Mashpee Conservation Commission
Minutes of May 29, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: John Fitzsimmons, Ralph Shaw, Jeff Cross, Lloyd Allen, John Rogers and Cass Costa
Staff present: Drew McManus (Conservation Agent) and Melissa Brown (Board Secretary)
John Fitzsimmons called the meeting to order 6:55pm
Public Comment:
1) Mr. Bill M.of 49 Cranberry Ave stood to address the Commission in regards to the Quashnet Bog vote. He asked that the Commission decide against restoring the bogs. He cited the past history of pesticide use, the fact that permits were not followed, and the general hassle the bogs created in past years. He had lost trees due to the flooding and excessive water and does not want that to happen again. Commissioner Fitzsimmons thanked the townsperson for coming and reiterated Mr. M’s wish that the Commission vote against the bogs and for the fish/ river restoration.
2) Mr. James Kelley of 30 Overlook Knoll stood to address the Commission in regards to the Order of Conditions on file for 31 Starboard Lane. (Beach nourishment) Mr. Kelley asked the Commission who would be responsible for the impact on his property/ retaining wall from the 2050 cubic yards of “fill” (sand) dumped had an adverse effect to his property from the work. He also stated that he felt that the “fill” (sand) was not compatible with the existing sand. The Agent stated that he had requested supporting documentation and that Mr. Kelley had not yet provided that. The Agent informed Mr. Kelley that the sand was indeed compatible and that he could provide documentation to that fact if Mr. Kelley would like to see it. Commissioner Fitzsimmons explained that he had personally been
out to see the property and did not see any issues and that he felt it was an improvement to the area. Mr. Kelley was advised to hire a consultant or contractor to back up his claims. The Commission and Agent asked that proof be brought to the office or a hearing so that the matter could be evaluated based on fact not hearsay. The Agent also provided Mr. Kelley with the names of D.E.P personnel he could contact about the project. Commissioners Fitzsimmons and Cross also informed Mr. Kelley that if he had an issue with the Agent’s performance that he could address it with Joyce Mason, the Town Manager. The Commissioners stated that they appreciated Mr. Kelley’s time.
Post Hearing Agenda:
1) Administrative Approval SE 43-2518: New Seabury Properties LLC
(Staging Area next to Tidewatch condos)
The Agent explained that he would defer to Tara Marden from the Woods Hole Group. Tara Marden explained that the request is to add a railing on the stairway that was previously permitted. Mrs. Marden went on to explain that the railing is purely for safety reasons, the stairway is open right now and people could fall off. Mrs. Marden informed the Commission that the railing will be approximately 5 feet long and will cause no adverse impact to the area. The Agent stated that he also saw no environmental impact and recommended approval.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2518.
2) Administrative Approval SE 43-2476: New Seabury Properties LLC
(Florence 78 Triton Way)
The Agent explained that he would defer again to Tara Marden from the Woods Hole Group to
explain the project. Mrs. Marden explained that New Seabury Properties LLC wishes to install a
chain-link fence at 78 Triton Way to prevent trespassing issues. Mrs. Marden stated that this was
necessary to prevent damage to the beach grass that was planted and previously approved in the
area. There was a fence prior to the beach grass, and it was taken down to complete the project.
Mrs. Marden further explained that there would be no vegetation removal required to install the
fence. The Agent explained that he had been on site and that there would be no adverse impact
to the area.
Motion made, seconded and unanimously carried to Administratively Approve SE 43-2476.
3) Approve Meeting Minutes from 05/01/2008.
Motion made, seconded and unanimously carried to approve the minutes of 05/01/2008.
4) Quashnet Bog Vote
The Agent explained that the Conservation Department had received a letter from Brian Handy (previous grower of Quashnet Bogs) as a rebuttal to Mr. Steve Hurley’s presentation. The Agent stated that each Commissioner has a copy in their mailbox, and it does warrant being looked at before making any decisions. Commissioners Fitzsimmons and Cross expressed their displeasure with the timing of the letter. The Agent agreed that the timing was poor and did say that he told Mr. Handy that as well. The Agent stated that based on the new developments he feels that the Commission should wait to make any decisions. The Commissioners apologized to the public present to hear and comment on the vote. They asked that all of those present please return to the next hearing as the Commission values their input.
Motion made, seconded and unanimously carried to continue the vote until June 12, 2008.
Hearing Agenda
7:00 p.m. Trust of the Cotuit Bay Condominium, NOI - 418 Quinaquisset Ave
(Continued from 03/20/2008)(Vista pruning/vegetation control)
The Agent explained that the applicants had requested an indefinite continuance on the application.
Motion made, seconded and unanimously for an indefinite continuance.
7:03 Peter Costill, NOI – 37 Monomoscoy Road West
(Continued from 05/01/2008)(Boathouse, ramp, deck and driveway)
The Agent explained that the applicant had requested a continuance until June 26, 2008 @ 7:00 p.m.
Motion made, seconded and unanimously carried for a continuance until 06/26/2008 @ 7:00 p.m.
7:06 p.m. David Reilly, RDA – 6 Ned Besse Rd (Plant new trees)
Mr. and Mrs. Reilly stood to explain their wish to plant some Arborvitae trees along their property line as a privacy screen. The Agent showed the Commissioners photos of the property, the area to be planted was staked in the photos. The Agent explained the area is within the 100-foot buffer to the inland bank. The Agent further explained that there is nothing really there now and that the project will not call for any vegetation removal. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 p.m. Lou Seligowski, RDA – 14 Bowspirt Point (Continued from 05/15/2008)
(Replace two red cedars, replace landscape timber wall with a new wall around pool, and remove
Cobblestones from existing rotary and replace with a new wall)
The Agent explained that Mr. Seligowski’s RDA is an After-the-Fact RDA. The Agent further explained that he was called about some work on the property and during his on-site visit with the Assistant Agent found the items in question. The Agent stated that two red cedars had been removed prior to their visit, and he had informed Mr. Seligowski that they would need to be replaced. Mr. Seligowski has since replaced the trees and was allowed to do so with consent from the Agent. The Agent explained that the work behind the pool was also discovered during the on-site inspection. Mr. Seligowski stood to represent himself and explain the work he wished to accomplish. He acknowledged the tree removal and replacement and explained that he wanted to repair the current wall around the pool. Mr. Seligowski further explained that he wished to
replace the wall within the same footprint. The existing wall he explained is approximately 20 to 25 years old made up of 6’ x 6’ timbers and is deteriorating. Mr. Seligowski stated that he also wanted to replace the current wall around his rotary with 18” Natural face stones. The Agent informed the Commission that the rotary area is out of Conservation jurisdiction and would not be part of the application.
Motion made, seconded and unanimously carried for a Negative Determination.
7:12 p.m. James DeVincent, AOC – 122 Old Brickyard Rd
(Continued from 05/15/2008)(Landscaping and extension of patio)
James DeVincent stood to represent himself on his application. He explained that he wished to go forward with landscaping, patio extension and retaining wall replacement. Mr. DeVincent explained that the original application was for his addition. He does not wish to replace the grass that was removed but rather replace it with pea stone/gravel. Mr. DeVincent did provide copies of the landscape plan. He explained that he had requested removal of a tree but could easily leave the tree if he had to. The Agent recommended the approval of the retaining wall, as it is very much needed given the slope of the bank. The Agent explained to the Commission that the application is truly three fold – One piece is the patio expansion to fit where the addition went on. The second piece being the landscaping/ planting to cover. The third piece being
the cart path (pea gravel area) that Mr. DeVincent originally wanted to remove a tree to install. The Agent stated that he did not want the tree to be removed as it is located at the bottom of the bank and provides some bank stability. Mr. DeVincent agreed to sweep the cart path around the outside of the tree and initialed to that affect on the landscape plan.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions with the exception of the tree removal as initialed by the applicant.
7:15 p.m. Martin Solomon, RDA – 122 Popponessett Island Rd
(Demolish old float system and replace within same footprint, replace gangway)
Mark Burtis of Little River Dock Construction stood to represent the applicant. He provided the Commission with plan copies and explained that the red lines represented the proposed area and that the black were the existing system. Mr. Burtis explained that the applicant Dr. Solomon wishes to replace his existing float system within the same footprint. Mr. Burtis stated that Mr. Solomon’s current system is aground at low tide. He explained that the new system would replace the multiple dolphin piles with single 12” piles. Mr. Burtis explained that the gangway would be extended so that it can strike the floats. Mr. Burtis informed the Commission that he had spoken with both the Harbormaster and Shellfish Constable and that neither had any issues with the project. He went on to further state that originally the Harbormaster was
worried about channel encroachment, but Mr. Burtis has proven to him that there would be none. Commissioner Fitzsimmons commented on the length / square footage of the project, the square footage is larger than permitted now but that this project would be grandfathered because it already exists.
Motion made, seconded and unanimously carried for a Negative Determination.
7:18 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 applicants wish to tear down an existing two-car garage and rebuild it with a slight increase to the footprint. Mr. Borselli stated that the new garage will still be a two car but will also now include overflow storage above with an open staircase. The garage will measure 19’ x 25’, Mr. Borselli explained that it will not be any closer to the wetlands. Mr. Borselli explained that the applicants also intended on using the overflow storage for an art studio and playroom. The Agent stated that the Board of Health had made comments regarding the application and their comments were that there were to be no utilities to the garage or soil absorption systems. The Agent also stated that nowhere on the application did it mention a
rec. room type space that it was slated as storage only. The Agent suggested that the applicants or Mr. Borselli have a discussion with Board of Health regarding the matter. Mr. Borselli stated that the overflow will be unfinished space and not dedicated to the usages but that they would inquire with the Board of Health. The Agent informed the Commission that there was a Natural Heritage filing on the application as it is mapped habitat, and they had not yet responded. The Commission asked that they wait to close and issue until Natural Heritage has had a chance to comment. Mr. Borselli agreed to wait and asked for a two-week continuance.
Motion made, seconded and unanimously carried for a continuance until 06/12/2008 @ 7:06 p.m.
7:21 p.m. 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. He further explained that the applicants had requested the continuance so that they could address some concerns raised by Natural Heritage. Natural Heritage is requiring the applicants have a freshwater mussel survey done prior to any approval from their office.
Motion made, seconded and unanimously carried for a continuance until 06/12/08 @ 7:03 p.m.
7:24 p.m. Stanley and Mindy Wachtenheim, RDA – 78 Popponesset Rd (Overhead Pergola)
Linda Hand of LeBlanc Builders stood to represent the applicants. She explained that the applicants wish to install an overhead pergola on their property. The pergola will require the installation of sona tubes, but it will be hand dug and hand mixed. The Agent explained that the area for the project is completely disturbed and is located within the buffer to the flood zone. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:27 p.m. Margery Kisten Anzalone, Julie Kinney, Nicholas Anzalone and Joseph Anzalone
RDA – 57 Duck Blind Rd (Upgrade existing septic system)
Michael of JC Engineering stood to represent the applicants. He explained that the applicants wish to replace the current septic system. Michael explained that the new system would consist of a pump chamber, which will draw the waste upland to the absorption field. He further explained that the system would be located 60 feet from inland bank. The Agent explained that the Board of Health had approved the system, and his only comment was that he would like the absorption field area staked out on the property so he could see it clearer. The Agent recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
Meeting adjourned at 8:00 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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