Mashpee Conservation Commission
Minutes of April 03, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: Ralph Shaw, Lloyd Allen, Cass Costa and Paul Smalley
Staff present: Elizabeth Leidhold (Assistant Conservation Agent)
Ralph Shaw called the meeting to order 6:55pm
Post Hearing Agenda:
1) Administrative Approval SE 43-2435
The Assistant Agent explained that this Administrative Approval request was for James DeVincent, 122 Old Brickyard Road. Mr. DeVincent is requesting approval to extend his cement patio within the exposed yard and the erosion control barriers. The Commissioners stated that the plans were not very clear and that they needed more information. The Commission decided that they would rather see the project under a Request for an Amended Order, since he will have to file for their landscaping anyway.
2) Tom Fudala – Land deed for Map 53, Block 5, Noisy Hole Road
Tom Fudala stood to explain to the Commission the need for the Commission to sign off on the deed for land, which abuts Noisy Hole Conservation Land. The transfer was approved through Town Meeting two years ago as part of the open space requirement for the Industrial Park. The Commission signed the deed, and Mr. Fudala took it with him.
3) Tom Fudala – Shield’s Property Appraisal
Tom Fudala stood to explain to the Commission that as part of the Shield’s Land deal that is being considered that an updated appraisal has to be completed. The updated appraisal value is needed as part of the self-help grant application. The appraisal update will cost $900. Mr. Fudala mentioned that the self help grant application for the land will also require him to chart the open space land in the Town. The Commission questioned the appraisal process and if the appraisal came in lower what would happen to the grant and the deal with Mr. Shields. He explained that both the grant and deal would be adjusted accordingly.
Motion made, seconded and unanimously carried to approve the updated appraisal on the Shield’s property and monies necessary for it.
4) Approve Meeting Minutes from 03/06/2008.
Motion made, seconded and unanimously carried to approve the minutes of 03/06/2008.
5) Quashnet Bogs Presentation – Steve Hurley
Steve Hurley of the Massachusetts Fish and Wildlife approached the Commission with his presentation regarding the Quashnet Bogs future. He explained that the bogs are at a crossroads and can either be used for cranberries or as a habitat for Brook Trout and Herring. Mr. Hurley went on to explain that he has been involved with the bogs since 1997 and has intimate knowledge of the area. He stated that he does not feel the Quashnet Bogs could be used for both cranberries (Organic or Regular) as there is such a conflict in the ecosystem needs of each. The Commission questioned the reason and if there could be a way to do both what would it be. Mr. Hurley explained that if the two could be separated in the same area there may be a chance to pull it off but that he does not see any real area in the bogs that would work. The
separation is normally done with plastic walls and the way they need to be installed would not work in the Quashnet Bogs. The main reason the two do not work well together is that they will be competing for water especially if the berries are to be organic. Organic cranberries require a lot more water and the flooding would hurt the fish habitat. The cranberries also raise the temperature of the water in the summer to higher than the fish is able to withstand. Mr. Hurley showed slides of the different fish and wildlife in the bogs including a spotted turtle, herring gull, and a non-native fish they discovered while down at the bogs. He feels that Mashpee is an ideal location for Brook Trout and that they thrive in the bogs due to the cold upwelling water. He does feel that there would need to be some changes to the area to really bring back the habitat for the fish. The channel will need to be widened and berm issue addressed so that the fish can move and spawn as they need to. He
also explained that shade trees would have to be replanted; they had been removed some years ago by a cranberry farmer. The trout need the shade to keep cool during the hot summer months. The Commission asked about the habitat if nothing was done with the bogs. Mr. Hurley stated that he felt the habitat would be ruined and the trout lost. Mr. Hurley went on to state that there are other projects like this being done and that one is currently underway in the Town of Plymouth. Plymouth will be restoring a Brook Trout habitat with very little out of pocket money due to some State (Wetland Protection) and Federal grants (US Fish and Wildlife). Mr. Hurley also explained that he felt the Santuit Bog area would be a great location for Brook Trout habitat and could be easily converted as well. While he understands the idea of using the bogs for cranberries as it creates revenues, he feels the trout habitat is a much more worthy use of the area. He also stated that he felt the area would be
restored for recreational beauty as well as trout, creating a win-win for the Town and its residents. During Steve Hurley’s presentation, he also mentioned the availability of many grants that could provide large amounts of money to reestablish the river since it supports Brook Trout. These organizations include “Trout Unlimited” among others. The Commissioners thanked him for his informative presentation and stated that they would have a lot to think about in the next few weeks.
6) CC Jeep Club Clean Up – April 19, 2008
The Assistant Agent informed the Commission of the upcoming CC Jeep Club Clean Up. She explained that it will be held on April 19, 2008, beginning at 9:30 am for anyone who may want to volunteer and that it will take place at the Noisy Hole and John’s Pond Conservation areas. The Assistant Agent explained that they have done the clean up before and did an excellent job so Conservation is looking forward to the help.
Hearing Agenda
7:00 p.m. Susan Simmons, RDA - 105 Monomoscoy Road West
(Expand and rebuild existing deck, adding five new sono tubes)
Mrs. Simmons stood to explain her request to the Commission. She explained that the porch that currently sits on the house is very dangerous; literally falling off of the house in spots. She went on to state that the new porch will require an additional three sono tubes and replacement of two existing for a total of five. Mrs. Simmons and the Assistant Agent informed the Commission that the land is previously disturbed and mostly turf. The Assistant Agent explained that the Agent had recommended a negative determination as the project causes minimal to no impact on the environment.
Motion made, seconded and unanimously carried for a Negative Determination.
7:03 p.m. Michael O’Hara and Joseph Levy, RDA – 76 and 82 Greensward Road
(Continued from 03/20/2008)
The Assistant Agent explained that the applicants have requested another continuance. The applicants have some questions regarding the landscaping plan and need time to address those questions with the landscaper.
Motion made, seconded and carried unanimously for a Continuance until 04/17/2008 @ 7:18 p.m.
7:06 p.m. Robyn Laukien, NOI – 50 Waterway
(Demolish and rebuild a new single family home, stone driveway, utilities, Title V septic system,
patio, pool with apron, landscaping and associated appurtenances)
John Slavinsky of Cape and Islands Engineering and Michael Talbot stood to represent the applicant. Mr. Slavinsky explained that the hearing had been continued from 03/20/2008 so that a D.E.P # could be obtained and abutter concerns could be addressed. He did state that the D.E.P # had been obtained and that the Commission had a letter from the abutter. The Assistant Agent asked that the letter from Mr. Barry be read into record and it was done by Commissioner Shaw. The abutter had some concerns over the catch basin but those concerns were addressed. Mr. Slavinsky recapped the project for the Commission stating that it entailed building a new single family home (four bedrooms) and new Title V system, pool with apron and patio. The project also includes rain gardens (Shown on second plan) as explained to the Commission by Mr. Talbot.
Commissioner Costa stated that the two plans for the project would both need to be noted in the order of conditions.
Motion made, seconded and unanimously carried to Close and Issue with the two plans noted in the Order of Conditions.
7:09 p.m. Robert Kelly, NOI – 57 Redwood Circle
(Continued from 03/06/2008)(Construct access path, stairs, platform, ramp and float)
The Assistant Agent explained that the applicant had requested a continuance until 04/17/2008 due to the need to address some concerns from Natural Heritage. The concerns raised by Natural Heritage pertain to the three types of endangered shellfish found in the area.
Motion made, seconded and unanimously carried for a continuance until 04/17/2008 @ 7:21 p.m.
7:12 p.m. Wilson Colucci, NOI – 106 Summersea Road
(Construct and maintain a proposed walkway, rebuild stairway, dock, ramp and float with maintenance in perpetuity)
John Slavinsky stood to represent the applicant. He explained that it had been continued so some issues could be resolved. The plans needed to be submitted to Perry Ellis (Harbormaster) and Rick York (Shellfish Constable). The plans have now been submitted as required. Mr. Slavinsky explained that they had received some correspondence from the Division of Marine Fisheries. The correspondence raised concerns over the number and spacing of the pilings. It also requested that the ramp be longer and that the area be graded. Mr. Slavinsky explained that the ramp was now 12’ longer as requested and that the pilings were reduced in number with the spacing between increased to 16’. They also had some concerns over the refueling, storage or dragging of boats in the area. The Assistant Agent explained that Natural Heritage still had not
commented as they only received the application on March 11, 2008. The Commission and Assistant Agent agreed that the comments from Natural Heritage should be obtained prior to approval and that the Division of Marine Fisheries sign off as well. Mr. Slavinsky agreed and asked for a continuance until 04/17/2008.
Motion made, seconded and unanimously carried for a continuance until 04/17/2008 @ 7:24 p.m.
7:15 p.m. Kenneth Liatsos, NOI – 118 Shore Drive West
(Beach Nourishment)(Continued from 03/20/08)
The Assistant Agent explained that the hearing had no representation as it was decided that Tara Martin from the Woods Hole Group did not need to be there unless there were D.E.P concerns. The Assistant Agent explained that a D.E.P number was obtained and there were no issues noted. The Assistant Agent also explained that there is a time constraint with New Seabury and their timeline was being extended to accommodate this project. The Agent previously recommended approval for the beach nourishment as it is very much needed in the area.
Motion made, seconded and unanimously carried to Close and Issue.
Meeting adjourned at 8:15 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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