Mashpee Conservation Commission
Minutes of November 19, 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 10/22/09
Motion made, seconded and unanimously carried to approve the minutes of 10/22/09.
2) St. Vincent’s (Vinhaven) name chosen: “Pickerel Cove Recreation Area”
The subcommittee which consists of Wayne Taylor, Chairman Jack Fitzsimmons and Agent Drew McManus, reviewed over 50 names that were submitted and chose Pickerel Cove Recreation Area due to geographical location and use. Agent McManus asked for approval from the Commission.
Motion made, seconded and unanimously carried to approve the name selected.
3) DEP Correspondence in Mail Slots
Agent McManus mentions that there was correspondence placed in each member’s mail slots regarding the status of the Mass. Department of Environmental Protection and potential cut backs in the upcoming months, particularly the Circuit Rider Program which helps support on site and regulatory reviews. The agent asked the commissioners to send in or email comments and opinions about these cut backs.
4) Sub-committees: Agenda Topics in mail slots
Conservation Lands |
Regulatory Review |
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Agent McManus states that he placed information regarding agenda topics for the newly formed subcommittees in each mail slot to give ideas to what each committee should be concerned with. Each item will be addressed one at a time although there are no meeting dates scheduled as of yet.
5) Illegal Dumping: William Mingo Rd. (Johns Pond CA/DCR Land)
Slides
Agent McManus explained that there has been illegal dumping out by the Quashnet Bogs and Johns Pond Conservation. Five piles were discovered by Fire Rescue personnel. DPW has cleaned up the area on the Mashpee Conservation side and he will be meeting with DCR discuss ways to restrict access on their property where a majority of the dumping took place. Some evidence from the piles point to one address in Hyannis and was forwarded to the Mashpee Police, Town Clerk, DPW, EPO and DCR. Chairman Fitzsimmons suggests placing an article in the Enterprise.
- Get Well Card to John Rogers at Mass General
Hearing Agenda
7:00 Tamara Walker RDA (381 Great Oak Rd) Demo / Maintenance Pruning
Tamara Walker is representing the Bayview Condos and seeking a permit for ongoing maintenance and pruning of trees bordering the parking area which abuts a salt marsh. Pruning targeted to specifically overhanging tree branches and invasive vines on trees.
Agent McManus states this request is straightforward in which there is a salt marsh behind the parking lot and the Association is looking for simple maintenance/pruning of trees. The Osprey nest location is still undetermined and will be removed from this application and addressed at a later time.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Carol Augustyniak NOI - SE 43-2548 (52 Spoondrift Way) 8’ Wide re-planting (cont’d from 10/22/09)
It was read for the record that the applicant requested a two-week continuance until 12/03/2009 at 7:03 p.m.
Motion made, seconded and carried for a continuance until 12/03/2009 at 7:03 p.m.
7:06 Patricia Bell RDA (45 Popponesset Island Rd) Adding one story addition
Homeowner Steven Bell presented the project. Mr. Bell stated that he changed the application from a two story addition to a one story addition because of budgetary reasons.
Agent McManus would like to remind Mr. Bell that the leaching capacity only accommodates a 3 bedroom house and this addition must have a 6’ uncased entranceway, thus disqualifying it as a bedroom. The addition is being planned on an already hardscaped area and there is no impact to resource areas. The agent recommended a negative determination. Chairman Fitzsimmons raised concern about the retaining wall because the addition is very close but Mr. Bell states that they will be using a much smaller back hoe for the work and they shouldn’t have a need to take the wall down. Chairman Fitzsimmons told Mr. Bell to make sure the final plan is accurate.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Joseph Proctor RDA (41 Cranberry) Dock Maintenance/replace posts
Joseph Proctor is present and is filing an “after the fact” permit application for an existing dock that he has cosmetically repaired over the last few years.
Agent McManus states that Mr. Proctor has replaced some old posts using the same footprint. This is in response from the letter that was mailed to all pond front homeowners and Mr. Proctor would like to make sure his dock is in full compliance.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Robert Pritchard RDA (180 Captains Row) 10 x 12 Shed
Robert Pritchard is present and is seeking a permit to place a shed in the back of his property.
Agent McManus says that the shed is being placed where there will be no removal of native vegetation and the shed itself will be placed on ¾” blocks.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Jeremy Stevenson NOI - SE 43-2593 (431 Monomoscoy Rd) Demo / Rebuild
Jack Vaccaro from Vaccaro Environmental Consulting is representing the home owner. John Slavinski from Cape & Islands Engineering and Tom O’Neil (designer) are also present. They are looking to demolish a very small house and build a 5 bedroom home with a raised patio facing Great River. The new house will be pulled back away from the resource areas (salt marsh, coastal bank, minor coastal dune and Land Subject to Coastal Storm Flow) The existing house is within 50’ of the salt marsh and the proposed dwelling will be right at 50’. The structure will have 5 dry wells to accommodate anticipated roof run off and also an extensive mitigation planting of native shrubs.
Agent McManus states that the land is subject to coastal storm flow with a slight coastal bank and salt marsh. His only comments are that the 50’ set back mark from the coastal bank should be shown on the plan as it is the most landward resource area outside of flood Zone A, which encompasses the entire lot. The agent also pointed out that the NOI narrative says there will be no removal of native vegetation; however, the work limit includes an area that contains 5-6 pitch pines. The mitigation proposed more than makes up for it and actually enhances the buffer zone. Agent McManus would like to know if the patio will be raised. Tom O’Neil confirms that it is a raised patio terraced at different
levels with a number of steps from the front and side door. They are trying to work with the grade as it increases away from the water. Agent McManus states that the landscape plan does not have a lot of detail and would like a new one submitted with more detail and a planting narrative/methodology.
Motion made, seconded and unanimously carried to Close and Issue pending receipt of detailed narrative and planting/landscape plan.
7:18 Eric Peterson NOI - SE 43- (112 Wading Place) Home Improvements / Addition
Jack Vaccaro from Vaccaro Environment Consulting is representing this homeowner. This project is complicated because there are seven small additions, The resource areas are associated with Popponesset Creek and consist of flood zone A, a narrow area of salt marsh and coastal bank (most of which is by slope definition only). The additions will not affect the septic loading as there is no increase in quantity of bedrooms. One of the additions is a two story addition over the existing deck which will include a row of concrete piles along the edge of the deck. All the work is within the building footprint but will require excavation for the concrete piers.
Mr. Sweet mentions that according to the plan, some of the new deck additions look as though they are closer to the 50’ line. John Slavinski from Cape & Islands Engineering answers Mr. Sweet and states that a piece of the deck is being removed and then new will be added on.
Jack Vaccaro also mentions that they will be removing two maple trees that are leaning to the house and also a cherry tree that is potentially hazardous.
Agent McManus explains that the expansion to the footprint is very minimal to the resource area. The encroachment is on pre-disturbed lawn and if the Commission would like to see some mitigation to compensate for removed trees somewhere along the cove area, this would be a good opportunity to request it. Mr. Vaccaro states that they can include 6 bayberries along the edge of the lawn.
Motion made, seconded and unanimously carried to Close and Issue with the condition of plantings.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:50pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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