Mashpee Conservation Commission
Minutes of June 12, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons, Ralph Shaw, Jeff Cross, Lloyd Allen, John Rogers and Len Pinaud
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) Alfred White of the Save Popponessett Bay Association stood to address the Commission. Mr. White explained that the Association is seeking permission to install symbolic fencing around the spit on Popponessett Bay. The fencing would help protect the dune grass; he explained that they would also like permission to erect a few signs on the property. Mr. White stated that the signage would state rules for the area as well as a sign about no swimming in the channel. The Agent explained that they had asked that the Conservation department name be on the sign to carry more authority but they would leave it off if the Commission opposed the use of the name. The Agent explained that he did not feel the fencing warranted an RDA, as it will consist of some wooden stakes and rope, it would also be in the
buffer area. The Agent further explained that the fencing would match what already exists in the area installed by the Massachusetts Audubon Society. The Commissioners questioned the location of the fencing and asked that it be marked on a plan and if possible at the site. The Commissioners explained that they want to make sure the location is on the Association’s land and not someone else’s due to pending litigation in the area over property lines. Mr. White agreed to ascertain the property lines and bring a plan to the next hearing on June 26, 2008.
Post Hearing Agenda:
1) Administrative Approval SE 43-2500: Keelan Way
The Agent explained that this project was previously approved for two foundations and new homes to be built on the property. The Agent explained that the applicants are now requesting removal of a large Black Oak tree. The tree sits perilously close to where the house will stand and needs to be removed. The Commission asked if mitigation would be included with the removal of the tree. The Agent explained that he could add mitigation in to the project as part of the landscape plan.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2500.
2) Trust of the Cotuit Bay Condominium - 418 Quinaquisset Ave
(Continued indefinitely May 29, 2008)
The Agent explained that he had been in touch with the representatives from the Trust of the Cotuit Bay Condominiums and that they had set a date for the continuance but that it needed to be approved by the Commission. The date that was chosen was 09/04/2008 @ 7:03 p.m. The Agent explained as an aside that there will be no more indefinite continuances, all applicants will have to establish a date so that the public receives proper notification and can prepare if need be to present against the application.
Motion made, seconded and unanimously carried for a Continuance until 09/04/2008 @ 7:03
p.m.
3) Approve Meeting Minutes from 05/15/2008.
Motion made, seconded and unanimously carried to approve the minutes of 05/15/2008.
4) Quashnet Bog Vote -
Commissioner Fitzsimmons addressed those in attendance and stated that there would be no discussion on the Quashnet Bogs this evening. He apologized to those who had come to hear the discussion or to speak on the matter. He explained that the Commission would be meeting with various Town departments later in the month and it may be discussed at the next hearing on June 26, 2008.
5) Sloan/ Wheatley Run Off Issue –
The Agent explained that he was looking for some advice regarding the Sloan/ Wheatley runoff issue. The department was originally contacted back when the issue was over Mrs. Wheatley’s dock. Mr. Sloan after the dock issue had re-graded his driveway and planted some cedars. Mrs. Wheatley is claiming that it is causing a soil runoff issue. The Agent questioned what enforcement tactics may be available. The Agent asked if the Conservation Department had run into this before. The Commission agreed that it appears to be an issue for land court. Commissioner Pinaud asked the Agent if Mrs. Wheatley could do anything inexpensive on her property to correct the issue. The Agent said he could look into that option and stated that he would readdress it with Mr. Sloan as well. He also stated that he would
keep the Commission updated on the situation.
6) Dog Park Proposal – Catherine Laurent (DPW) / Tom Mayo
The Agent explained that he was approached by Catherine Laurent of the DPW regarding the creation of a dog park. The owner of Hot Diggity Dog of Mashpee Commons approached Catherine. The Agent explained that the idea was that the dog owners would raise the money to build it. The idea is that the park would be self policed and kept clean by owners as well. The Commission asked what parcel the park creators were looking for. The Agent stated that they had mentioned the John’s Pond parcel and were just looking to see if the Commission would be open to such an idea. The Commission stated that the Commission would certainly hear the proposal but would want more specifics. The Agent explained that he would reiterate the information to the appropriate parties to go forward.
7) Wetlands and Habitat Protection Concepts – Tom Fudala
The Agent explained that he had distributed copies of the Wetlands and Habitat Protection Concepts that Tom Fudala created. He asked that the Commissioners read the information; it contains many ideas about expanding Conservation jurisdiction.
8) Meeting – June 20, 2008
Commissioner Fitzsimmons asked Commissioner Cross if he would be attending the June 20th meeting with the Selectman and Town Officials. He stated that he would be in attendance; Commissioner Pinaud asked if there need to be any more Commissioners in attendance. The Agent stated that three Commissioners were enough and that there must not be a quorum. Commissioner Pinaud asked if the Commission would be opening the decision up to the public at all in any kind of forum. The Agent and Commissioners agreed that would be a good idea. The Commission decided that they would look into ways to do that after a position on the subject has been decided by the Commission and after the meetings with the Town.
Hearing Agenda
7:00 p.m. Christopher Joe, RDA - 43 Monahansett Rd (Landscaping)
Christopher Joe stood to describe his request. Mr. Joe explained that he had put an addition on his house but had failed to address the run off issue created by it. Mr. Joe stated that his gutters were running off into the wetlands and that the Agent had stated that the practice was not recommended and asked Mr. Joe to seek alternatives. Mr. Joe explained that he did find an alternative and was looking to get approval for two – 50 gallon drums/ water bottles (called the New Englander) to handle the gutter run off. The gutters would run under the house into the drums and the water could be reused for plant watering or filling the pool on the property. Mr. Joe further explained that the bottles are equipped to screen material out of the water and that the blue color of the bottles keeps the water from spoiling. The Agent explained
to the Commission that this was an After the Fact RDA as Mr. Joe had dug out his backyard and put in place three drainage pipes to pipe the run off to the wetlands. The Agent stated that the pipes needed to be removed as part of this RDA and would be conditioned in the approval. Mr. Joe agreed that the pipes would be removed, as they are no longer necessary. Mr. Joe also explained that as part of this filing he was looking to get some landscaping approved. Mr. Joe stated that he was looking to replace the lawn and put in the area about 10 yards of sand/fill. Mr. Joe explained that he intends to use a Conservation area mix product and found an organic fertilizer to use as well with it. The Agent explained that fertilizer use in the area is not recommended as it would wash into the wetlands and possibly compromise the health of the plants there. The Agent explained to the Commission that the area is close to the wetlands (Isolated land subject to flooding) and possibly could be
a vernal pool. Mr. Joe agreed to find a mix that does not require any fertilizer. Mr. Joe explained that he would also like to plant 7 Leland Cypress trees as a noise buffer on the property. The Agent explained that there was a shed installed on the property that also was not permitted but that it was prefab and no digging occurred to erect it. The Agent and Mr. Joe explained that it is on the upland portion of the property and outside of the wetlands. The Agent recommended a negative determination, he also stated that he would monitor the project and make sure that the bottles are big enough to handle the gutter run off.
Motion made, seconded and unanimously carried for a Negative Determination with the condition that the drainpipes are removed and that the gutter runoff bottles are monitored.
7:03 Kathleen and Michael Bowler, NOI – 37 Birch Way
(Continued from 05/01/08)(Pier, float)
The Agent explained that the applicants had requested a continuance. The Commission asked why this would be the fourth continuance for this filing. The Agent explained that Natural Heritage is requiring the applicants have a freshwater mussel survey done prior to any approval from their office. The Agent stated that the matter appears that it will be completed by next hearing.
Motion made, seconded and unanimously carried for a continuance until 06/26/2008 @ 7:03 p.m.
7:06 p.m. Kathleen and Brown Lingamfelter, NOI – 65 Seconsett Point Road
(Demolish and rebuild garage with slight increase in footprint)
Michael Borselli of Falmouth Engineering stood to represent the applicants. Mr. Borselli explained that the hearing was continued so that Natural Heritage and MEMA could be heard from regarding the project. He explained that the letter had been received by both himself and the Conservation Department. Mr. Borselli explained that neither party had any issues and that the property is not a priority habitat. Mr. Borselli also explained that the Commission and Agent had questioned the use of the overflow storage in the garage. He explained that there would be no bedroom or playroom area and that no plumbing will be in place. Commissioner Fitzsimmons read for the record a letter from the Board of Health stating that no application review was necessary. The Commission asked if a plan was required with the application. The Agent explained that it
was not required and he recommended approval.
Motion made, seconded and unanimously carried to Close and Issue.
7:09 p.m. David Rose, NOI – 184 Rock Landing Road
(Remove railroad ties, new patio and rock wall in same footprint and landscaping)
The Agent explained that the applicant had requested a continuance, as there has not been a D.E.P number issued yet on the application.
Motion made, seconded and unanimously carried for a continuance until 06/26/2008 @ 7:15 p.m.
7:12 p.m. Patricia Senville, RDA – 20 Wilson’s Grove (Septic upgrade)
Peter McAfee from Engineering Works stood to represent the applicant. The Agent explained that the application is straightforward; the septic is located in flood zone but not near wetlands. The Agent explained that he has no issues with the project. Commissioner Fitzsimmons read for the record a letter from the Board of Health letter stating that the application has been approved.
Motion made, seconded and unanimously carried for a Negative Determination.
7:15 p.m. William Carleton, RDA – 19 Bowsprit Point (Septic upgrade)
Peter McAfee stood to represent the applicant. Commissioner Fitzsimmons read a letter from the Board of Health into the record stating that the system was approved or a two-bedroom home. Mr. McAfee explained that the Board of Health had the bedrooms incorrect, as it is an existing four bedroom home. The Agent and Commission agreed that it would have to be clarified but a vote could be made on it as well.
Motion made, seconded and unanimously carried for a Negative Determination with the condition that the number of bedrooms be clarified and approved by the Board of Health.
7:18 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.)
Commission Fitzsimmons read for the record a letter from the Board of Health stating that there have not been any plans filed with them in regards to this application. The Agent explained that he had tried to reach the representative for this project but was unable to reach them. The Commission stated that due to the lack of representation and unfiled plans they would request a continuance.
Motion made, seconded and unanimously carried for a continuance until 06/26/2008 @7:18 p.m.
7:21 p.m. John Bartolomei, RDA – 37 Cappawack Road (Maintenance clean up)
Trisha Bartolomei stood to represent the applicant. She explained that they wish to do some maintenance clean up on the property. The Agent explained that the clean up would consist of mostly limbing and that it would also include the removal of one dead tree and the pruning of some vegetative growth. The Agent explained that the property sits about 25-30 ft away from wetland and is a certified vernal pool. The Agent stated that he had no issues with the project but as with any other limbing or pruning project he would meet with the contractor on site to discuss what and how the limbs would be removed as well as the pruning of the vegetative growth that is taking over the deck area.
Motion made, seconded and unanimously carried for a Negative Determination.
7:24 p.m. Robert White, O’Leary Family Trust, NOI – 15 Tuspaquin Road
(Seasonal pier and float with maintenance in perpetuity)
The Agent explained that the applicants requested a continuance. The Agent explained the reason for the continuance is the applicants are reconsidering the location of their seasonal dock. The Agent stated that the last hearing on the matter the issue of property had come up. The maps of the property include “paper roads” and the applicant’s had repositioned the dock to be only on their property. The Agent explained that due to the repositioning he had the applicants resubmit to Natural Heritage to make sure the move did not change their opinion on the project. The Agent explained that the applicants are also checking to make sure the “paper roads” are not owned by another party and that they can be built upon.
Motion made, seconded and unanimously carried for a continuance until 06/26/2008 @ 7:09 p.m.
Meeting adjourned at 7:57 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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