Stewards in the affected areas. The Agent explained that the article seems to impose this timeline that was never established by the department. The Agent stated that he thinks that the presence on the land is the main focus of the program and that is getting done. The Agent explained that the article is also critical of the D.P.W, who have been very helpful with the project and getting the trash picked up. Commissioner Pinaud questioned who the
articles comments were based on, people in the program or others. The Agent explained it was both and that the expectations stated are way off base. The Commission asked whether the Agent felt another meeting should be had to clarify and all get back on the same page. Commissioner Pinaud suggested that the Agent get in touch with the writer and provide his side of the story.
2) Approval of Minutes from 09/04/2008
Motion made, seconded and unanimously carried to Approve the Minutes of 09/04/2008.
3) Associate Commissioner
The Agent explained that he had met with a Mashpee homeowner for an on site and that he had expressed interest in becoming an Associate Commissioner. The Agent explained that the homeowner was very knowledgeable and that he understood what the Commission does and how it is done.
4) Town of Dartmouth A1 Inspections
The Assistant Agent explained that she had provided all of the Commissioners with a copy of the Town of Dartmouth A1 Inspection sheets. The Assistant Agent explained that their Agents go out and perform flagging of small areas for things like additions and septic systems. The Assistant Agent explained that it saves the homeowners considerable money and that the department would like to consider starting it here. The Commission agreed that it was a good idea and stated that the department should move forward with the idea.
Hearing Agenda
7:00 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 two-week continuance until 10/16/2008 @ 7:48 p.m. The Agent explained that he had requested a more comprehensive landscape plan.
Motion made, seconded and carried for a continuance until 10/16/2008 @ 7:48 p.m.
7:03 p.m. Robert Spencer, RDA – 7 Ocean Bluff Drive
(New basement stairway access and new area with egress windows)
Commissioner Fitzsimmons read a statement from the Board of Health; the Board of Health listed the application as incomplete with insufficient information. Michael LeBlanc stood to represent the applicant. Mr. LeBlanc explained that the project is to create a theatre room, gym and bathroom in the basement of the home as well as add egress windows. The Commission questioned whether the application would be heard with the open issue with Board of Health. The Agent explained that the application can be heard and that the Board of Health needs a copy of the plan and some clarification only. The Agent explained that the Board of Health just wants to make sure there is not bedroom put in. The Agent explained that there are protocols in place to ensure that the area is in compliance and that the permit can be held until it can be verified. Mr.
LeBlanc explained that the project will entail adding some stairs to be able to access the basement as well as the installation of a storage shed. The Agent explained that the area is entirely disturbed, and he recommended a negative determination.
Motion made, seconded and carried to Negative Determination contingent upon Board of Health approval.
7:06 p.m. John Roche, AOC – 94 Bluff Avenue
(Revise landscape plan)
Mr. Roche stood to represent himself. Mr. Roche explained that he would like to plant some small plantings behind the house, reinstall grass around the house as well as expand his patio with blue stone laid over sand. Mr. Roche explained that he would also like to add a 10 x 12 shed on the property and that he would like to make the driveway crushed shells. The Agent explained that the area is entirely landscaped. The Agent asked that the grass be conservation mix, something that does not require any type of fertilization. The Agent also suggested that Mr. Roche add some small plantings in front of the grass to stabilize it. Commissioner Fitzsimmons questioned the side setbacks and where the shed was placed. Commissioner Fitzsimmons and the Agent suggested that Mr. Roche check with the Building Department to make sure he is in compliance
with their requirements as well.
Motion made, seconded and unanimously approved to Approve the Amended Order pending verification with the Building Department.
7:09 p.m. Stephen and Mary Lempitski, NOI – 102 Captains Row
(Construct, license and maintain in perpetuity a pier, ramp and float)
It was read for the record that the applicants requested a two-week continuance until 10/16/2008 @ 7:46 p.m. Commissioner Fitzsimmons and the Agent read that there have been no comments back from Natural Heritage yet on the project.
Motion made, seconded and unanimously carried for a continuance until 10/16/2008 @ 7:46 p.m.
7:12 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)(Continued from 09/18/2008)
A representative stood to represent the applicants. The representative explained that the project will remain a three bedroom but will require a septic upgrade. The representative explained that the house will be rebuilt larger to the front and side. The representative explained that the project includes dry wells, septic upgrade and driveway improvements. The Agent explained that the application is missing a construction methodology as well as a narrative on the resource areas and their performance/effect on these areas. The Agent also requested a more detailed mitigation plan. The Commission questioned whether the ramp, platform were licensed under Chapter 91. The representative explained that he did not believe they were but could do some research to ascertain it. The Commission stated that they felt a continuance was in order. The
representative agreed to a two-week continuance until 10/16/2008 @ 7:51 p.m.
Motion made, seconded and unanimously carried for a continuance until 10/16/2008 @ 7:51 p.m.
7:15 p.m. Paul and Jennifer Valentine, RDA – Wakeby Pond
(Continued from 09/18/08) (Replace existing seasonal dock structure)
A representative stood to represent the applicants. The representative explained that the homeowners are looking to demo and rebuild an existing dock. The representative explained that the dock will be seasonal and removed in the winter. The representative explained that the dock will be stored either on the deck of the house or on the driveway. The representative explained that due to the location of the dock, there were two filings – one in Sandwich under a NOI (for the land portion of the project) and one in Mashpee as an RDA (for the water portion). The representative explained that the Assistant Agent had sent over the Mashpee Order of Conditions and that they were written into Sandwich’s Orders. The representative explained that the project required a mussel survey and that Natural Heritage was satisfied with the findings.
The Agent explained that he had no issues with the project but would like a letter from the homeowners detailing their off season storage plans, he asked that one be sent to Mashpee and one to Sandwich. The Commission questioned what the Harbormaster had to say about the project. The Agent explained that he had been in contact with the Harbormaster and that there were no issues. The Commission asked that a letter be filed with the application from the Harbormaster. The Agent stated that he would obtain one and recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:18 p.m. Armando Vincente, RDA – 60 Cove Road
(Construct deck)
Linda Epson, a member of the Vincente family stood to represent the applicant. Mrs. Epson explained that the project was previously permitted and that the permit has expired. Mrs. Epson explained that work had begun on the project when some family tragedies prevented it from being completed. The Agent explained that the area is near Wakeby Pond and the deck meets all of the performance standards. The Agent explained that he is going to require the silt fence to be toed in better so that no debris can get underneath it. The Agent explained that no work is to take place on the project until the fence is toed in and a call is made to the Conservation Department to inspect it. The Agent explained that once it is inspected they will be able to okay the work continuance.
Motion made, seconded and unanimously carried for a Negative Determination pending the toeing in of the silt fence and inspection of it.
7:21 p.m. Richard Howley, RDA – 184 Daniels Island Rd
(Install fence around swimming pool)
Mrs. Howley stood to represent the applicant, her husband. Mrs. Howley explained that the fence will just make the pool safer and provide some privacy as well. The Agent explained that the area is 100% disturbed and the installation of the fence will not require any removal of vegetation. The Commission questioned the height; Mrs. Howley explained that it is 5 feet.
Motion made, seconded and unanimously carried for a Negative Determination.
7:24 p.m. Richard Hall, RDA – 63 Pond Circle
(Build small platform and stairs to access boat)(Continued from 09/18/2008)
It was read for the record that the applicant requested a two-week continuance until 10/16/2008 @ 7:39 p.m. The Agent explained that the applicant and Perry Ellis are trying to work out a new plan.
Motion made, seconded and unanimously carried for a continuance until 10/16/2008 @ 7:39 p.m.
7:27 p.m. Richard Cohen, NOI – 401 Monomoscoy Rd
(Construct a new single family home with associated appurtenances)(Continued from 09/18/2008)
It was read for the record that the applicant requested a two-week continuance until 10/16/2008 @ 7:42 p.m.
Motion made, seconded and unanimously carried to a continuance until 10/16/2008 @ 7:42 p.m.
Meeting adjourned at 8:15 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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