Mashpee Conservation Commission
Minutes of May 1, 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), Elizabeth Leidhold (Asst. Conservation Agent) and Melissa Brown (Board Secretary)
John Fitzsimmons called the meeting to order 6:55pm
Post Hearing Agenda:
1) CC Jeep Club Clean Up – April 19, 2008
The Agent recapped the clean up effort for the Commission. The Agent explained that over fifty volunteers had shown up including the CC Jeep Club members, some Land Steward volunteers, and members of the Wampanoag tribe. The Agent explained that they had picked up many mattresses, construction waste, and appliances. He held up the pictures from the article in the Enterprise for the Commission as well so they could see some of the volunteers in action.
2) Haley and Aldrich – Feasibility Study
The Agent distributed the copies of the study to the Commissioners. The Commissioners asked if there had been any significant changes to the findings. The Agent explained that there was a slight change in language, but that the options and findings were the same. He stated that there are still three options and suggested that the Commissioners read over the booklets as the Commission is nearing decision time on the Quashnet bogs. The Agent also asked that the Commissioners write down any questions they may have on the study so that he could obtain the answer. The Agent informed the Commission that he would be looking into the past revenue from cranberries (net Town figure) and what the funds get earmarked for.
3) Approve Meeting Minutes from 04/03/2008.
Motion made, seconded and unanimously carried to approve the minutes of 04/03/2008.
4) Quashnet Bogs Presentation – Steve Hurley
The Agent explained that he did get in touch with Mr. Hurley and asked that he return to do his presentation. Mr. Hurley agreed to do so; the Agent explained that he suggested May 15th to Mr. Hurley but that it had not yet been confirmed as of this evening’s meeting. The Agent informed the Commissioners he had included copies of an article in their mailboxes on the History of the Coonamessett River to compare to what could be done at the Quashnet bogs. The Agent also suggested the Commissioners read the article in the most recent Enterprise about the work that Fish and Wildlife have already done in the bog area. He stated that he hopes everyone will have enough information to make an informed decision.
5) Land Stewards – Area Coordinator Meeting
The Agent explained that he has set the date for meeting with the four Area Coordinators. It will take place on May 7th at 4:30 p.m. The Agent stated that the meeting will be to discuss the coordinators’ duties and responsibilities and address any questions they may have. The Agent invited the Commissioners to attend if they wished. He went on to explain that he had already sent emails to the coordinators with the list of their area volunteers and also sent emails to the volunteers with their area coordinator contact information. The Agent wanted to make sure everyone understands who is contacted when. This should take the bulk of the burden off of the Conservation Department and still solicit the information needed. The Commission asked if there will be some kind of formal reports on the project. The
Agent stated that there would be once the project is further along and that he would keep them abreast of any issues/developments as they arise as well.
6) Tom Fudala – Open Space: Conservation and Recreation Plan
The Agent explained to the Commissioners that he had left a copy of the Town’s Open Space Conservation and Recreation Plan in their mailboxes. He stated that it is just for review and its adopted goals and objectives. The Agent explained that as part of the Self-Help grant for the Shields property, Tom Fudala had to prepare the document. The Agent asked that any edits the Commission saw necessary he would discuss with Mr. Fudala. The Self -Help grant would allow Conservation a 50% reimbursement for the cost of the property.
Hearing Agenda
7:00 p.m. 260 Heath Street Realty Trust, RDA - 24 Popponesset Island Rd
(Install and maintain a flagpole) (Cass Costa recuses herself)
Stan Hyde stood to represent the applicant, Mr. Robert Craft. He explained that the applicant would like to install and maintain a flagpole on the property. Commissioner Rogers asked which house the flagpole would be installed. Mr. Hyde explained that it would be placed on the lawn of the main house, #24, the middle house. The Commission questioned the height of the flagpole. Mr. Hyde stated that the flagpole will be 35 feet as the Town has a 40-foot height limit. The Agent recommended a negative determination based on the fact that the pole would be placed in buffer zone to coastal bank and a heavily landscaped (grass) area causing no adverse impact.
Motion made, seconded and unanimously for a Negative Determination.
7:03 Kathleen and Michael Bowler, NOI – 37 Birch Way
(Seasonal pier and float with maintenance in perpetuity)
A representative from Coastal Engineering Company stood to represent the applicants. He explained that the applicants wish to install a seasonal pier and float. The project will be approximately 40 feet long consisting of sections that are 4’ x 8’. The pier will be constructed with adjustable legs; meaning that there are no permanent pilings, and the legs collapse under the sections and can be carried to their storage location. He cited the boat draft calculations and clearance under the pier to show that there will be no prop washing created by the boat in the area. The Commission questioned the pier’s load bearing ability. The representative explained that each section can hold approximately 4 people (1000 pounds) and that he has used many in freshwater applications and never had a problem. The Assistant Agent questioned
if the D.E.P number had now been obtained because as of their last communication earlier in the day they were still waiting. The representative did provide an email from the D.E.P that contained the number. The Assistant Agent stated that Natural Heritage had not had their thirty days yet to comment on the application. The representative stated that the Assistant Agent was correct but that he had other Commissions approve projects pending comments from Natural Heritage. The Agent explained that Natural Heritage may require the location of the pier be moved which would require changing the plans and the filing. The representative agreed but stated that he feels the filing is strong and that they will encounter no issues with Natural Heritage. The Commission stated that they did not feel comfortable making a motion on the filing without comments from Natural Heritage and did not want to spend any more time on the hearing. The Agent explained that there was one more item that needed
to be mentioned. The property has stairs leading down the inland bank to the water. The Bowlers were not the ones who installed the stairs but as the new owners inherited them. The Agent went on to further explain that he had researched the location and found no permits for the stairs, though he knew they were not permitted at the onsite purely by their appearance. The stairs sit flush with the inland bank and would have never been permitted that way. The Agent explained he did not want to fine the Bowlers but that he wanted to include the stairs on an AOC as an After the Fact finding. The Commission asked that this be continued until comments are received from Natural Heritage, and the representative agreed to the continuance and asked that it be scheduled for 05/15/08 @ 7:21 p.m.
Motion made, seconded and unanimously carried for a continuance until 05/15/2008 @ 7:21 p.m.
7:06 p.m. New Seabury Corporation, RDA – 252 Shore Drive West (Popponesset Inn)
(Construct handicap accessible ramp, remove invasive Autumn Olives, replace beach grass and replace damaged existing fence) (Cass Costa recuses herself)
Tom Jalowy stood to represent New Seabury Corporation. He described the applicants request to construct a handicap accessible ramp on the top level of the Popponesset Inn that would allow access to the lower tent area. He explained that it would also include adding some Rosa Rugosa in the area (in addition to the existing Rosa Rugosa). Mr. Jalowy explained that they would be replacing some beach grass that had been worn away; the grass will be planted two columns per hole, 18” on center. Mr. Jalowy explained that the beach fence will be replaced as it is currently very dangerous and falling apart. The Agent explained that children have been jumping the fence and trampling the beach grass in the area. The Agent explained that he had recommended the removal of the Autumn Olives as they have taken over the landscape in that area. He
recommended a negative determination as he feels it will only improve the area and provide much needed handicap accessibility.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 p.m. 55 Horseshoe Bend Way Realty Trust, NOI – 55 Horseshoe Bend Way
(Construct a new single family home with associated appurtenance and a Title V septic system)
Tim Santos of Holmes and McGrath stood to represent the applicants. He explained that the applicants wish to construct a new two bedroom single family home with grading, landscaping, utilities and dry wells. The Commission read a letter from the Board of Health stating that the filing appears to be in compliance with the Title V requirements. Mr. Santos explained that they are still waiting to hear back from Natural Heritage and that Natural Heritage has until 05/17/2008 to respond. The Agent and Assistant Agent explained that Natural Heritage on this filing not only has to do with the pond but the whole property, as it is box turtle habitat. The Agent explained that the property is buffer zone inland bank and that he recommends the Commission close and issue pending comments from Natural Heritage.
Motion made, seconded and unanimously carried for a Close and Issue pending comments/approval from Natural Heritage.
7:12 p.m. Christopher Peacock, NOI – 7 Crow Rd
(Cont. from 04/17/2008)(Install seasonal dock, a retaining wall and vista pruning)
The Agent explained that the applicant requested a continuance until 05/15/2008 @ 7:12 p.m.
Motion made, seconded and unanimously carried for a continuance until 05/15/2008 @ 7:12 p.m.
7:15 p.m. Ivan and Jean Partridge, RDA – 20 Mutiny Way
(Remove juniper along driveway and replace with native vegetation)
The Agent explained that a continuance was necessary on this filing. He explained that originally the junipers to be removed were along the retaining wall in front of the house; the junipers now being removed are parallel with the driveway and close to wetlands. The Agent stated that he had requested a plan with proper delineations on it and a methodology on how the trees were to be removed. The Agent explained that he was worried the removal would harm the wetlands if not done properly. The Agent informed the Commission that due to these requests the applicants had requested a continuance until 05/15/2008 @ 7:18 p.m.
Motion made, seconded and unanimously carried for a continuance until 05/15/2008 @ 7:18 p.m.
7:18 p.m. Gerald Fine, RDA – 12 Summersea
(Continued from 04/17/2008) (Remove nuisance vegetation, pitch pines)
Tom O’Hara stood to represent the applicant. He apologized to the Commission for missing the last hearing, but he had gotten tied up at work. Mr. O’Hara explained that the applicant wishes to remove some low lying, invasive vines and possibly remove or trim some trees in the yard. He explained that the applicant was willing to do mitigative plantings if necessary for the removal. The Agent informed Mr. O’Hara that he had done some research and there is no record of the property ever having a permit for vista pruning, he did see filings for vegetation removal and removal of some hazardous tree limbs. The Agent explained that there is an existing vista corridor/ window of approximately 50 feet on the property and that removal of the trees/limbs would create a larger one. He explained that since 50 feet is the maximum, he does
not feel it sets a good precedence if those are allowed to be removed. The Agent explained that he does agree with the removal of the invasive bittersweet vines and that two pitch pines on the property need to be removed as well. The pitch pines reside perilously close to the house and one next door; not taking the trees could cause serious damage to either structure in a storm. The Agent and Commission agreed that the parameters should be that there be no limbing of the trees near the vista corridor and that only the vines and pitch pines be removed.
Motion made, seconded and carried for a Negative Determination according to the parameters set forth by the Commission.
7:21 p.m. Peter Costill, NOI – 37 Monomoscoy West (Boathouse, ramp, deck, driveway, utilities)
The Agent explained that the applicants requested a continuance, but Cape and Islands Engineering had not sent the letter to do so. The Agent explained to the Commission that the project seeks to build a boathouse on an unbuildable lot. The boathouse needs to be moved, and the applicants are awaiting a ruling from the Zoning Board of Appeals before coming in front of the Commission. The Commission scheduled a continuance to 05/29/2008 @ 7:03 p.m.
Motion made, seconded and unanimously carried for a continuance until 05/29/2008 @ 7:03 p.m.
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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