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Conservation Commission Minutes 12/17/2009
Mashpee Conservation Commission
Minutes of December 17, 2009
Public Hearings
Mashpee Town Hall


Commissioners:  Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Jeffrey Cross, Brad Sweet

Staff Present:  Conservation Agent - Drew McManus
        Administrative Secretary – Kris Carpenter


The meeting was called to order with a quorum by Chairman Fitzsimmons at 6:55 pm.

There was no public comment.

Pre/Post Hearing Agenda

  • Approval of Minutes from 11/19/09
Motion made, seconded and unanimously carried to approve the minutes of 11/19/09.

2)      Tribal Patrol on MNWR Partnership Lands (Vote)  
        The tribe is part of the Mashpee National Wildlife Refuge Partnership Group which is made up of many different ownership entities ranging from Orenda, State Federal Fish and Wildlife, DCR and a few other state Colas which encompasses the Quashnet Woods, Jehu Pond, Mashpee Pine Barrens and some of the more sensitive areas as well.  In an effort to dissuade illegal dumping, the Wampanoag Tribe has created a position where a person will go out and patrol each week throughout tribal and refuge lands.  Agent McManus states that it would be a good idea to put this up for a formal vote from the Commission.  The Tribe would like to have all partners agree to them having a patrol for the purpose of making their presence known and issue fines for illegal dumping.  Quan Tobey is the Natural Resource Coordinator for the tribe and his assistant Chuck Green are the contact people and they will organize a rotating patrol covering all partnership lands and provide monthly reports.  Chairman Fitzsimmons mentions that the Wampanoag Tribe is a Sovereign nation and believes that a formal agreement should be drawn up and Agent McManus is agreeable and will address at the next Town Council meeting.

Motion made, seconded and unanimously carried to approve subject to review by Town Council

3)      Updates:
  • Mashpee River Woodlands Wildfire Preparedness Grant:
  • Fire Access road is completed and the wildfire/urban interface area has been flagged for pruning.
  • A Gate ordered with a knox box to restrict access to the MRW fire access road.
  • Flagged area that was identified in the Wildfire Evaluation Report as the Urban Wildfire interface which is the buffer zone between the Woodland parcel and the abutting subdivision off Mashpee Neck Rd and a portion of Quinaquissett Ave.  DPW will be doing understory mowing along the flagged area.
  • State Ethics Board Exam – reminder that if you haven’t taken the test than please do.
  • New Chapter 172 Regulation #28 (Activities on Mashpee Conservation Lands) Refer to 173-1 thru 173-3 of the Town By-Law:  A while back, a hearing announcement was placed in the local paper regarding a list of activities and guidelines on Mashpee Conservation lands and a public meeting was held with no public comments. The Chapter 173 bylaw allows the Commission to adopt new regulations and amend and/or edit current regulations without going to town meetings or requiring approval from the state Attorney General’s office.  The only requirement is to advertise in the local paper and hold a public hearing with public comment.  Agent McManus will re-distribute the list because there are new Commissioners and there are new ideas and if there are no other comments, it can be added as Regulation 28 – (reserve) - Activities on Conservation Lands.
  • Mashpee National Wildlife Partnership Lands Meeting Updates:
  • Access road pruning:  Quashnet Woods / Grey Hay Rd.
  • Illegal dumping discussions:  Mostly communication between all the partners and also discuss creating subgroups to think about ideas about illegal dumping and what to do to prevent it.  The tribe is not enthusiastic about gates but Agent McManus suggests leaving gates open during the day and closed in the evening evening.
  • Americorps Application Sent in for Group Projects 2010:  The Americorp application was sent in as it is done every year.  This year there are a couple larger projects as in building some steps and trail maintenance at the Fitch Property at Mashpee River Woodlands.
  • New England Cottontail Seminar (WBNERR):  Agent McManus attended the New England Cottontail Training Session at Waquoit Bay Research Reserve.  They are looking for volunteers to go out after snowfalls and collect rabbit pellets in an effort to assess New England Cottontail habitat.
  • Santuit Pond Dam – Pulling a Board:  Agent McManus explains that he pulled a board to relieve pressure at the dam since all Herring Fry have exited pond.  The engineering firm of Weston and Sampson is working on a solution for the existing dam which has been deemed a significant hazard by the state Office of Dam Safety.
  • Chapter 172 Regulations and By-Law / 310 CMR 10.00 (The State Act):  Agent McManus is asking that all the Commissioners have a copy of the local and state regulations for each meeting so they can reference both any questions arise.  

Hearing Agenda

7:00 William Simmons NOI – SE 43-2598 (339 Monomoscoy Road) Septic Upgrade, Driveways, New Barn
        Jack Cauley represented the home owner and explained that they are proposing to construct a barn with a new stone driveway and to upgrade the septic system to a Title V system.  The Simmons would like to upgrade the septic system in anticipation of adding an office with a bathroom to the residence.  Mr. Cauley also recommended relocating the septic system with a new tank and pipe and pump to new location. The second part is the construction of a barn with a stone driveway on either side.  The barn will house a boat and garage with a 2nd story office.

        Agent McManus questions the need for two driveways instead of connecting the existing driveway to the proposed barn.  Mr. Cauley explained that the new driveway is proposed for the ease of boat storage. He also explains that there will be a planting plan forthcoming.  Agent McManus referred to Regulation 25 in regards to the planting plan.  A portion of this property is within flood zone A and a majority of the property falls in the buffer zone to flood zone A.  The agent pointed out that the Commission has the option to call for a planting equal to the square footage of disturbance.  The portion of the proposed project within flood zone A is minimal. The agent recommended mitigation plantings to be placed on the Little River side of the property in areas of observed eroding coastal bank. His recommendation to the Commission is to not waive the compensatory planting and have the planting done in the area of erosion as opposed to the buffer zone

Motion made, seconded and unanimously carried to Close and Issue with planting conditions.






7:03 Nathan Aronow RDA (207 Hooppole Road) Remove four trees & prune three
         David Chalker with Bartlett Tree Experts proposed to remove four dying trees and prune three others for safety reasons.  Bartlett will remove dead limbs and any branches that are overhanging the house.  Mr. Chalker stated that they will remove all cutting/pruning debris from the site and some will be used for firewood.

        Agent McManus states that this is a straight forward project and that the trees were clearly marked when he went onsite.  The trees are hazardous and he recommends the proposed removal and pruning.

Motion made, seconded and unanimously carried for a Negative Determination

7:06 Ron & Cheryl Bloom NOI – SE 43-2597 (176 Daniels Island Road) Demolish / Rebuild (cont’d to 1/7/10 @ 7:09pm)
        It was read for the record that the applicant requested a two-week continuance until 1/7/10 at 7:09 p.m

Motion made, seconded and unanimously carried for a continuance until 1/7/10 @ 7:09 p.m.

7:09 Tom Sadlemire RDA (62 Cayuga Avenue) Permit grandfathered dock
        Jamie Reagan is representing the homeowner as the owner is not available at this time.  Agent McManus states that this application is in response to a letter that was mailed out to all pond front homeowners a few months ago.  This dock is deemed a ‘grandfathered’ dock as it has been on the property for many years and the reason for application is to document the existing structure for the purposes of getting on record.  No work is proposed.  

Motion made, seconded and unanimously carried for a Negative Determination

7:12 Paul Gardner RDA (8 Sekonnet Drive) Install 30’ gas line in road to dwelling
        Paul Gardner is present after a 2 week continuance to supply the Commission with requested information regarding the proposed gas line installation at his home and details thereof.  Mr. Gardner supplied the following information:  The trench will be 24” deep, the pipe diameter is 1” plastic and the land material being removed will be used to fill back in with a small back hoe.  Flags will be a couple feet closer to the house thus further away from the pond edge at Johns Pond.

        Agent McManus states that he is confident that National Grid is using material suitable for the area.  The area has been heavily disturbed over the years and his opinion is that there really is no adverse affect from this project.  Mr. Gardner states that duration of work should be one day.
        
Motion made, seconded and unanimously carried for a Negative Determination

7:15    Seymour Yanoff NOI - SE 43-2599 (24 Wheelhouse Lane) Vista Pruning (cont’d to 1/7/10 @ 7:06pm)
        It was read for the record that the applicant requested a two-week continuance until 1/7/10 at 7:06 p.m. due to DEP waiting for paperwork and also clarification of the vista corridor.

Motion made, seconded and carried for a continuance until 1/7/10 at 7:06 p.m.

Motion made, seconded and unanimously carried to move to Executive Session at 8:10 pm

Respectfully submitted,


Kris Carpenter
Administrative Secretary