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Conservation Commission Minutes 11/05/2009
Mashpee Conservation Commission
Minutes of November 5, 2009
Public Hearings
Mashpee Town Hall


Commissioners:  Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Lloyd Allen, Jeffrey Cross, Brad Sweet, Mark Gurnee, Leonard Pinaud

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

1)      Status Change of Commissioners (Brad Sweet and Leonard Pinaud)
        Agent McManus updated the status change of Brad Sweet to full time Commissioner and Leonard Pinaud to Associate Commissioner.  It was put on the November 9 agenda for the Selectmen’s meeting and both Commissioners will be informed when they can be sworn in.
2)      Debris Chipping and Removal at Jehu Pond CA (Mashpee Concom portion)
        
        
3)      Conflict of Interest Seminar:  11/6/09 @ 2pm Main Conference Room
        Agent McManus states that the seminar will be hosted by Pat Costello from the Town’s Counsel and there will be a mandatory testing of subjects reviewed.

4)      New Seabury Area 5 Conservation Restriction
        Agent McManus explains that the next step to the approval process is to sign off on the document package.  He reviewed the CR at the last hearing,  The bold-highlighted paragraph (re: the fragmented parcels and how they may be consolidated in the future depending on the outcome of New Seabury’s development plans) was discussed and it was also explained why Orenda had included it in the documentation.  Chairman Fitzsimmons asks if there are any questions and one of the Commissioner Jeff Cross states that he is still unhappy about the paragraph.  Agent McManus says that if anyone still has concerns and/or comments, they can forward them on to the Selectmen.  Mr. Sweet asks about the Witch Pond parcel that will be donated to Orenda and whether Conservation will have any jurisdiction. Agent McManus responds that Conservation’s jurisdiction will pertain to the wetland resource areas only (Witch Pond and any other wetlands) and Orenda’s reputation has always been to leave it as it is.
        
5)      Mashpee Conservation Lands Project List and Updates:

  • Quinaquissett Ave. storm drain riprap swayles completed:  The Mashpee River Woodland parcel on Quinaquissett Ave has a very steep inland bank leading down to a former wetland and eventually, the Mashpee River.  The wetland has been filled in over the years by accumulating sediment from road run-off.  BSC Group, on behalf of Mashpee DPW, presented a storm water control plan for this area (NOI approved by the commission) DPW added riprap swales at 3 storm drain locations on Quinaquissett Ave (each bordering the Mashpee River Woodlands)  A vegetated swale (rain garden) will be constructed at a storm drain location in close proximity to Shoestring Bay (across from Cotuit Bay Condos).
 
  • Quashnet River:  Agent McManus updated the Commissioners on a small repair project at the Quashnet Valley Golf Course in a location where a cart path goes over the Quashnet River.  There was a small area of exposed soil leading down the side of the cart bridge to the river and it was steadily eroding. He had recommended that they install riprap and fill it in to sure it up and keep sediment from getting into the river.  The riprap was put in place as recommended.
  • Santuit Pond Preserve/Santuit Pond CA: New gate and split rail fence:  There has been new signage and a new lock and pin on the gate to Santuit Pond Preserve as someone had cut the pin in half on the old one.  DPW adjusted the gate lock housing to prevent bolt-cutter usage.   The Santuit Pond CA (parcel adjacent to the preserve) has been used by ATV and dirt bike riders for a long time.  Agent McManus had requested DPW to bring in fill to re-grade a badly rutted area at the top of a small hill and add 2 large boulders to block off a couple of inroads that were wide enough for large vehicles to get through.  Also, Agent McManus requested authorization to purchase materials for a split-rail fence to stop ATV/Motorcross access to this portion of the parcel.
  • Mashpee River Woodlands:  Fitch Property:  Agent McManus states that this area could use some sprucing up with some plantings and hardscaping around the sign and possibly a fence inside the parking area.  The entrance to the trail could use stone steps as it is treacherous getting up the sandy incline leading to the trailhead.
  • Jehu Pond:  Entrance re-grading and vehicle access blocking near Abigail’s Brook:  The parking area has bent/warped fencing that needs replacing.  The entry way is in bad shape with approximately 0.5’ deep ruts that DPW can be asked to come in and re-grade.

  • Mashpee River Woodlands North:  New trail steps leading to western portion of parcel:  NStar had done some clearing on the easements which runs close to the Mashpee River and flush cut vegetation on a steep bank.  They did leave woodchips to prevent erosion but Agent McManus would like to re-establish the stairs and trail that lead to the river as NStar had covered both with the woodchips.
  • Harry DesRosier Parcel (MRW West):  Handicap access raised walkway:  Tom Fudala had mentioned that there are no parcels that are handicapped accessible and he suggested a raised walkway for this parcel because it leads right to the Mashpee River with a beautiful viewing area and benches.  It would make it the only handicapped accessible parcel in Mashpee.  The parking area could use some sprucing as well.
Mr. Pineaud asked if some of the graffiti could be removed from the signs at  Noisy Hole and Agent McManus says that he will be contacting Richard Pawlack who has done all of the conservation parcel signs and will ask him if he can do some touchup work.  Mr. Pineaud also mentioned Besse Bogs and was wondering if there was any word on moving the old buildings to make way for a parking area.  Agent McManus responds that he had contacted DPW and it is just a matter of scheduling.  

Mr. Sweet asks about gating Jehu Pond because since it has been cleared, there has been an increase in dumping.  Agent McManus states that he would like to install new gates, preferably with combination locks that can be changed, but he would need to consult with the Wampanoag Tribe and the Refuge Partnership.

6)      Formation of Sub-Committees:    
  • Conservation Lands (Quashnet bogs, AFCEE, land management, land stewards, projects, etc.)
  • Regulatory Review Committee (Ch. 172 By-Law)
Agent McManus suggested forming two subcommittees that can meet once a quarter or every other month to discuss and oversee management of conservation lands, particularly the Quashnet River/Bogs and AFCEE.  In regards to the Regulatory Review Committee, Agent McManus would like to start looking at other towns’ regulations to see if Mashpee can maybe implement new or revise old regulations.

7)      Christine Odiaga (DEP):  Regulatory Review Seminar
        Agent McManus explains that he received an email from Christine Odiaga, a Circuit Rider from the Mass DEP, who is doing a regulatory review for the Town of Harwich’s Conservation Commission and he thought it would be a good idea for Mashpee to be updated on a state level as well.


8)      ATV Updates:  Lipnosky Parcel and Jehu Pond Enterprise Article
        Agent McManus states when the Mass Fisheries & Wildlife went into Jehu Pond Conservation area and expanded the Fire Access roads in the interest of wildfire safety, which resulted an increase in dumping and ATV/truck activity.  Agent McManus and Jim Rassman, a Stewardship Coordinator for Waquoit Bay and also from DCR, did a site visit to the area and they used some of the debris that was dumped to create a temporary “block” for this type of activity.  Mr. Rassman also asked if some debris that was supposed to be cut and chipped on the fire access road that leads to Great Oak Road be picked up.  They have extra money from a Wildfire Grant that can be used to bring a chipper in.  Agent McManus has requested a vote for approval from the Commissioners.

Motion made, seconded and unanimously approved.


9)      Hunting on Conservation Lands
        Agent McManus explained that he is sending information to Brian Kehrl at the Mashpee Enterprise for an article regarding hunting on conservation lands which is currently allowed.  Mr. Sweet asks if it’s possible to post signs like “Warning - Hunting Season” so that it will inform visitors.  Agent McManus explains that hunters do have to adhere to all state setbacks such as 200’ from roads and 500’ from residential areas.  Agent McManus will also be sending information for an article concerning ATV use at some of the parcels.


Hearing Agenda

7:00 Steven & Cindy Adams RDA (370 & 370A Monomoscoy Rd) Demo / Rebuild two small cottages
        Lucinda Adams is the owner and is requesting determination to demolish and rebuild two cottages.  Septic system has been installed.

        Agent McManus confirms that it is in Flood Zone A but there is no change to the footprint.  Ms. Adams states that she does not know the condition of the foundations but anticipates the possibility that new foundations will be needed.  Agent McManus explains if the foundations need to be replaced or if there is any kind of excavating than this project will require a Notice of Intent permit.
        
Motion made, seconded and unanimously carried for a Negative Determination


7:03 David Bazerman NOI - SE 43-2585 (50 Cayuga Ave) Install 4 x 65 Seasonal Dock (cont’d from 9/03/09)
        Jack Vaccaro from Vaccaro Environmental Consulting represented applicant on behalf of Mike Borselli from Falmouth Engineering who had a scheduling conflict.  The applicant is seeking required permits for a seasonal dock that had been in use for years prior.  The dock is 64’ long although the previous dock was 8’ shorter but this will allow the dock to go further into deeper water thus avoiding prop-wash.  It was learned from earlier shellfish studies that this area of the pond has a pretty high density of rare freshwater mussels.  They recently received the Natural Heritage Conservation and Management permit with the condition that permanent concrete footings be used because Natural Heritage does not want any change of dock location from year to year.  Divers will need to be hired to temporarily to move the muscles while they install the footings.  Mr. Bazerman has agreed to fund an off-site mitigation project specifically targeting rare freshwater mussels.

        Agent McManus confirms that Mr. Bazerman had to go through standard procedures with Natural Heritage when involving rare freshwater mussels.

        Herbert Bickerstaff, an abutter, asked if there was a variance for the dock and Mr. Vaccaro explained that that is a Chapter 91 issue and this hearing is for Conservation permitting.  Mr. Bazerman states that the 25’ setback is used when feasible which Agent McManus confirmed.  

        Ellen Doyle, another abutter, stated her objection for reasons of safety when Mr. Bazerman docks his boat.  Agent McManus suggests that the Orders of Condition can include a stipulation that the boat always dock on portside unless weather permitting and she could contact the Harbor Master for water safety concerns.

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


Motion made, seconded and unanimously carried to adjourn the meeting at 8:25pm.


Respectfully submitted,



Kris Carpenter
Administrative Secretary