Mashpee Conservation Commission
Minutes of December 3, 2009
Public Hearings
Mashpee Town Hall
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Lloyd Allen, Jeffrey Cross, Brad Sweet, Mark Gurnee
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 11/05/09
Motion made, seconded and unanimously carried to approve the minutes of 11/05/09.
2) Commissioner Status Change: Swearing in with Town Clerk
Brad Sweet has been sworn in as full time Commissioner and Leonard Pinaud’s status has been changed to Associate as requested by Mr. Pinaud.
3) Willowbend Easement: Senior Project-Creation of Trail to Shoestring Bay (Rhiannon Maher)
Conservation received a letter from Rhiannon Maher, a senior at Mashpee High School, requesting permission to create a trail to Shoestring Bay as her senior class project. She will be asking for assistance from Mashpee DPW to help her create a 4’ wide pathway down a hill through very thick vegetation. She would like to name the trail Fast Turtle’s Run after her Grandfather, Fast Turtle, who was a member of the Wampanoag Tribe. Agent McManus would like to review with Catherine Laurent (DPW) and Ms. Maher to find out what exactly is needed, if anything, from Conservation. Mr. Allen mentioned that downhill trails have problems with erosion and Agent McManus states that that issue will be addressed through
proper trail construction. Agent McManus mentions that he will stay involved to assure that there is no impact to nearby wetland resources.
4) Santuit Pond CA – New Post/Rail Fence off Nobska Road
Agent McManus would like to update the Commissioners of the new post rail fence that DPW installed to block access to a hill that leads to the Santuit Pond Conservation area. DPW created “wings” at each end of the fence to block ATV access in the area. He had DPW place two boulders in the lower field to prohibit larger vehicles from accessing the parcel and dumping. A small entry area will be created for pedestrian access through the fencing.
5) New Form to Accompany Orders of Conditions
Conservation has implemented a new form into the Order of Conditions permit where the applicant is required to provide information in regards to disposing of waste products. The form asks if a dumpster is on site and what the name of the company that owns it; if not, than who will be responsible for disposal, contact information, registration number and phone number.
6) Mashpee River Woodlands Fire Access Road Complete. Update on Ground Vegetation Clearing
A fire access road has been created in the center of the parcel and has been gated. The signage will be going in within the next week and DPW will do underbrush clearing and identify wildfire interface. Agent McManus will then have to submit photographic evidence as to where and how the grant money was spent and the project results to Cape Cod Cooperative Extension.
Agent McManus explains that John Rogers is still in the hospital and asked the Commissioners for a small donation to purchase flowers or fruit basket and a card to be delivered.
- Agent Vacation (12/28 – 12/31/09)
Agent McManus will be on vacation from December 28 thru December 31, 2009.
The latest correspondence from AFCEE regarding FS-1 treatment has been sent out and there was a small detection of EDB (Ethylene Dibromide) in K-6. Agent McManus will be following up with AFCEE.
10) Lou Seligowski
Lou Seligowski is present and he is interested in becoming an Associate Member of the Conservation Commission. Mr. Seligowski has been a Mashpee resident for the last 15 years and has recently moved to the New Seabury area approximately 1 ½ years ago. He works full time and his recent past experience as a general contractor for 15 years building houses in the central Massachusetts area. For the last ten years, he has been involved with Verizon and their DSL service. He has been living on the water in New Seabury has become very much concerned and involved with Mashpee conservation areas and natural resources.
Hearing Agenda
7:00 Save Popponesset Bay Inc. NOI – SE 43-2561 (0 Wading Place Rd) Drift Fences (cont’d from 10/8/09)
Rich Bailey, a resident at 190 Waterway and also the Executive Director of Save Popponesset Bay, is present to represent the project along with Norman Hayes from BSC Group. The two objectives that they are looking to accomplish from this project are to preserve the Spit, protect the barrier island and to keep the waterways of Popponesset Bay navigable. They have worked with Dr. Scott Melvin from Dept. of Fisheries and Wildlife and Dr. Rebecca Harris who is the head of Coastal Water Group Programs at Mass Audubon to work out challenges with the spit and receive their concurrence that some actions need to be taken to preserve the spit.
Norman Hayes stated that on the tip of the spit, there is an area of island which is about 4.8 acres and is owned by Mass. Audubon; The rest of the spit, up to 0 Wading Place Road, is owned by The Save Popponesset Bay Org. The Natural Heritage and Endangered Species issued a letter to the Commission stating that the plan, as proposed, will not constitute a take of endangered species and because of that, the Commission can proceed and issue an Order of Conditions. The fence is 45º zig-zag with 4 x 4 posts, 2 x 4’s and the slats are 6” on center and are 2 x 3. They hold up extremely well as they have with two other towns (Wellfleet and Truro) where the fences have been installed. One area of the spit
is designated for re-vegetation with Bayberry and Ammophila.
Agent McManus asks how deep the posts are buried and Mr. Hayes responds that they will be hand dug down -4 ft from the surface (8’ posts). Agent McManus continues to state that this project is to protect and enhance the existing resource areas in the spit. He would like to make clear that the time frame set forth by Dept. of Fisheries and Wildlife are adhered to so as not to disturb any shore bird nesting season. Mr. Hayes also confirmed that there will be no heavy equipment being used because everything is being done by hand. He also stated that the project will start immediately after the 10 day appeal period to the issuance of the Order of Conditions and all equipment will be removed from the site before
April 1. Chairman Fitzsimmons asks if they plan on putting any vegetation in the wash over areas and Mr. Hayes says that they are not allowed as shown as one of the requirements by Natural Heritage.
Motion made, seconded and unanimously carried to Close and Issue.
7:03 Carol Augustyniak NOI - SE 43-2548 (52 Spoondrift Way) 8’ Wide re-planting (Withdrawn 11/24/09)
Agent McManus stated that the applicants have asked to withdraw the application.
Motion made, seconded and unanimously carried to accept the Withdrawal. ~
7:06 Paul Gardner RDA (8 Sakonnet Drive) 30’ Gas line along road and to dwelling
Paul Gardner is present and explains that he would like a gas line installed to his house so that he can convert from oil to natural gas.
Agent McManus states that this is a pretty straight forward request but he would like to see some methodology of the implementation of the gas line from National Grid supplied to us. There is no BVW even though it is within 5-10 feet of the water’s edge and there is no work taking place in a resource area. Based on receiving the information from National Grid, taking all erosion control measures and making sure that any disturbed areas are restored, he would recommend a negative determination unless the Commissioners would prefer a continuance. The Commission asked that this be continued two weeks until information is received from National Grid and Mr. Gardner agreed to the continuance.
Motion made, seconded and unanimously carried for a continuance until 12/17/09 @ 7:12 p.m.
7:09 Michael & Judith Welch NOI – SE 43-2595 (277 Monomoscoy Rd) Existing retaining wall, fill, gravel)
Attorney Kevin Kirrane is representing the homeowner and is requesting permission for an existing retaining wall to remain. The wall is, at its highest point, 3’ and tapers to existing grade as it continues toward the bulkhead. To remove the wall would create major problems as the septic system and most of the utility lines are within that area. The septic system and leach fields are set in sand and the wall serves to hold all the material back. The wall also assists in retaining water runoff that could be generated from the property and if the wall was removed, it would cause the property to slope towards the property line. He would also like to point out that the wall meets the performance
standards for projects within Land Subject to Coastal Storm Flow (LSCSF- Ch. 172 By-law).
Jack Landers-Cauley states that the entire application is the approval of the existing retaining wall and the placement of gravel in the area once occupied by concrete pavers. In addition, they are seeking approval for the previously placed 1½’ of fill behind the retaining wall and a lawn with steps and cypress trees.
Agent McManus states that the project has no impact on performance standards for LSCSF. The retaining wall will not affect the water flow. An abutter originally was concerned about the potential for runoff but the homeowner’s consultants showed that runoff patterns are in the opposite direction of abutters home. There was an enforcement order issued on this property but he has consulted with DEP and believes that this NOI addresses the original concern of the enforcement order adequately. He recommends that the enforcement order can be closed and a “close and issue” on this NOI for existing conditions.
Motion made, seconded and unanimously carried to Close Enforcement Order.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Cindy Adams NOI – SE 43-2596 (370 & 370A Monomoscoy Road) Demo / Rebuild two small cottages (cont’d to 1/7/10 @ 7:03pm)
It was read for the record that the applicant requested a continuance until 1/7/10 at 7:03 p.m.
Motion made, seconded and carried for a continuance until 1/7/10 at 7:03 p.m.
7:15 Ron & Cheryl Bloom NOI - SE 43-2597 (176 Daniels Island Road) Demo / Rebuild (cont’d to 12/17/09 @ 7:06pm)
It was read for the record that the applicant requested a two-week continuance until 12/17/2009 at 7:06 p.m.
Motion made, seconded and carried for a continuance until 12/17/2009 at 7:06 p.m.
7:18 Collette Shaw RDA (84 Lakewood Drive) – Title V septic upgrade (Commissioner Ralph Shaw recuses himself)
Darren Myer is representing the homeowner and they are requesting a septic upgrade. The property abuts Mashpee Pond and they are making every effort to keep components outside of the 100’ buffer zone from the top of inland bank. The work inside the buffer would be the associated pipe that connects the house to the tank.
Agent McManus states that this is a straightforward project moving an old tank and providing a new location further away from the top of the inland bank and he would recommend a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination
Motion made, seconded and unanimously carried to adjourn the meeting at 8:06pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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