Mashpee Conservation Commission
Minutes of July 10, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons, Ralph Shaw, Cass Costa, Lloyd Allen and Robert Anderson
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) Open Space Plan draft – Tom Fudala
Tom Fudala stood to address the Commission. Mr. Fudala explained that he needs to send a draft of the Open Space plan to the State. He mentioned that it is only a draft and that the State will be looking for more information such as handicap access. Mr. Fudala mentioned that the plan needs to be sent to be eligible for grant/state money. He asked for a vote to okay sending the draft to the State.
Motion made, seconded and unanimously carried to Approve Sending the draft to the State.
2) Meetinghouse Property – Tom Fudala
Tom Fudala stood to address the Commission. Mr. Fudala explained that he wanted to update the Commission on the Meetinghouse Property. Mr. Fudala explained that the appraisal of the property had gone down to $160,000 and the price was reduced to $170,000. Mr. Fudala explained that with grant money they would receive 52% of the $160,000 or about $82,000. Tom also mentioned that he had received calls about the Boy Scout building and that the need of repair should be addressed.
3) Administrative Approval SE 43-2172: Popponessett Beach Association
The Agent explained that the Popponessett Beach Association was looking to remove seaweed from their beach using new methodology. The Agent turned the floor over to Christine Fairneny member of the Popponessett Beach Associations Board of Directors and Beach Committee. Ms. Fairneny explained that the P.B.A has held a permit for 6 years for seaweed removal on the property, and after 3 years they were granted maintenance in perpetuity for the removal. She explained that they normally drive trucks down to the beach to remove the seaweed but that due to the beach nourishment project done in May the truck access road has been narrowed. Ms. Fairneny stated that the trucks would now have to drive on the bank and risk compromising it to get in to remove the seaweed. Ms. Fairneny explained that the P.B.A would like to be able to try
and remove the seaweed via the water with a Boston Whaler and net. Barry Johnson stood to explain the new methodology. Mr. Johnson explained that the Boston Whaler would be equipped with a 2 ft. deep net with floaters, weights and would be approximately 25-40 ft. long. He explained that the Boston Whaler would approach from the West. Mr. Johnson explained that the net would be a grab net with a boat hook and would be walked in under the seaweed, towed approximately 50 yards off shore and released back into the current. The Commissioners questioned where the release would be carried by the current and if the abutters had been contacted, in particular the Save Popponessett Bay Association. The Agent asked if the current does take it to the Save the Popponessett Bay beach if Ms. Fairneny can get permission to remove it. Ms. Fairneny stated that she had been unable to get in contact with the S.P.B.A but that they would seek permission before any removal would take place. Ms. Fairneny
acknowledged that it depends on the current as to where the seaweed ends up. She also stated that the Beach Committee had discussed towing it to one of their beaches and removing it by truck from there. The Agent explained that he had spoken to Rick York and Perry Ellis and that they were both curious about the approach. The Agent explained that Rick York had suggested doing it at high tide and has some concerns about the power of the Boston Whaler. Mr. Johnson stated that the Boston Whaler is 17’ long and has 90 horsepower. The Agent mentioned that Mr. York and Mr. Ellis would like to be notified prior to the start of the removal to monitor its effects. The Commissioners asked that Save Popponessett Bay be contacted about their thoughts on the possible drift of seaweed in their direction. Ms. Fairneny asked if there could be any decision at this hearing. The Agent asked that it be left up to him. The Agent would make sure the S.P.B.A was notified and confirm that it is
okay with them prior to starting and that a trial run would be allowed.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2172
pending notification to Save Popponessett Bay Association and confirmation with the Agent
that on a trial basis will be allowed.
4) Quashnet Bog – Cranberry Information: Jeffrey LaFleur of Cape Cod Cranberry Association
USDA design assistance
Wildlife Habitat – Enhance fish run, plant shade trees
Equip. program – Cost share, incentives
He does not represent the USDA
Record amount of funding
Regional Equity – Subsidies to underserved states like MA (New England)
WHIP program – 1.2 million for grass burning, salt marsh restoration
$$ based on environmental value – ranked by criteria , one time payment
Maintenance of bogs falls on the Town, can create management issues
Determine type to guess at yields, turnaround time on profits
USDA can be available to inspect sites if there is a contract period
Marketability of berries with buyers, has spoken with and the perception has changed
Commissioner Fitzsimmons asked “speakers” view on the new bill on cranberries historic/ cultural value – Speaker said he had written it and wants to get Cape Cod Cranberry designation for areas like Concord Grape designation.
W.R.P looks like good option – “speaker” would help with contacts at USDA, any other information he could provide
Cranberry refuse is being looked into for biofuel, as well as algae being grown in the tubes from cranberry bogs to use as fuel
“Speaker” leaves cranberry production guides for resource, office use as well as Pembroke project press release.
Hearing Agenda
7:00 p.m. Dan Ayer, RDA – 11 Oneida Ave
(Construct a 3-season room, deck and relocate shed)
Jack Vaccaro of Vaccaro Environmental Consulting stood to represent the applicant. Mr. Vaccaro explained that the applicant wish is to construct a 3-season sunroom in the location of a current brick patio. Mr. Vaccaro explained that the applicant also wishes to add a deck onto the sunroom and that a shed on the property built by the previous owners needs to be moved. He further explained that the deck needs to be relocated as it is over the property line in that area. Mr. Vaccaro explained that the shed would be relocated to alongside the driveway. Mr. Vaccaro described the property for the Commission citing that it is adjacent to a kettle pond and therefore has steep inland banks and is located near wetlands as well. The Agent asked that erosion controls be put in place where the 3-season room would be located and questioned if there was
another location the shed could be placed. Mr. Vaccaro explained that other spots were looked at but the yard has only one other flat area and they wanted to leave that for the applicants children. The Agent asked if the shed would still go over the inland bank, Mr. Vaccaro stated that there is a large drop off in that area and it would no longer go over the inland bank.
Motion made, seconded and unanimously carried for a Negative Determination.
7:03 p.m. 260 Heath Street Realty Trust, AOC – 16 Popponessett Island Road
(To maintain in perpetuity the pier, ramp and float) (Cass Costa recuses herself)
(Asst. Commissioner Robert Anderson is appointed to vote by Commissioner Fitzsimmons)
Stan Hyde stood to represent the applicants. The Agent explained that applicants had been before the Commission previously to install the pier, ramp and float but had not included maintenance and perpetuity in the application. The Agent also explained that he had spoken with Mr. Hyde and explained that any repair over 10% or larger than just replacing boards and general maintenance would require another filing.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions.
7:06 p.m. Evan and Susan Dangel, NOI – 762 Cotuit Road
(Continued from 06/26/2008)(Demolish and rebuild new single family home with decks, driveway, landscaping, embankment restoration, stairway replacement and associated appurtenances)
John Slavinsky of Cape and Islands Engineering stood to represent the applicants. Mr. Slavinsky explained that the applicants originally were unsure as to whether they would remodel or rebuild the house at the northern end of Mashpee Wakeby pond. Mr. Slavinsky explained that they had decided on the rebuild and that the house be setback further on the property, the current house sits 19’ from the BVW line and the new plan has it sitting 25’ from the BVW line. Mr. Slavinsky explained that they would be removing a stairwell and replacing it with an elevated stairway in the same location. Mr. Slavinsky explained that the septic is being inspected but that it is a fairly new system; Commissioner Fitzsimmons read a letter from the Board of Health that the application is on file. Michael Talbot of Michael Talbot and Associates stood to
explain the mitigation plan including the use of rain gardens to help control run off. Mr. Talbot explained that the property is currently mostly a wooded lot with turf and trees with severe defects. Mr. Talbot explained that the plan calls for the removal of the defective trees and revegetation of the area. Mr. Talbot also explained that the leaves pile will be removed from the beach and that area will be restored. The Agent explained that he was contacted by the Zoning Board of Appeals and that they had asked that the setbacks be questioned. The Agent stated that he had also questioned the setbacks and wondered why the house could not be moved any further back from the BVW line. The Agent questioned whether all the tagged trees would have to be removed if the house was moved farther back. Mr. Talbot explained that even if the house is moved back that the trees should be removed due to cavities at their bases, and the trees could pose a danger to the house in a storm. The Agent
asked if other locations had been explored and stated that he felt the bank would be compromised in the construction in its proposed location. The representatives stated that they were taking into consideration the effect and that is why more mitigation was proposed. The Agent stated that he would be happy to go on site with Mr. Slavinsky and explore other options. The representatives asked for a two-week continuance. The Agent informed Mr. Slavinsky that the applicants would be receiving a violation notice on their dock, as it is unpermitted.
Motion made, seconded and unanimously carried for a continuance until 07/24/2008 @ 7:12 p.m.
7:09 p.m. David Rose, NOI – 184 Rock Landing Road
(Continued from 06/26/2008)(Remove railroad ties, new patio and rock wall in same footprint and landscaping)
Brian Casey stood to represent the applicant. Mr. Casey explained that the applicant has five small projects that make up this application. Mr. Casey explained that the first consisted of removal of some invasive hedges. Mr. Casey explained that the second project of the application is to remove a plywood wall and replace it with a rock wall. Mr. Casey explained that the third project is to create a turnaround driveway to ease entry onto the main road. Mr. Casey explained that the new section of driveway would be blended into the old and that the space for it is already cut in for the most part. The fourth project Mr. Casey explained is to remove the old creosote railroad ties and within the same footprint construct a new rock wall. The last project Mr. Casey explained would be replacing the current stone patio with a broken blue stone patio
and remove an oak tree that is close to the house in that area. Mr. Casey explained that the application also includes installing a pervious walkway to deck and removal of the invasives on the property, replacing them with Eastern Red Cedars and Inkberry. Elizabeth mentioned that the wetland site was not delineated and that it should be for all future filings. Also, a shed, present at the property at the water’s edge, had no Concom permit and would need to be permitted. The Commission voted to approve the permit but requires the applicant to file an RDA for the shed.
Motion made, seconded and unanimously carried to Close and Issue.
7:12 p.m. Joseph and Jean Gennaco, RDA – 108 Uncle Percy’s Road
(Construct a new addition, relocate existing septic, remove front deck and replace with stone patio, and landscaping.)(Continued from 06/26/2008)
Motion made, seconded and unanimously carried for a Negative Determination.
7:15 p.m. Peter Costill, NOI - 37 Monomoscoy Rd West
(Continued 06/26/2008)(Boathouse, ramp, deck)
John Slavinsky of Cape and Island Engineering stood to represent the applicant and requested a two-week continuance.
Motion made, seconded and unanimously carried for a continuance until 07/24/2008 @ 7:00 p.m.
7:18 p.m. Robert White, O’Leary Family Trust, NOI – 15 Tuspaquin Road
(Seasonal pier and float with maintenance in perpetuity)(Continued from 06/26/2008)
Voted to approve seasonal float on rock revetment wall. Applicant must file for permit for patio built on beach.
Motion made, seconded and unanimously carried to Close and Issue.
7:21 p.m. Robert and Nancy Farrelly, AOC – 25 Wading Place Rd
(Removal of Special Condition #20 of the Order of Conditions)(Cass Costa recuses herself)
Tara Marden, Woods Hole Group, asked that the request for an amended order be withdrawn.
Motion made, seconded and unanimously carried to Withdraw the Amended Order.
7:27 p.m. Robert and Nancy Farrelly, AOC – 31 Starboard Lane
(Amend the beach nourishment requirements) (Cass Costa recuses herself)
Tara Marden, Woods Hole Group, asked that the request for an amended order be withdrawn.
Motion made, seconded and unanimously carried to Withdraw the Amended Order.
7:30 p.m. Martin and Jacqueline Shaeval, AOC SE 43-2436 – 126 Shore Drive West
(Changes to beach nourishment requirements with maintenance in perpetuity)
Tara Marden, Woods Hole Group, requested Order of Conditions be amended for periodic nourishment and post-storm nourishment with maintenance in perpetuity.
Motion made, seconded and unanimously carried to Amend the Orders of Condition.
7:33 p.m. Marie and Peter Brumme, NOI – 130 Shore Drive West
(Beach nourishment requirements with maintenance in perpetuity)
Tara Marden, Woods Hold Group, represented applicants. The applicants are requesting beach nourishment with maintenance in perpetuity.
Motion made, seconded and unanimously carried to Close and Issue pending DEP.
7:36 p.m. Linda Isner, NOI – 128 Shore Drive West
(Beach nourishment requirements and vista pruning with maintenance in perpetuity)
Tara Marden, Woods Hole Group, represented applicants. The applicants are requesting beach nourishment with maintenance in perpetuity.
Motion made, seconded and unanimously carried to Close and Issue pending DEP.
7:39 p.m. Peninsula Council, RDA – 4 Fells Circle
(Remove dead limbs on path leading to beach and replenish beach sand on beach area that has eroded) (Jack Fitzsimmons recuses himself).
The representative requested permission to remove dead limbs and replenish beach sand.
Motion made, seconded and unanimously carried for a Negative Determination.
Meeting adjourned at 9:00 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
| 
