Mashpee Conservation Commission
Minutes of February 7, 2008
Public Hearings
Mashpee Town Hall
Commissioners Present: Jack Fitzsimmons (Chair), Ralph Shaw, Lloyd Allen, John Allen and Leonard Pinaud
Staff present: Drew McManus (Conservation Agent), Elizabeth Leidhold (Asst. Conservation Agent) and Melissa Brown (Board Secretary)
Jack Fitzsimmons called the meeting to order 6:55pm
Post Hearing Agenda:
1) New Assistant Conservation Agent Elizabeth Leibhold
The Agent introduced the Commissioner’s to the new Assistant Conservation Agent, Elizabeth Leidhold.
2) Administrative Approval SE 43-2502 (Corwin – 48 Fells Pond Rd)
The Agent described the request for Administrative Approval. The Corwin’s requested that they be allowed to take down a tree that was damaged and dying. The tree poses a real danger to the residence if it were to fall. The Corwin’s will be planting 6 low bush blueberry plants as mitigation.
Motion made, seconded and unanimously carried to approve plan administratively.
3) Wildfire Inventory Grant
The Agent explained to the Commission he had been speaking with Bill Clark from the Barnstable Cooperative Extension and that a $1,245 grant was given to the Conservation Department for the Land Stewardship program. Mr. Clark has also sent the Conservation Department an application to apply for a Wildfire Assessment Survey. The Wildfire Assessment Survey would be done on a parcel of land of the Conservation Department’s choice. The assessment would determine what needs to be done and how (either mechanically or controlled burn) to control brush build up. The application includes a grant, which would be $25,000 and can be applied for yearly.
4) Approve Meeting Minutes from 01/10/2008.
Motion made, seconded and unanimously carried to approve the minutes of 01/10/2008.
5) Land Stewardship Sub Committee
The Agent requested that the Sub Committee for the Land Stewardship program meet prior to the meeting on March 3, 2008. The Commissioners agreed to meet this coming week.
Hearing Agenda
7:00 p.m. Carol Kelley, AOC – 174 Captain’s Row
(The proposed detached garage will be an attached garage and add a new gas line)
A representative from Bennett Engineering stood to represent the applicant. He explained that the applicant wishes to attach the garage that was previously to be detached and add a new gas line on the property. The new gas line will run from the road to the house. The representative stated that while the changes bring the project closer to the resource area he feels it causes no more impact than what was previously approved. The Agent agreed that the proposed adjustments are minor but that there are some issues from the original Notice of Intent that were not complied with. The original notice stated that there would be a 50-foot (in width) vegetated buffer strip. There is no buffer strip, and a beach area has been added that was not approved. Besides the issue with the beach area, there is a pile of branches currently sitting on the
coastal bank that need to be removed immediately. The representative asked for the information on mitigation planting calculations and plantings. The Agent did state that he would provide the mitigation calculation sheets and native planting list as well as meet with the representative to talk over some solutions. The Commission suggested a continuance until a plan can be provided for the vegetated buffer strip, and the beach area can be dealt with. The representative stated that two weeks would be enough time to comply with the requests and that 02/21/2008 @ 7:09 p.m. would be fine.
Motion made, seconded and unanimously carried for a continuance until 02/21/2008 @ 7:09 p.m.
7:03 p.m. Andy Mendelson, RDA – 10 Popponessett Island Road
(Rebuild a fixed pier, stairs, gangway and floor within existing footprint)
Mark Burtis of Little River Dock Construction stood to represent the applicant. He described the applicant’s wish to reconstruct an older pier in the same footprint. There is an active Chapter 91 license on the project. The Commissioners did notice on the plans that the pier is 160 square feet and that the bylaw calls for nothing bigger than 150 square feet. Mr. Burtis did provide copies of the interim state approval back in 1995. The Agent stated that since it was previously approved it does not fall under the bylaw, which was created after it. The project will eliminate a float that is 64 square feet that currently exists on the property. Mr. Burtis also explained that the pier will be turned so that it is not parallel to the shoreline. The Harbormaster Mr. Ellis does not have any issues with this project as presented.
Motion made, seconded and unanimously carried for a Negative Determination.
7:06 p.m. Greg Smith, RDA – 66 Spoondrift Way
(Remove and rebuild existing deck stringers, cross braces of fixed pier, gangway and floatation docks within same footprint)
Mark Burtis of Little River Dock Construction stood to represent the applicant. He described the applicant’s wish to remove the old structure and decking and rebuild a new one in the same footprint. The project will also include the replacement of the old ramp/float system with a new ramp/float system as well as an aluminum gangway. Mr. Burtis informed the Commission that there is an active Chapter 91 license on this project.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 p.m. Joel Abraham, RDA – 95 River Road
(Rebuild fixed pier, ramp and float within the same footprint)
Mark Burtis of Little River Dock Construction stood to represent the applicant. He described the applicant’s wish to rebuild the existing pier, ramp and float in the same footprint. Mr. Burtis informed the Commission that there is an active Chapter 91 license on the pier. The Agent did inform Mr. Burtis that he is sending out a violation notice as the float is currently sitting on the BVW. He did also ask that the float be moved immediately. The Agent explained that he has no other issues with the project and recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:12 p.m. George Mandalos, NOI – 22 Cross Tree Way (Cont. from 1/10/08)
The Agent informed the Commission that the applicant has requested another continuance. They have been unable to get a contractor to explain the construction methodology for the revetment. The Commissioners did note that this is the fourth continuance. The Agent stated that they were informed that if they are unable to furnish the necessary methodology in March that they will have to file for an Amended Order of Conditions for the revetment after an Order of Conditions is issued for the approved kitchen renovations or withdraw the revetment portion of the original Notice of Intent.
Motion made, seconded and unanimously carried for a continuance until 03/06/2008 @ 7:00 p.m.
7:15 p.m. Richard Kuusela, NOI – 379 Monomoscoy Road
(Construct a garage, deck and an addition to the house, and upgrade Title V septic system and proposed driveway – Continued from 1/24/2008)
John Slavinsky of Cape & Island Engineering stood to represent the applicant. Mr. Slavinsky explained that the conditions stated in the previous hearing had been complied with. The Agent at the previous hearing requested that the trees that were to be removed be flagged and a plan of migitative plantings be presented. The Agent agreed that all the requirements were met to his satisfaction and he recommended approval. He did ask that Mr. Slavinsky relay a message to the property owner that the boat must be taken off the marsh immediately or a violation notice will be sent out on it.
Motion made, seconded and unanimously carried to Close and Issue.
7:18 p.m. George and Elizabeth Stento Trs. NOI - 155 Popponessett Island Road
(Demolish and rebuild new single family home, Title V septic system, driveway, plantings and associated appurtenances)
John Slavinsky of Cape & Island Engineering and Michael Talbot of Michael Talbot & Associates Inc stood to represent the applicant. The existing dwelling will be demolished and rebuilt, it is currently an illegal five bedroom and this project will return it to a legal four bedroom. The project will also include a new Title V system and driveway. Mr. Slavinsky described that the applicant will also be utilizing storm water management plans instead of dry wells to control run off. The plans call for creating rain gardens, which slow the rate of absorption and create a better wildlife habitat. There will be two rain gardens approximately 475 square foot total. Mr. Slavinsky explained that according to the migitation calculations sheet, they need to provide 3,951 square feet of plantings for the size of the project. He stated that his
and Mr. Talbot’s plans call for 4,300 square feet. Mr. Talbot went into further detail of why the system works and how he would like to see more of this in Mashpee. The Agent stated that while pools are not usually seen as necessary, they can be approved if the mitigation stipulations are met. The Agent explained that the property is now 90% turf and the project will definitely be an improvement. The Agent asked if Natural Heritage had been filed for and the representatives stated that it had. He did request that the Commission wait to vote until they hear back from Natural Heritage. The Commission and applicant’s representatives agreed and decided two weeks would be sufficient.
Motion made, seconded and unanimously carried for a Continuance until 02/21/2008 @ 7:12 p.m.
7:21 p.m. Geoffrey Willis, AOC – 65 Hoophole Road
(To allow for a 10 ‘ x 11.5 ‘ platform)
John Slavinsky of Cape and Islands Engineering stood to represent the applicant. He explained that the applicant wished to make the previously permitted dock shorter. The net change is 102 sq ft, but the applicant has added a platform. The platform has expanded the walkway, and the project is not the same configuration. The Commission pointed out to Mr. Slavinsky that this is an After-the-Fact situation and whoever took the liberty to add the platform did so without approval. The Commissioners asked if the platform violated any bylaws. Mr. Fitzsimmons stated that he would not accept the plan as presented due to the wording and because the plan does not represent what is there accurately. The Agent explained that he will look up the regulations and any bylaws that exist currently on platforms. The Commission recommended a continuance so Mr.
Slavinsky can redraw the plans and the information regarding platforms could be obtained. Mr. Slavinsky agreed and stated that two weeks would be plenty of time.
Motion made, seconded and unanimously carried for a Continuance until 02/21/2008 @ 7:15 p.m.
Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Melissa Brown
Board Secretary
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