Mashpee Conservation Commission
Minutes of October 22, 2009
Public Hearings
Mashpee Town Hall
Commissioners Present: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Lloyd Allen, Jeffrey Cross, Mark Gurnee, Brad Sweet
Staff Present: Drew McManus – Conservation Agent
Kris Carpenter – Administrative Secretary
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) Approval of Minutes from September 3, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of September 3, 2009
2) Approval of Minutes from September 17, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of September 17, 2009
3) Naming Contest: Vinhaven Parcel (Sub-committee)
Agent McManus discussed the Naming Contest for the St. Vincent’s parcel and it was recommended that a subcommittee be formed that would consist of Agent McManus, Chairman of the Commission and Wayne Taylor (Selectman) to review the names
4) Commissioner Status (Len Pinaud)
Leonard Pinaud had sent an email stating that he will not be available for some of the meetings due to scheduling conflicts as he has taken on some different hours with DEP and some family obligations as well so he has requested for Associate status and an Associate Commissioner move to full time. Associate Commissioner Brad Sweet volunteered to take on full time status. The Selectmen will need to officially approve the changes of status for both commissioners at their next available meeting.
5) Mike Richardson (Peninsula Council – Hook Pond Bridge)
Mike Richardson is presenting on behalf of the New Seabury Peninsula Council and would like to discuss removing a pedestrian bridge at Hook Pond that was built by a homeowner several years ago and is now in disrepair. Agent McManus states that he had asked Mr. Richardson to come before the Commission so that they could decide if this should be a permit-able project since the bridge does go over a wetland. Agent McManus recommended issuing an emergency certification for bridge removal given the immediate safety concerns.
Motion made, seconded and unanimously carried to issue an Emergency Certification.
6) AFCEE/Quashnet Bogs
Agent McManus explains that he recently received an email from Mike Minior of AFCEE asking where the Commission is at with the Quashnet Bogs since RFPs to prospective cranberry growers were sent out. He states that it is time to decide what to do with the Bogs at Quashnet. Agent McManus states that something needs to be done about the berm failure at the Quashnet River. The consulting firm of Haley & Aldrich submitted their feasibility study which shows three different scenarios to address the berm failure; (1) leave it alone and maintain existing conditions, (2) do a partial river re-alignment or (3) do a full river re-alignment to the another location in the bog system to improve flow, cool water temperatures
and make the river more suitable for sea run brook trout, which is MA Fish and Wildlife’s main concern. AFCEE is still obligated to return the river where the bog blew out to its pre-existing condition. AFCEE will continue their cleanup efforts of the FS-1 plume for several years to come.
Agent McManus is asking at this time if the Commission would like him to go back to Mike Minior and ask him to present a plan as to how they are going to restore the river at the berm blowout location. Agent McManus states that all the information from reports and water quality studies are on CD and in hardcopy at the Conservation office.
Hearing Agenda
7:00 National Grid, RDA (Rte 151 / Nathan Ellis Highway) Coated Steel Gas Main Replacement
Brad Malo from Coastal Engineering is representing National Grid. This project is a continuation of the gas main replacement from west of Old Barnstable Road and to the westerly extent of James Circle. It is a proposed 12” gas main to replace the existing main. A project of this type would last several weeks. It is a very similar type of project that was done last fall/early spring. They will post hay bales along certain areas where there is close proximity to wetland resource areas.
Mr. Cross asks what the specification of the material is and Mr. Malo does not have that information at this time. Chairman Fitzsimmons recommends that the information be provided.
Agent McManus states that it is pretty straight forward project as all the work is within the existing road layout. He recommended a negative determination.
Motion made, seconded and unanimously carried for a Negative Determination.
7:03 Richard Howley, RDA (184 Daniel’s Island Rd) Installation of Aluminum Fence)
Mario DeGregario and John Slavinski (Cape & Islands Engineering) are representing the applicant. They are proposing to install a 52” high aluminum fence. The fence will be anchored by 6” diameter sona tubes which will be placed every 8-10’. The landscape is stable in the proposed area so there is little chance that sona tubes and a light weight aluminum fence will have any impact to the coastal bank. There will be 6” free space beneath the fence to allow for the passage of wildlife.
Agent McManus agrees with Mr. DiGregario as he believes that there will be no impact. There is no removal of any existing vegetation to accommodate the fence on a coastal bank.
Motion made, seconded and unanimously carried for a Negative Determination.
7:06 Carol Augustyniak, AOC – SE 43-2548 (52 Spoondrift Way) 8’ Wide Re-planting Zone (Continued to 11/19/09 at 7:03pm)
It was read for the record that the applicant had requested a two week continuance until 11/19/09 at 7:03 p.m.
Motion made, seconded and unanimously carried for a Continuance until 11/19/09 at 7:03 pm at the request of the applicant.
7:09 Robert LaCava, RDA (228 Fells Pond Way) Patio / Walkway & Remove hazardous Trees)
Bob LaCava is present and he explains about a slate patio installed in his backyard and he did not realize that he was within conservation jurisdiction due to the abandoned bog abutting his backyard. He would like to bring it into compliance and obtain approval as well for the removal one dead tree and two other hazard trees that are very close to the house.
Agent McManus states that when he had a site visit with Mr. LaCava, he informed him of the jurisdiction in regards to the abandoned cranberry bog off of Fells Pond. Chairman Fitzsimmons mentions that when he looked at the property back in the spring, he was certain that there were trees cut down that were on the edge of the bog. Agent McManus says that he has recommended to Mr. LaCava, during the on site, to have some plantings put in along the embankment where it leads to the bog to enhance the buffer. This would act as mitigation to any clearance of trees.
Motion made, seconded and unanimously carried for a Negative Determination.
7:12 Kenneth Luckraft, NOI – SE 43-2590 (17 & 23 Canonchet) Construction of 3 Bdrm Single Family Dwelling
Kenneth Luckraft is present and is asking permission to construct a 3 bedroom single family home which includes all utilities, denitrifying septic system, vista pruning, a 4’ wide pathway and motor coach parking. The project will locate the septic system as far away from Cattaquin pond as possible while adhering to all required setbacks. Double staked hay bales and a silt fence will be installed along the limit of work as a means of erosion and pollutant control.
All runoff will be contained within the property lines. Every effort will be made to replace the total area disturbed. The area of proposed replacement is 3700 square feet. The area of lawn to be installed will not exceed 10% and it will be 6” of loam with a grass species of Fescues and Ryes. Proposed vista pruning will be 25% of the 125’ of frontage. The 4’ path shown on the plan is approximate and will be routed around the existing trees.
Agent McManus states that this proposal was pretty thorough and confirmed that he did meet with Mr. Luckraft a number of times both on site with his engineer and in the office. Mr. Luckraft has made every effort to avoid encroachment into the first 50’ of the buffer zone of Cattaquin Pond. The denitrification system is required because the lot is located in a zone 2 water recharge area. In regards to the RV parking spot, it is outside the 100’ buffer zone to
Cattaquin Pond and thus outside of conservation jurisdiction. Agent McManus recommended a close and issue of Order of Conditions.
Motion made, seconded and unanimously carried to Close and Issue.
7:15 Patricia Smith, NOI - SE 43-2591 (66 Spoondrift Way) Retaining Wall and Bluestone Treads
Jay Dimaris from Duxbury Gardeners is representing the owner. He is looking for permission from the Board to re-landscape, build a retaining wall and deck work. The plans of a segregated block wall will be constructed on an existing lawn so that the vegetation on the will not be disturbed. They would like to level the lawn with the block wall. They will be bringing in about 150 yards of material (clean fill), build the grade up to the top of the wall for drainage, 6” of top soil and sod with a fescue rye mixture to prevent erosion. They will be removing the existing driveway in the front of the house and will transplant the hedge that is currently around the driveway. The driveway is crushed stone
outlined with cobble stone but will be squared off using pavers set in stone dust.
Harry Capone (contractor) reviewed the deck work. Agent McManus states that all the changes that are taking place are in pre-disturbed, landscaped or hardscaped areas and the deck is a non-concern as it is the same footprint with some minor modifications. The changing grade of the lawn with the addition of the retaining wall is a good in terms of to control runoff. He viewed this project as an upgrade and recommended a close and issue of Order of Conditions.
Motion made, seconded and unanimously carried to Close and Issue.
7:18 Laurence & Laurie Gerber AOC - SE 43-2562 (30 Ockway Bay) Extend Walkway to 40’ x 4’
John Slavinski is representing the home owner. He explains that they were here previously for this applicant for a major project which included home additions, vista pruning and plantings. At that particular time, they had applied to extend a 24’ walkway from the dock
Agent McManus states that the pier does not come close to the existing pathway. He would certainly recommend a raised walkway through the portion that is saltmarsh to protect any trampling of the Spartina Grass. He recommended an approval of the amended orders.
Motion made, seconded and unanimously carried to Approve the Amended Order as proposed
7:21 5 Point Road Realty Trust, NOI - SE 43-2592 (5 Point Road) Vista Pruning
John Slavinsky is also representing the owner for this project as well which involves a 25’ corridor vista pruning at the wetland and tapering back to the house which will be 20’.
Agent McManus states that this is a typical vista pruning application and as with all vista pruning projects, it will go inline with our 30% of pruning of the limbs and trees 5” of caliber or greater, up to 20% removal of saplings and shrub level vegetation to be maintained down to a height of 5’. He would recommend a close and issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:24 AJL Lacava Realty Trust, AOC - SE 43-2563 (Quashnet Valley Country Club) Relocate Practice Greens
Jack Vaccaro is representing the applicant and is proposing a tee and practice green relocation. There is very extensive bordering vegetated wetland area associated with the Quashnet River. There is a 7000 sq. ft. putting green that will be moved closer to the club house and reduced in size to around 4000 sq. ft.
Agent McManus states that it is pretty straightforward as all proposed work is taking place on an existing fairway and would recommend an approval of this amended order.
Motion made, seconded and unanimously carried to Approve the Amended Order as proposed
7:27 Cape Cod Conservation Trust – The Compact / Restrictions
Agent McManus explains that this is a proposal for a Conservation Restriction of an area that is owned by New Seabury Properties known as Section 5. Paula Goldberg from the Compact of Conservation Trust and Larry Carr from New Seabury properties are here to address any questions that the Commissioners have. Chairman Fitzsimmons comments that it will be very difficult for the Commission to endorse this proposal as the narrative was severely lacking in the description to what was proposed and the plans were difficult to read.
Lawrence Carr, Director of Development for New Seabury Properties, would like to address Chairman Fitzsimmons questions. New Seabury Properties and Cape Cod Commission were in litigation for a period of 3.5 years from 2002-2005 and in May 2005 they reached an accord with Cape Cod Commission and it became an Agreement for Judgment which is an Order of the Court. Among the requirements of that Agreement for Judgment, New Seabury Properties grant the Conservation Restriction on these 21 acres within section 5. The areas, because they are fragmented, would be preferable in terms of habitat value were the land area that is represented aggregated into either a single parcel The bold paragraph on the CR does state their
willingness at a future date, if their plans allow for it, to consolidate some of these fragmented parcels and append them to one of the larger parcels where they would add value and improve habitat quality. Chairman Fitzsimmons asks why not now and Mr. Carr explains that this document is part of the Agreement of the Judgment and it is tied to the requirement that they dedicate these specific 21 acres To change it, they would have to amend the Agreement for Judgment and that would require going back to court. Also, they do not know what their plans are for this area for terms of development and that would dictate which areas are to be set aside as CRs
Paula Goldberg from the Compact of Conservation Trust explains that as Mr. Carr mentioned when New Seabury Properties came to Orenda and presented these parcels, one of the concerns was the fragmented nature of the parcels. It was suggested that they should add a paragraph that makes it very clear that they are anticipating the possibility of having an amendment for that specific purpose. Within that highlighted paragraph, one of the conditions is that there needs to be a net increase in conservation values. The reason that this paragraph is in the Conservation Restriction as it is very important because to amend a Conservation Restriction is not an easy task and it would require exactly the same process as placing
the original CR. Chairman Fitzsimmons states again that he does not like that paragraph and Ms. Goldberg says that the paragraph is very important to Orenda. Orenda does not typically have conservation restrictions on development parcels but they are doing it for a number of reasons, primarily because New Seabury is going to donate to Orenda a parcel called the Witch Pond Parcel which abuts Section 5. It is an important habitat parcel as it is part of the Mashpee Wildlife Refuge with Abigail’s Brook running through and has a lot of connectivity with other conservation areas.
Mike Richardson, a resident in New Seabury, states that there is a path that they maintain and he would like to continue to use and maintain it. Ms. Goldberg responds that the Conservation Restriction specifically allows New Seabury Properties to maintain and use the paths. The reason the Conservation Restriction had to do that because in certain places, the paths crossed over Conservation Restriction areas. Agent McManus states that it is language specific in the CR and it does mention that New Seabury has the right to maintain paths.
Agent McManus recommended that the Commissioners send him any additional questions or comments regarding this CR. Mr. Carr does not have to be here in person. Agent McManus asks if it would be more convenient for the Commissioners to delay the signing until the November 5 hearing. Chairman Fitzsimmons states that the signing of the document will be placed on the November 5 hearing agenda (as post hearing item).
Motion made, seconded and unanimously carried to adjourn the meeting at 9:20pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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