Mashpee Conservation Commission
Minutes of August 7, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons, Jeffrey Cross, Cass Costa, Lloyd Allen, John Rogers and Len Pinaud (Also present Paul Smalley and Robert Anderson)
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
Public Comment:
1) Mr. Bill Marteiro stood to address the Commission. Mr. Marteiro explained that his residence abuts John’s Pond. Commissioner Fitzsimmons interjected to say that no comments would be heard on the Quashnet Bogs. Commissioner Fitzsimmons addressed the audience to say that only new issues would be heard in the public comment period, as there was already a public hearing on the bogs. Mr. Joe Bank stood to ask when a vote would take placed regarding the bogs, as he had received an email stating it would be this evening. Commissioner Fitzsimmons stated that the Commission was trying to move this along but that he could not guarantee a vote this evening.
Post Hearing Agenda:
1) Administrative Approval SE 43-2472: 12 Quinapen Rd
(Concrete walkway only – AOC to follow for additional changes)
The Agent explained that Ed Govoni had approached him about some changes to the original plan for this property. The Agent stated that there were several different items and that he had requested Mr. Govoni file them as an Amended Order of Conditions due to the volume and amount of items. The Agent explained that the Amended Order would contain all of the items except the concrete walkway. The Agent explained that Mr. Govoni had asked him if the walkway could be handled administratively due to need. The Agent explained that the walkway will be going over exposed soil and that the soil is being tracked into the dwelling as it is built.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2472.
2) Approval of Minutes from 06/26/2008 and 07/10/2008.
Motion made, seconded and unanimously carried to Approve the Minutes of 06/26/2008 and 07/10/2008.
3) Stewardship Program
The Commission asked for an update on the Stewardship Program progress. The Agent explained that the observation sheets have begun trickling in and that he is working to compile all of the data. The Agent explained that he has asked Tom Mayo for G.P.S units so they can better map boundaries and the land itself. The Agent also explained that they were in the process of reshuffling some parcels and ridding the maps of inaccessible areas. The Agent also stated that he was trying to work with the coordinators to break large parcels into sections as to avoid overlap. The Agent explained that they will be rebuilding the stairway at the Mashpee River Woodlands very soon as well as installing signage to inform visitors of Conservation guidelines.
4) C.O.C/Violation Notice – 79 Pickerel Cove
The Assistant Agent addressed the audience to see if anyone was present to address the COC Request/Violation Notice. No one came forth. The Assistant Agent explained that she did request the property owner’s presence at the hearing via letter as decided last hearing. The Agent and Assistant Agent also explained that Perry Ellis did request that the 10A floats be removed immediately and that they can’t be stored on the bank.
Hearing Agenda
7:00 p.m. David Rose, RDA – 184 Rock Landing Road
(After – the – fact shed installation)
No representation came forth for the applicant so the Commission requested a continuance on behalf of the applicant. Commissioner Cross stated that he did not like continuances on after the facts especially and thought that the applicant should be allowed only one more as to not set a precedence for others. The Agent agreed and stated that he would speak to the applicant and the contractor and explain that they must be present as Conservation does not represent the applicant at their hearing.
Motion made, seconded and unanimously carried for a continuance until 08/21/2008 @ 7:24 p.m.
7:03 p.m. Jeff Murad, NOI – 19 Keel Way (Ellen Murad Realty Trust)
(Vista pruning with maintenance in perpetuity)(Cass Costa recuses herself)
Wayne Tavares stood to represent the applicant. Mr. Tavares explained that he had a letter to read and submit to the Commission. Mr. Tavares read the letter for the record and in it stated that the applicant wishes for a continuance as they are still awaiting comments from both Natural Heritage and Massachusetts Fish and Wildlife. Mr. Tavares did ask that the past filing for the property be looked at in conjunction with this filing for background on the “waterway” near the property. He is disputing the “riverfront” designation from the previous filing. Commissioner Cross asked Mr. Tavares if he knew the tidal flow figures from in front of the property, Commissioner Fitzsimmons asked that the matter be discussed at the continuance. Mr. Tavares agreed and stated he would have the figures for the Commission. Mr. Tavares
did request that the continuance be made for a month as to allow time for the comments to come back.
Motion made, seconded and unanimously carried for a continuance until 09/04/2008 @ 7:06 p.m.
7:06 p.m. Elizabeth Fulton, AOC – 5 Point Rd
(Changes to landscape plan)
Wayne Tavares stood to represent the applicant. Mr. Tavares described the applicants wish to modify the previously approved landscape plan. Mr. Tavares explained that there would be some structural changes as well with the previously proposed cribbing steps. Mr. Tavares explained that the sand in the area precludes the previous proposal. Mr. Tavares stated that instead of the steps there would be retaining walls added. Mr. Tavares explained that the landscape configurations would be altered, the Commission questioned the plan of record. The Agent explained that the plan of record does not have all of the changes listed and that he had discussed the plan with Mr. Tavares. The Agent explained to the Commission that the application could be approved pending receipt of a new plan of record. The Commission also questioned the lack of number of
plants on the original plan. The Commission asked that the new plan also include number of mitigation plantings as well as type. Commissioner Cross asked that a blue stone listed on the plan be moved further back from the coastal bank. Mr. Tavares agreed that the blue stone could be moved back. The Commission and Agent agreed that the hearing should be continued until a new plan can be provided. Mr. Tavares agreed and stated that he would create and provide a new plan for the record that accurately lists the changes and includes landscape plant count. The Agent asked Mr. Tavares if the erosion controls had been replaced, Mr. Tavares stated that he had and he had sent the photos via email to the Agent.
Motion made, seconded and unanimously carried for a continuance until 08/21/2008 @ 7:27 p.m.
7:09 p.m. George and Nike Mandalos, A0C – 22 Cross Tree Way
(Changes to landscape plan)(Cass Costa recuses herself)
Wayne Tavares stood to represent the applicants. Mr. Tavares described the applicants wish to change their previously approved landscape plan. Mr. Tavares explained that the landscape changes were to remove the overgrown nuisance species and removal of three trees. Mr. Tavares explained that the new landscape plan would also include adding a shrub layer and reseeding the lawn in the area. Mr. Tavares also explained that the existing pedestrian way would be reinforced but there would be no major topographical changes. The Agent questioned the driveway and whether it would stay pervious gravel when extended; Mr. Tavares stated that it would remain gravel with a concrete apron. The Assistant Agent asked that hay bales and silt fence be added for erosion controls at the limit of work. The Agent also asked the D.E.P number be reposted as it looks
to have fallen down on the site. Mr. Tavares agreed to both the erosion controls and to repost the D.E.P as soon as possible.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions pending that hay bales and silt fence be added for erosion controls at the limit of work.
7:12 p.m. Michael Welch, AOC – 277 Monomoscoy Rd
(Changes to landscape plan)
The applicant requested a two week continuance until 08/21/2008 @ 7:12 p.m.
Motion made, seconded and unanimously carried for a continuance until 08/21/2008 @ 7:12 p.m.
7:15 p.m. Deryk Eynon, RDA – 17 Fairneny Way
(Demolish and reconstruct a deck)
Deryk Eynon stood to represent himself and explained that he had demolished his deck as it was unsafe and would like permission to rebuild it within the same footprint and on the same sono tubes. Mr. Eynon did explain that he would like to cantilever it out two feet to increase the size. The Assistant Agent asked that erosion controls be installed at the limit of work. Mr. Eynon asked what type of controls to install; the Agent explained that a silt fence staked and toed in would be fine. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination pending a silt fence be staked and toed in.
7:18 p.m. David Keene, AOC – 63 James Circle
(Add 30 ft to the work limit, 30 ft to the wall on one side, eliminate wood stairs and replace with same materials as wall)
Mike Cannata stood to represent the applicant. Mr. Cannata described the applicants wish to extend the previously approved wall an additional 30 feet and replace an existing unsafe staircase. Mr. Cannata also explained that the applicant would like to remove the sluiceway currently on the property near the stairway. The Agent and Commission questioned what trees would be removed to accomplish the new changes. Mr. Cannata explained that some trees would need to be removed to extend the wall; the Commission stated that they were not listed on the plan. Mr. Cannata agreed and stated that they can be added to the plan; the Commission also requested the quantities of plants for the mitigation be added to the plan. The Agent also requested the drain pipe leading to the sluiceway be removed as soon as possible. Mr. Cannata explained that the pipe
would be removed and stuffed into a drywell. The Commission stated that they felt a continuance was in order so that a new plan could be provided. Mr. Cannata agreed and asked for a two week continuance. The Agent agreed and also let Mr. Cannata know that the project can be approved in the future but that the applicant has outstanding property taxes that need to be paid before any work can begin. Mr. Cannata stated that he would relay the message to the applicant.
Motion made, seconded and unanimously carried for a continuance until 08/21/2008 @ 7:30 p.m.
7:21 p.m. Susan Williams, RDA – 262 Monomoscoy Rd
(Demolish and rebuild deck within same footprint)
Susan Williams stood to represent herself on her application. Ms. Williams described her wish to demolish and rebuild her existing deck. Ms. Williams explained that the deck is falling apart and that it is really unsafe and none of the contractors she had come out to give her an estimate would even go on the deck due to its instability. Ms. Williams stated that she will be rebuilding in the same footprint/ sono tubes but wants to cantilever out two feet to gain some more space. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:24 Bayswater Development LLC, AOC – 30 Flat Pond Circle
(Vista pruning with maintenance in perpetuity and relocation of proposed house)
(Cass Costa recuses herself)
Tom Jalowy stood to represent the applicant. Mr. Jalowy described the applicants wish to be allowed to do some vista pruning with maintenance in perpetuity. Mr. Jalowy also explained that the applicant wishes to add to the plant variety in the area, which will increase the wildlife habitat value as well. The Agent recommended approval and stated that he would meet with the contractor before/during and after the vista pruning is completed and that the pruning would take place in the November to March vista pruning timeframe.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions.
7:27 p.m. Robert Santos, RDA – 29 Timberlane Drive
(After – the – fact stairs with retaining wall)
Robert Santos stood to represent himself on the application. Mr. Santos explained that his stairs had washed out and were unsafe. Mr. Santos explained that he had replaced the stairs in the same footprint. The Agent explained that it was within the 50-foot buffer to inland bank and that he saw no problem with the stairs. The Agent explained that the hearing was purely to bring it back into compliance. The Commission questioned whether the applicant should provide mitigation plantings for the stairs. The Agent explained that there were plantings done and that more mitigation is not necessary for the application.
Motion made, seconded and unanimously carried for a Negative Determination.
7:30 p.m. Paul Valentine, RDA – Wakeby Pond
(Continued from 07/24/2008)(Replace existing seasonal dock structure)
The applicant requested a two-week continuance until 08/21/2008 @ 7:21 p.m. The Agent explained that the applicant is awaiting comments from Natural Heritage.
Motion made, seconded and unanimously carried until 08/21/2008 @ 7:21 p.m.
7:33 p.m. Evan Dangel, NOI – 762 Cotuit Rd
(Continued from 07/24/2008)(Demolish and rebuild new single family home with decks, driveway, landscaping, embankment restoration, stairway replacement and associated appurtenances)
John Slavinsky stood to represent the applicant. Mr. Slavinsky explained that the hearing was previously continued until Natural Heritage comments could be received and until an issue with tree removal could be handled. Mr. Slavinsky explained that the Natural Heritage comments were received and that they okayed the application. Mr. Slavinsky also explained that the trees on the bank were staying and that only a few limbs would be removed from a beech tree. The Assistant Agent questioned two pine trees marked for removal on the plan; Mr. Slavinsky stated that those would still be removed and that they were outside the trees questioned previously. The Commission questioned the setback of the house; Mr. Slavinsky stated that he had explained at the last hearing that due to grade changes the house could not be moved back any
farther. The Commission questioned whether the bump out could be moved so the house could be set back. Mr. Slavinsky offered to cantilever the bump out, thereby moving the foundation back. Mr. Slavinsky stated that moving the house back was considered but that he felt the house was located in the best possible location. The Agent explained that he had asked Mr. Slavinsky to provide both a construction methodology for the house as well as a narrative on the resource area and performance standards adherence for the application. The Agent stated that he recommended approval pending receipt of the narratives and methodology.
Motion made, seconded and unanimously carried to Close and Issue pending receipt of the construction methodology and narratives on the resource area and performance standard adherence.
7:36 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)(Cass Costa recuses herself)
The applicants requested a continuance. The Agent explained that the applicants are awaiting both a D.E.P number and comments from Natural Heritage. The Commission and Agent agreed that a month’s continuance was probably in order to give enough time to get the information back.
Motion made, seconded and unanimously carried for a continuance until 09/04/2008 @ 7:09 p.m.
7:39 p.m. Bob Dobson, RDA – 11 Squaw’s Lane
(Build a 12’ x 18’ storage shed)
Brian Warburton from Salt N’ Spray Sheds stood to represent the applicant. Mr. Warburton described the applicants wish to build a 12’ x 18’ shed on concrete and sono tubes. Mr. Warburton explained that the shed would be located in the staked area on the property and that neither trees nor vegetation would be removed as the area is currently only lawn. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:42 p.m. Dan Leblanc, RDA – 9 Tuspaquin Rd
(Construct and maintain a block wall with steps)
The Agent explained that the applicant had withdrawn the application.
End of Normal Agenda
Comment Period – Quashnet Bogs
Commissioner Fitzsimmons explained that the Commission would now have their planned discussion on the Quashnet Bogs and its future. Mr. Michael Forde stood to address the Commission and call a point of order. Commissioner Fitzsimmons reiterated that there would be no public discussion on the bogs as the public hearing was had last month. The Agent also stated that the public hearing was had and parties had ample time to state their cases. The Agent explained that he had sent out an email that if anyone had any comments for the Commission that they be submitted in writing to him prior to this evening, The Agent explained that he had not received any comments and that the public hearing comments were acknowledged and heard by the Commission. Mr. Forde tried to call Robert’s rules and was again told that no comments would be heard. Mr.
Forde stated that he did not want to comment but asked that the matter be put to vote this evening. Commissioner Fitzsimmons reiterated that he could not guarantee a vote. Commissioner Fitzsimmons recapped all the information sources they had heard from the Division of Fish and Wildlife, consultants from the Cranberry Growers, a grower themselves and the residents of John’s Pond. Commissioner Fitzsimmons explained that the Commission did not have to make a decision this evening and that he asked that all information be considered. Commissioner Fitzsimmons stated that he wished to go around and get opinions Commissioner Fitzsimmons asked Commissioner Costa to start, she deferred to Commissioner Allen. Commissioner Allen stated that while he understood the issues raised by the John’s Pond residents he feels that the water levels are not the primary concern of the Commission. Commissioner Allen pointed out that according to Organic Cranberries create very little
water level issues. Commissioner Allen also addressed the boating safety issues raised last hearing and said that he felt that the residents and Pond users should consider the water levels when boating and slow down when in those areas. Commissioner Cross stated that regardless of what happened this evening he would like the board issue raised by the John’s Pond residents addressed, he suggested locking the boards in place. The Agent explained that the boards would be addressed either way and that he and Perry Ellis were already working on a plan. Commissioner Fitzsimmons asked Commissioner Rogers if he had any input, Commissioner Rogers stated that he did not have any input at this time. Commissioner Costa stated that she would like something stipulated about the boards as well. Commissioner Cross addressed the audience and stated that he empathizes with the homeowners and wants them to know that the Commission is trying to make a decision with everyone’s best interest
in mind. The Agent asked Commissioner Fitzsimmons if Commissioner Pinaud could join the table and the discussion. The Commission all agreed and Len Pinaud took his seat at the table. Commissioner Fitzsimmons stated that he would like to see a R.F.P sent out to see what kind of response they get back. Commissioner Fitzsimmons explained that if the decision is between cranberries and trout the information they get back may rule out cranberries if it is not a monetarily beneficial idea. Commissioner Fitzsimmons pointed to Falmouth’s deal and the lack of monetary reward for the town; he stated that he felt the deal in Falmouth was done to keep the bogs neighbors happy. Commissioner Cross stated that he did not understand it was purely a Commission decision and that the Town will have no oversight or input. Assistant Commissioner Anderson asked if they could receive non-binding bids from growers to see what is out there and if there can be an analysis presented of the pros
and cons of the information previously presented. Commissioner Pined stated that he liked that idea and asked if they had to make a decision this evening, Commissioner Fitzsimmons explained that they were not bound to make a decision this evening. Assistant Commissioner Smalley asked what type of stipulations would be added to the R.F.P (Request for Proposal). The Agent explained that stipulations would be added but that the growers would not be responsible for the river restoration. The Commission asked for economic data and past figures. The Agent explained that he could provide this data and could provide the Commission with a previous R.F.P. Commissioner Fitzsimmons stated that they had received lots of information and perhaps with the R.F.P information as well could formulate a pro and con list. Commissioner Allen called a motion to vote to collect R.F.P.s to determine what income the bogs could potentially generate. This information could be used to determine the best course
of action. The Agent asked that the Garner Farley Bog be added as well so he can send out the R.F.P on it at the same time. Motion made, seconded and unanimously carried to go forward with a R.F.P. series. Commissioner Fitzsimmons thanked everyone for coming and stated that the Commission is truly concerned with making the right decision.
Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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