Mashpee Conservation Commission
Minutes of March 20, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: Ralph Shaw, Lloyd Allen, Jeffrey Cross, John Rogers, Len Pinaud and Paul Smalley
Staff present: Drew McManus (Conservation Agent), Elizabeth Leidhold (Asst. Conservation Agent) and Melissa Brown (Board Secretary)
Ralph Shaw called the meeting to order 6:55pm
Post Hearing Agenda:
1) Administrative Approval SE 43-2480 ( 94 Bluff Ave )
The Agent explained that this Administrative Approval was part of a filing for a tear down rebuild project previously approved. The applicant’s wish to install a gas line (Keyspan) in the area slated to be the driveway. The area is previously disturbed and the installation of the gas line would cause no further impact.
Motion made, seconded and unanimously carried for Administrative Approval of
SE 43-2480.
2) Administrative Approval SE 43-2427 ( Riverside Rd Town Landing )
The Agent explained that the Administrative Approval SE 43-2427 was filed by the Mashpee D.P.W. (Katherine Laurent) for installation of a temporary fence on Town property directly in front of Mr. Jonathan Burtis’ house at 70 Riverside Rd. The fence is to clearly delineate Town property from Mr. Burtis’ so the D.P.W workers can avoid digging up his land. Commissioner Cross expressed his distaste for the way the fence was put up. He explained to the Commission that the fence had gone right over Mr. Burtis’ front door limiting access. He also explained that based on the location of the fence he would have to vote against this project. The Agent explained that the fence across the door portion of Mr. Burtis’ yard had been removed and that it is only temporary and necessary. He stated that he would
go back to Ms. Laurent if the Commissioners objected and ask that some other type of temporary barrier be put in place. He stated that there really is no bylaw or performance standard being violated by the temporary fence and therefore would be no reason for the change.
Motion made, seconded and carried for Administrative Approval of SE 43-2427,
one nay vote was recorded.
3) Administrative Approval SE 43-2201 ( Williams – 10 Triton Way )
The Agent explained that Administrative Approval SE 43-2201 was part of a closed filing for the Williams. The filing had been for landscaping and maintenance in perpetuity. The applicants wish to plant two 12’ red cedars on their property within 100’ of coastal bank. The Agent explained to the Commission that the trees would fall under the previous maintenance and perpetuity with the Commission’s permission. The Agent explained that the trees cause no impact and are within the previous work area.
Motion made, seconded and unanimously carried for Administrative Approval of
SE 43-2201.
4) Enforcement Order File # 07-14 – Barry Krock: 4 and 2 Cross St.
The Agent explained to the Commission that this Enforcement Order went out as part of a hearing from October 2007. Mr. Krock was in front of the Commission to permit a tear down and rebuild of his house located at 4 Cross St. It was a contentious hearing with many abutters coming forth to question Mr. Krock’s intentions. The abutters were particularly interested in a walkover structure located at Mr. Krock’s adjacent property located at 2 Cross St. The walkover leads from the back patio, down the dunes to the water. After researching the Agent explained that he could not find a permit for the structure and sent out the enforcement order. Mr. Krock did provide documentation that proved the walkover structure was grandfathered at over 30 years old, predating any current bylaws and the Mass
Wetlands Protection Act in place forbidding such a structure. Based on those facts the Agent asked that the Commission officially withdraw Enforcement Order File #07-14.
Motion made, seconded and unanimously carried to Officially Withdraw Enforcement Order File #07-14
5) Approve Meeting Minutes from 02/21/2008.
Motion made, seconded and unanimously carried to approve the minutes of 02/21/2008.
6) Quashnet Bogs Presentation – Steve Hurley
The Agent informed the Commission that Steve Hurley from Mass Division of Fish and Wildlife would be attending the April 3, 2008 meeting. The Agent explained that Mr. Hurley has created a presentation on the Quashnet Bogs and Brook trout. He believes it would be beneficial to restore the Brook trout habitat in the bogs. The Agent invited Mr. Hurley so that the Commission can make a truly informed decision as to the future of the bogs. He encouraged the Commissioners not present for Mr. Bottomly’s presentation on the bogs to watch the tape from the meeting. The Agent reminded everyone present of their mission, restoring and preserving the precious conservation areas in the town. He stated that he did not feel that they should rush to make any decisions until they have heard Steve and seen the final Haley and
Aldrich results from the feasibility study. The Commission and the Agent did agree that it may be wise to go forth with a management plan with Mr. Bottomly for the Quashnet bogs to make sure if they do decide to go with cranberries they have the option.
Hearing Agenda
7:00 p.m. Trust of Cotuit Bay Condominium, NOI – 418 Quinaquisset Ave
(Continued from 02/21/08)(Vista pruning)
The Agent explained that the Cotuit Bay Condominium Association is seeking to do some vista pruning on the 500 ft of frontage they own. He explained that after some research and consultation of the former conservation agent for the town he discovered that they are only allowed 25 % or 50 ft whichever is less for pruning. Given the area 50 ft would be the set amount and would not gain any of the homeowners any increase in view. He had suggested to the Association that they come up with a common area and use the fifty feet there, they rejected that idea. He also explained to the Commission that if the motion passes he would condition they hire a cutting monitor for no less than a year to make sure no illegal cutting takes place. There has been illegal cutting on the property before and he does not want to see that happen again. The applicants
have asked for a continuance as their representation could not appear at the hearing, they requested the continuance until 05/29/2008 @ 7:00 p.m.
Motion made, seconded and unanimously carried for a Continuance until 05/29/2008 @ 7:00 p.m.
7:03 p.m. M. Duffany Builders, NOI – 211 Daniel’s Island Rd
(Construct parking area and storage vault)
(Within 100’ of coastal bank, salt marsh and coastal beach)
Jack Vaccaro of Vaccaro Environmental Consulting stood to represent the applicant. He explained that he had consulted on the project and prepared the delineated plans set before the Commission. Mr. Vaccaro stated that the Daniel’s Island area is full of older homes and this property sits close to an armored coastal bank, salt marsh and a narrow coastal beach. The applicants wish to erect a storage vault with a patio on top and also add to the parking area. He explained that the area was closely examined and the team decided that the least environmental impact would occur by building the vault into the embankment. The parking area will only be a slight increase in the existing driveway. Mr. Vaccaro stated that there will also be approximately 200 sq ft. of mitigative plantings for the project. He did not have a planting list and asked
that the Agent sit down with the consultants and help come up with the best plantings for the area. The Agent agreed to help the consultants and stated that they could hand in the plan at a later date. The Agent asked Mr. Vaccaro about the Town’s concrete bound on the property. Mr. Vaccaro explained that the bound was located in the middle of the lawn and well outside the work area. The Commission questioned the flood zone line (A11) going through the proposed location. Mr. Vaccaro explained to the Commission that it did indeed pass through the proposed location but the elevation (18) of the project is well over the flood zones elevation. The Agent recommended approval pending receipt of a mitigative planting list.
Motion made, seconded and unanimously carried to Close and Issue pending the receipt of a mitigative planting list.
7:06 p.m. Little Neck Bay Association, RDA – 1 Tide Run
(Clear brush, construct wall and add plantings)
Ed Sarno from the Little Neck Bay Association stood to represent the Association members. He described the Associations wish to improve their entrance area with removal of brush and shrubbery, construction of a fieldstone wall and added plantings. He explained that the shrubbery removal was not as much esthetic as due to safety concerns. The scrubs decrease the visibility on for exiting/entering Tide Run. The plan does not include any tree removal. The wall will be constructed off of an existing structure and will extend from its pillar on. The Agent explained to the Commission that the area is previously disturbed and the vegetation does restrict view causing a safety hazard. The Agent recommended a negative determination. Commissioner Allen asked about the water easement line shown on the plans, the line would run directly through
the new wall. Mr. Sarno did not know about the water easement line and asked what the Commission would like him to do. The Agent told Mr. Sarno that he should consult with the Mashpee Water Department prior to erecting the wall to make sure they were not going to need to take it down in the near future. Mr. Sarno stated that he would consult with the water department prior to construction and come back the Conservation if there needed to be any changes. He asked the Agent for suggestions on plantings and the Agent agreed to provide the list and some suggestions.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 p.m. Charles Talanian, RDA – 29 Ockway Rd (Construct and install an Osprey nest)
Mark Burtis of Little River Dock Construction stood to represent the applicant. He described the applicants wish to erect an Osprey Nest. The nest would sit atop a 6” diameter pole approximately 40 yards away from the nearest dock. The nest will be located close to the edge of the salt marsh. The Agent explained that the Assessor’s maps in front of the Commissioners were to prove that Mr. Talanian does indeed own the area in which the nest is to be constructed. The Agent required the proof be submitted as part of the filing. He recommended a negative determination as the nest causes no impact and is a great project in terms of restoring Osprey to the area.
Motion made, seconded and carried unanimously for a Negative Determination.
7:12 p.m. Michael O’Hara and Joseph Levy, RDA – 76 and 82 Greensward Road
(Continued from 03/06/2008)
The Agent explained to the Commission that the applicants were not able to get the landscape plan in on time and requested a continuance until April 3, 2008 @ 7:03 p.m. The applicants will be meeting with Mr. Tom Jalowy to discuss the landscape plan as well prior to the next hearing.
Motion made, seconded and carried unanimously for a Continuance until 04/03/2008 @ 7:03 p.m.
7: 15 p.m. Martin Finch, RDA – 39 East Rd
(Construct upper and lower 24’ x 8’ decks)
Mr. Finch stood to describe his request. He explained that he wishes to construct two 24’ x 8’ decks one upper (second story of the house) and one lower level. The upper portion will be replacing an existing deck with no change in footprint. The Agent explained that the area is previously disturbed and consists of an inland bank that leads to Peter’s Pond. The Agent did recommend installation of a silt fence to control erosion. The Agent also explained to Mr. Finch that he should consult Conservation if he should want to plant in the inland bank area. Mr. Finch stated that he would definitely consult the Conservation Department before he did any plantings.
Motion made, seconded and carried unanimously for a Negative Determination.
7:18 p.m. George Mandalos, NOI – 22 Cross Tree Way
(Continued from 01/10/2008) (Extend an existing revetment and expand kitchen)
Wayne Tavares (Landscape Architect) stood to represent the applicants who were in attendance. He explained that the hearing had been continued a number of times in order for the Commission to receive a construction methodology for the revetment. He explained that the hearing was also continued until Natural Heritage could be filed with. Mr. Tavares provided the green cards for proof of mailing to Natural Heritage. He went on to explain the construction methodology that would be employed on the site. The area will be hand dug to a total of 12” of excavation and the wall will be approximately 2- 2.5’ high. The stone will be grouted to secure it as was done with the existing wall. The concrete will be hand carried in and stone will be brought to the site with a small bobcat or dingo. The workmen will stand on plywood as to not
disturb the area anymore than necessary, not trample the salt marsh. The Agent reminded the Commission that they had previously approved a kitchen expansion that added one sonatube that was part of the Notice of Intent filing. The Agent explained that the construction methodology for the revetment fit the requirements and the green cards for Natural Heritage meet submittal requirements. He stated that he recommended approval pending receipt of the Natural Heritage comments .
Motion made, seconded and carried to unanimously to Close and Issue pending receipt of Natural Heritage comments.
7:21 p.m. David Pinchin, AOC – 124 Shore Drive West (Beach Nourishment)
Tara Martin of the Woods Hole Group stood to represent the applicant. She described the applicants wish to do some beach nourishment/ maintenance in perpetuity in an already approved work area under
SE 43-2356. The Agent agreed that the area is in need of beach nourishment and recommended approval.
Motion made, seconded and carried unanimously to Approve the Amended Order of Conditions.
7:24 p.m. Kenneth Liatsos, NOI – 118 Shore Drive West (Beach Nourishment)
Tara Martin from the Woods Hole Group stood to represent the applicant. She described the applicants wish to do some beach nourishment. She explained that the permits previously held by the applicants had expired in the fall. The applicants have held permits to do beach nourishment in the area since 1994. The Agent explained to the Commission that D.E.P had not responded to the filing yet and that there was no SE# issued. He stated that he did not anticipate them having any issues with the filing as it is the same as it has been in years past. The Agent and representative agreed that the matter should be continued until April 3, 2008. He asked that the Commission allow for no representation at the next hearing unless D.E.P notes any concerns. The Commission agreed that Tara would not have to be present unless concerns were raised by
D.E.P. Tara explained that she will be requesting an extension through New Seabury to perform the work this April but that she thought they too would be agreeable to that. The agent requested a copy of the letter from New Seabury requesting an extension for beach nourishment.
Motion made, seconded and unanimously carried for a Continuance until 04/03/2008 @ 7: 15p.m.
7:27 p.m. Robert Kelly, NOI – 57 Redwood Circle
(Continued from 03/06/2008)(Construct access path, stairs, platform, ramp and float)
The Agent explained to the Commission that there was a letter from the applicant requesting a continuance. The letter was read for the record and stated that the applicant requested the continuance so they could implement some of the revisions as suggested by the Commission. The Agent explained that the hearing had been continued so that some research could be done on whether it fell under the Rivers Protection Act. He stated that he is still working on obtaining that info. He feels that even if it falls within the River Protection Act that the walkover adheres to the performance standards. The Agent stated that the Conservation Commission jurisdiction will pertain only to the walkover structure really and whether it fits the performance standards. The concerns previously raised at the last hearing by abutters in regards to docking/
refueling on the float and congestion would be matters for the Harbormaster not Conservation. The 10’ x 8’ float is non-impactful as far as Conservation is concerned.
Motion made, seconded and unanimously carried for a continuance until 04/03/2008 @ 7:09 p.m.
7:30 p.m. Patricia Bell Rev TR and Paul Hanlon, NOI – 45 & 51 Popponessett Island Rd
(Continued from 01/24/2008)
(Maintenance dredging, beach nourishment and maintenance of a stone revetment)
Norman Hayes stood to represent the applicants. He explained that he was here to respond to the questions raised at the last hearing. Mr. Hayes explained that he was asked to provide a new plan that eliminated the beach area as asked by the Commission. He explained that he was also asked to provide a definitive plan for access. Mr. Hayes read a letter for the Commission that Mrs. Ellikinson had written in regards to allowing the applicants use of her property for access. She asked only that any damage done to her property and the area be repaired. Mr. Hayes recapped the filing for the Commission stating that the project would restore the area to previous depth and revive the shellfish habitat that was once thrived there. The Agent explained to the Commission that he felt Mr. Hayes had satisfied all that was asked of him. The
Agent also stated that Mr. Hayes had addressed the concerns raised by the Division of Wildlife Marine Fisheries. The concerns were in regards to the soils being placed on the spit and their affect on the horseshoe crabs in the area. Mr. Hayes eliminated that and the soils will no longer be placed on the spit. The Commission asked Mr. Hayes about float realignment. Mr. Hayes explained that besides the realignment as mentioned at previous hearing there will be the addition of 54 sq ft to an existing float in order to dock kayaks and the like. The addition was cleared through the Harbormaster as well as the other float realignment. Mr. Hayes and the Agent also reiterated that there will not be beach nourishment rather it will be replaced by approximately 150 sq ft of beach grass plantings. The Agent recommended approval.
Motion made, seconded and unanimously carried to Close and Issue.
7:33 p.m. David Jaye, AOC – 40 Popponesset Island Rd (Landscaping)
Norman Hayes stood to represent the applicant. He explained that this property had previously been in front of the Commission for the house construction and was now seeking permission to landscape. He turned over the explanation of the landscape plan to Jennifer Malila of Center Stage Studios. She explained that the property is currently about 85% exotics and fully disturbed. Her plan would return it to approximately 85% native and would include some removal of concrete near the pool. The concrete would be replaced by some impervious stone and plant materials. One tree will need to be removed on the property, it is a sickly Oak and the removal will cause no environmental impact. The Agent stated that the landscape plan represents an improvement in the environment and the Commission agreed that the plan was the best they had seen in a long
time.
Motion made, seconded and unanimously carried to Approve the Amended Order of Conditions.
7:36 p.m. Wilson Colucci, NOI – 106 Summersea Road
(Construct and maintain a proposed walkway, rebuild stairway, dock, ramp and float with maintenance in perpetuity)
The Agent explained the applicant needed a continuance due to some filing issues. The plans were not submitted to Perry Ellis (Harbormaster) and Rick York (Shellfish Constable) as is required for any “dock” filing. The D.E.P was also not given sufficient notice and has not reviewed the submittal yet. The Agent informed the Commission that the Division of Marine Fisheries also had a list of concerns and recommendations that need to be addressed for this project.
Motion made, seconded and unanimously carried for a Continuance until 04/30/2008 @ 7:12 p.m.
7:39 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)
The Agent explained that the applicant requested a continuance until they can obtain a D.E.P. number. The applicant’s requested a continuance until 04/03/2008 @ 7:06 p.m.
Motion made, seconded and carried unanimously for a Continuance until 04/03/2008 @ 7: 06 p.m.
Meeting adjourned at 8:15 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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