Mashpee Conservation Commission
Minutes of September 18, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons, Lloyd Allen, John Rogers and Cass Costa
Staff present: Drew McManus (Conservation Agent) and Liz Leidhold (Asst. Conservation Agent)
John Fitzsimmons called the meeting to order 6:55pm
Post Hearing Agenda:
1) Administrative Approval SE 43-2510 – 45 and 51 Popponesset Island Road
The Agent turned the microphone over to Mr. Norman Hayes to explain the project request. The applicants want to use a small hydraulic to dredge.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2510.
2) Administrative Approval SE 43-2505 – 75 Popponesset Island Road
Mr. Hayes requested use of small hydraulic to dredge.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2505.
3) Approval of Minutes from 08/21/2008
Motion made, seconded and unanimously carried to Approve the Minutes of 08/21/2008.
4) Administrative Approval SE 43-2437- 40 Popponesset Island Road (David Jaye)
The Agent turned the microphone over to Jennifer Malilla to explain the request. Ms. Malilla explained that the landscaping on the project had already been approved previously and that the homeowner would only like to decustomize it. Ms. Malilla explained that the homeowner is hoping to sell the property and does not feel the previously approved custom landscape would appeal to all buyers. Ms. Malilla explained that the revisions call for reusing some of the existing plants and less proposed natives. Ms. Malilla presented a plan with newly revised numbers to the Commission.
The Agent explained that the plan meets the requirements as the project did not require any mitigation and was purely at the homeowner’s request. The Agent recommended approval.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2437.
5) Administrative Approval SE 43-2516 – 106 Summersea Road
The Agent turned the microphone over to John Slavinsky from Cape and Islands Engineering to describe the request. Mr. Slavinsky explained that the new plan calls for the float being rotated 90 degrees and for the removal of one section. Mr. Slavinsky explained that Perry Ellis the Harbormaster has given his approval for the changes. The Commission questioned if there were shellfish beds in the area that would be affected. Mr. Slavinsky stated that there are no shellfish beds present in the location, and the new plan causes less impact to the whole area.
Motion made, seconded and unanimously carried to Adminstratively Approve SE 43-2516.
6) Quashnet Bog Meeting
The Agent explained that there would be a meeting about the Quashnet Bogs to be held on 10/10/2008 at 10 a.m. The Commissioners questioned if all could attend and if so did it require posting a public notice. The Agent explained that it was not a voting situation and that everyone could attend without worrying about there being a quorum. The Agent explained that it will be attended by representatives from Fish and Wildlife and AFCEE to see what resources for funding will be available for the project.
7) Enforcement Order – 192 Wheeler Road
The Agent and Assistant Agent explained that they had been contacted by a Briarwood Association member about some maintenance and tree removal happening on the property. The Agent explained that he has requested the property owner come forth for an After – the – Fact filing and that he informed them that mitigation will have to be substantial.
Hearing Agenda
7:00 p.m. Maushop Village Trust, NOI – 358 Shore Drive
(Pre- post storm nourishment- extend nourishment time frame)
Norman Hayes stood to represent the applicant. Mr. Hayes explained that the applicant would like to extend the dates for nourishment to April 30th from April 1st. The Assistant Agent stated that the D.E.P asked that Natural Heritage comments be waited for on the project. Mr. Collins an abutter stood to address the Commission, he asked that the time frame be restated. Mr. Collins explained that they have never been notified of when the nourishment is going to take place and that he had sent a letter to the Conservation department expressing his concerns with the project. The Commission did explain that letters are sent and that the Association would have been notified but that every owner would not have been. Mr. Hayes explained that the property owners do not own the area where the barge is brought in as it is
below mean high water. The Agent agreed that the property owners do not own past mean high water and that the abutters are notified in accordance with the regulations. Attorney Jeremy Connor, an abutter stood to comment and stated that the property owners own to the low high water mark and that the nourishment should be prohibited without their permission. Attorney Connor stated that the beach has never been the same since the nourishment that took place back in 2006 and that a lot of damage was done to their beach. Attorney Connor explained that the area is unique and not owned by an association. Mr. Collins and Attorney Connor explained that the area is owned by the 33 property owners jointly. Mr. Hayes explained that the application was not on whether nourishment could be performed but when and that the nourishment is allowed in perpetuity and nourishment will continue regardless of the evening’s outcome. Mr. Hayes explained that it is purely to extend the window of time
and that the order of conditions has been honored year after year on the project. Mr. Hayes explained that the applicants were looking to extend the time frame and be in line with the other properties in the area that nourish until April 30th. Commissioner Costa asked what access is used for the nourishment; Mr. Hayes explained that it is not the Dean’s Pond area mentioned by abutters. Commissioner Costa reiterated to the abutters present that the time frame extension would only improve the chances of the sand staying there longer and that regardless of whether the time frame is approved that it will be approved forever. Mr. Hayes explained that he understood the abutter’s frustration but that he was not involved in the ‘06 or ‘07 nourishment projects and would be sure that the project be handled differently. Commissioner Costa asked if Mr. Hayes would have an issue notifying all 33 owners prior to nourishing. Mr. Hayes stated that he would have
no problem with that and that he would also certify a letter to the organization. The Commission explained that it would be approved pending the Natural Heritage comments and with the condition that the certified mail get done and that the nourishment not go beyond the end of April.
Motion made, seconded and unanimously carried to Close and Issue.
7:03 p.m. Jeff Murad, NOI – 19 Keel Way
(Vista pruning)(Continued from 08/07/08)(Cass Costa recuses herself)
(Commissioner Fitzsimmons calls the Rules of Necessity)
Wayne Tavares stood to represent the applicant. Mr. Tavares explained that the hearing was previously continued so that some Natural Heritage concerns could be addressed and the plans updated to include riverfront setbacks as requested by the Conservation Agent. Mr. Tavares explained that the boundaries had been moved back and is out of the extremes. He stated that there is an updated letter on file from Natural Heritage to that affect. The Agent explained that the plan does now include the riverfront setbacks, and Mr. Tavares has handled all of the concerns mentioned by Natural Heritage. The Agent stated that he will be onsite prior to the start of the pruning as is customary and will go over what can and cannot be removed or altered. The Agent recommended a close and issue.
Motion made, seconded and carried unanimously to Close and Issue.
7:06 p.m. Barry and Laura Marsolais, NOI – 12 Brookside Circle
(New single family home with associated appurtenances)
It was read for the record that the applicants had requested a one-month continuance until 10/16/08 @ 7:03 p.m. The applicants are still waiting to hear from Natural Heritage. An abutter from the audience expressed his displeasure that the hearing was being continued, and he was not notified.
Motion made, seconded and unanimously carried for a continuance until 10/16/08 @7:03 p.m.
7:09 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 10/16/08 @ 7:00 p.m.
Motion made, seconded and unanimously carried for a continuance until 10/16/08 @ 7:00 p.m.
7:12 p.m. John McCarthy, RDA – 5 Squaws Lane
(After-the-Fact additional stone driveway with cobble stone apron on Shore Drive)
John Slavinsky of Cape and Islands Engineering stood to represent the applicant. Mr. Slavinsky explained that the applicant was looking to get an After – the – Fact driveway and cobble stone apron approved. Mr. Slavinsky explained that it was left off of the original landscape plan for the property’s previous filing. Mr. Slavinsky explained that he felt the projects meet the performance standards and is in land subject to coastal storm flowage. The Agent explained that he was asked by the Board of Health to verify the way that the gravel was brought in for the driveway. The Agent explained that they were concerned that the septic system would have been compromised if large trucks were used to bring the gravel onto the area. Mr. Slavinsky explained that the same contractor/company that did the septic installed the driveway
and that he saw no issue there. The Agent stated that he had no other concerns and recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:15 p.m. Richard Hall, RDA – 63 Pond Circle
(Build small platform and stairs to access boat)
Mr. Hall stood to explain his application. Mr. Hall described his request to build a small platform and stairs to access his boat. Mr. Hall explained that the last stair will be set back 5 feet from the bank. The Agent explained that this was a tricky call; he did not know whether to have Mr. Hall file as a Notice of Intent or an RDA filing. The Agent explained after an onsite and many conversations with Mr. Hall it was decided that the filing would be as a RDA due to the fact that the stairs being installed are removable and the fact that no vegetation would be removed. Mr. Hall explained that it would have no sono tubes and the ramp would be hinged. Commissioner Allen questioned where the canal came from; the Agent explained that it had been dug illegally a while back. Commissioner Costa stated that there would be less impact to the area
because it would eliminate people trampling on the bank itself. Commissioners Fitzsimmons and Allen questioned the photos of the boat tied to the trees. The Agent explained that he would like to see the boat tied to the stairs going forward. Commissioner Fitzsimmons asked what the Harbormaster thought of the project; Mr. Hall and the Agent stated that he was not involved in the project. Commissioner Fitzsimmons stated that he thought the hearing should be continued until the Harbormaster could be consulted. Mr. Hall agreed to a two-week continuance for 10/02/08 @ 7:24 p.m.
Motion made, seconded and unanimously carried for a continuance until 10/02/08 @ 7:24 p.m.
7:18 p.m. Chilton Development, NOI – 166 Waterway
(Demolish and rebuild new single family home with driveway, landscaping, retaining walls, pool, patio, spa, walkways, irrigation, re-grading, denitrifying septic system, mitigation plantings and associated appurtenances)(Continued from 08/07/08)
(Cass Costa recuses herself)(Commissioner Fitzsimmons calls the Rules of Necessity)
Tom Bunker from BSS Design stood to represent the applicants. Mr. Bunker described the applicants wish to demolish the existing house and rebuild a new home that is only slightly larger and where the garage would be setback further on the property. Mr. Bunker described the applicants wish to demolish the existing house and rebuild a new home that is only slightly larger and where the garage would be setback further on the property. Mr. Bunker further explained that a new denitrifying septic system would be installed and would be set to meet the 100 foot setbacks from Salt Marsh, currently the system is not in compliance. Mr. Bunker explained that drain inlets will also be added to the property and piped toward the leeching field to control runoff. Mr. Bunker stated that he felt the new plans were an improvement to the site. The Assistant
Agent explained that the Conservation Department did have some concerns about erosion on the site due to the steep bank. The Assistant Agent explained that they would like to see staked hay bales and a silt fence added to make sure nothing goes down the bank. The Assistant Agent also explained that they would like to see hay bales around the leeching pit and hay bales installed around the tree marked for removal. Mr. Bunker agreed to add the hay bales and silt fence. The Agent explained that he was happy to see some of the suggestions made after the initial onsite added to the new plan. The Agent and Assistant Agent stated that they did not want to see any marsh elder disturbed and that the applicant would need to contact Conservation prior to any mowing of the Phragmites. The Agent also requested that the department be notified prior to the application of any herbicide. Commissioner Fitzsimmons questioned whether Conservation had to be concerned with the side setback being only 10
feet; the Agent explained that it was out of Conservation jurisdiction. Commissioner Allen questioned if there was going to be a baffler added to the blower due to the proximity to the neighbors. Mr. Bunker stated that he could add one if necessary.
Motion made, seconded and unanimously carried to Close and Issue with the restrictions outlined.
7:21 p.m. Christopher Joe, RDA – 43 Monahansett Road
(Construct a 25– foot patio)
The applicant Mr. Christopher Joe stood to address the Commission. Mr. Joe explained that he had been at the previous hearing to have some shrubbery permitted and was now looking to add a patio to his property. Mr. Joe explained that the patio would be installed where a deck previously stood and that it would be circular. Mr. Joe explained that he would like to use pavers like that used in his walkway but that he had alternatives as well if the Agent or Commission were worried about run off. The Agent explained that if the pavers were placed correctly in the area and laid over the correct material they would be fine for use. The Agent explained that he did not want to see them set in hard packed sand. The Agent explained to the Commission that patio would be installed in disturbed lawn area and that no vegetation would have to be removed.
The Agent did request that Mr. Joe use natural mulch, free from color and asked if there would be more shrubbery added for the project. Mr. Joe explained that the way the shrubbery will be laid will not require anymore to accomplish the same thing. Mr. Joe asked if the Agent wanted to see more spacing for the patio pavers than exists on the pavers on the walkway. The Agent did request that they be placed farther apart to allow for more drainage and recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:24 p.m. Paul Valentine, RDA – Wakeby Pond
(Continued from 08/21/2008)(Replace existing seasonal dock structure)
It was read for the record that the applicant requested a two-week continuance until 10/02/08 @ 7:15 p.m.
Motion made, seconded and unanimously carried for a continuance until 10/02/08 @ 7:15 p.m.
7:27 p.m. Richard Cohen, NOI – 401 Monomoscoy Road
(Construct a new single family home with associated appurtenances)(Continued from 09/04/08)
Michael Borselli of Falmouth Engineering stood to represent the applicant. He asked Commissioner Fitzsimmons to clarify some procedures for him regarding voting. Mr. Borselli asked what qualified as a quorum and if at the next hearing there would be a full voting membership. The Commissioners answered that a quorum was a minimum of four people and that they anticipated a full panel next hearing. Mr. Borselli stated that he felt it in the best interest of his client to wait and that it would give him time to address some concerns received by letter that day. Mr. Borselli asked for a two-week continuance with the understanding that he may need additional time.
Motion made, seconded and unanimously carried for a continuance until 10/02/08 @ 7:27 p.m.
7:30 p.m. Edward Govoni, AOC – 12 Quinapen Road (New address – Brickyard Rd)
(Extend fence in backyard, extend driveway, add 4-foot wide concrete walk and landscaping)
Mr. Govoni stood to address the Commission. Mr. Govoni explained that he would like to amend the original order of conditions so that he may extend his fence, driveway and add a concrete walk as well as landscaping to his property. The Agent explained that the house was previously approved on the property and that the new requests would only create a small amount of additional disturbance on the property. The Agent did ask that the mitigation not be clustered too tightly and be spread out between the limit of work and the Childs River and that the mulching only take place around the flowers. The Agent asked Mr. Govoni to only use the natural mulch and not any of the dyed products, Mr. Govoni agreed. The Commission asked about the fence and what its purpose is. The Agent and Mr. Govoni stated that there is an existing picket fence and
that the extension will provide more of a privacy barrier. The Agent explained that the project does meet the performance standards and recommended approval. Commissioner Fitzsimmons questioned the use of concrete and run off issues. The Agent explained that the original order did not state that it had to be pervious and that run off in the area is negligible.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions.
7:33 p.m. Scott Taylor, NOI – 139 Popponesset Island Rd
(Reconstruction and maintenance in perpetuity of an existing licensed timber pier with ramp)
A representative from Holmes and McGrath stood to represent the applicant. He explained that the hearing was previously continued to check for the existence of papers proving grandfathering or alteration of the plan was to take place. The representative explained that the paperwork had been provided to Conservation that the deck was permitted in 1993 and predates the 2000 regulations. The Agent explained that it is indeed grandfathered according to the documentation provided and can remain the size applied for. The Agent recommended to close and issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:36 p.m. Carol Kelley, AOC – 174 Captains Row
(Construct deck and patio)(Continued from 09/04/2008)
Stephen Lake from Bennett Engineering stood to represent the applicant. Mr. Lake explained that the hearing was previously continued so that there could be an onsite and some other items could be clarified. Mr. Lake explained that he had met with the Conservation Agent on the property and mitigation was discussed along with other details of the plan. Mr. Lake explained that the project will include mitigation within and outside the work limit. Mr. Lake explained that the patio will be constructed of pervious concrete paving blocks and will be 14’ x 12’. The Agent explained that he had met onsite with Mr. Lake and that the only additional thing he would like to see added is hay bales in front of the fencing that is continuously failing. The Agent recommended approval of the amended order with the condition that the hay bales be
installed.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions.
7:39 p.m. Town of Mashpee Public Works Department, RDA – Old Barnstable Rd.
(Resurfacing and add drainage structures)
Catherine Laurent of the Mashpee D.P.W stood to describe the project. Ms. Laurent explained that what is being proposed is to resurface Old Barnstable Rd. and to put in drainage as no drainage currently exists. Ms. Laurent explained that the drainage structures will consist of two catch basins one on either side of the road. Ms. Laurent explained that the project will be completed in approximately two weeks, and the road will still be open but down to one lane. The Agent explained that it is well within the 50 feet of the Quashnet River. The Agent stated that he feels it will improve the area and will create no additional disturbances. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:42 p.m. Cornelius and Maureen Ferris, NOI – 38 Seconsett Point Rd
(Demolish and rebuild a new single family home and foundation, upgrade utilities, plant disturbed areas, and perform mitigation plantings with associated appurtenances.)
It was read for the record that the applicants had requested a two week continuance until 10/02/2008 @ 7:12 p.m.
Motion made, seconded and unanimously carried for a Continuance until 10/02/2008 @ 7:12 p.m.
7:45 Evan and Susan Dangel, AOC – 762 Cotuit Rd
(Allow the bump out to have a foundation underneath and remove words on Special Condition #30)
John Slavinsky of Cape and Islands Engineering stood to represent the applicants. Mr. Slavinsky explained that the applicants were requesting to allow the bump out that was originally approved to have a foundation beneath it. Mr. Slavinsky explained that the bump out will actually be smaller than proposed originally. The Agent and Assistant Agent stated that they had no issues with the amendment and recommended approval.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions as stated.
Meeting adjourned at 8:27 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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