Mashpee Conservation Commission
Minutes of September 3, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, John Rogers, Lloyd Allen, Leonard Pinaud
Also Present: Conservation Agent - Drew McManus
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) Administrative Approval for 8 Chart Way SE 43-2557
Peter Brennan, Design Director for Environmental Pools, is the representative for the applicant and he has made a design change which he feels is a better fit for the client. He created a more free form design and instead of a 4’ concrete apron/walkway on the ocean side of the pool, he would like to do a natural stone edge. It will be more natural looking with an interior pebble finish which will simulate the color of the creek. Mr. Brennan is also adding an 8’ diameter spa where the patio was going to be. He states that he is not adding any footage and possibly reducing, and he is not going outside the bounds of the original plan.
Agent McManus states that it is pretty straight forward as long as the changes are within the existing footprint of the pool/patio, he does not see any adverse effects from the change. Mr. Pinaud asks Mr. Brennan if he will be reducing the footprint with the change of the concrete and Mr. Brennan confirms that they will be matching the contour of the pool with stone rather than concrete. Mr. Brennan would also like to state that they will be using a cartridge filter with a salt system and does not require any backwashing. There is no hard chlorine in the water as the salt system produces a natural chlorine gas using ultra violet light.
Motion made, seconded and unanimously carried to approve the Administrative Approval as proposed.
2) Approval of Minutes from July 9, 2009 (date in error and will be corrected to Approval of Minutes from August 6, 2009 at the September 17 meeting)
Motion made, seconded and unanimously carried to Approve the Minutes of July 9, 2009.
3) Vinhaven Parcel Usage for Fire Department Training
Chief Baker from the Fire Department had requested at the Department Head meeting that he would like to use the Vinhaven parcel for training for his firefighters. They will be clearing the main road, all the way to the pond where it meets some of the old buildings. Mr. Pinaud asks if they will be clearing the brush mechanically and Agent McManus confirms that they will as it will be scenario training – hypothetically the buildings are burning deep into the parcel and the scenario is to see how quickly they can get through, cut the brush and get to the fires. Agent McManus states that this will actually be a benefit for us because they will be clearing the foot passage while they are doing their training.
Chairman Fitzsimmons would like to clarify that there will be no burning and Agent McManus confirms that there will not be any actual burning.
4) Vinhaven Name Contest
The Town Manager and Selectmen had suggested that because of the way the Vinhaven parcel had been purchased, [debt exclusion and community preservation funds], that we have a naming contest where all of the town will be involved. We will place an ad in the paper, notify the high school and post on our website. All of the submissions will be sent to our office. Vice Chairman Shaw asks who the judges will be and Agent McManus assumes that the Commission and Selectmen will be but he is unsure and will confirm with the Town Manager. Mr. Pinaud asks what the criteria will be and Agent McManus responds that it can be anything.
5) Comments from Chairman
Chairman Fitzsimmons would like to suggest that it be mentioned to the Town Manager to possibly leave a light on at the exit in the front of the building. It was very dark after a meeting the other night and could possibly pose a hazard.
Also, Chairman Fitzsimmons mentions that there were two of the Commissioners at the Land Steward Meeting on Tuesday night which was the second meeting but he would really like to see more attendance of the part of the Commissioners. He explains that this is a very important program that we had a late starting and is really starting to pick up speed.
6) Assistant Agent
Agent McManus states that unfortunately there will be no Assistant Agent for 2010 as he received word this week. Due to the $330K shortfall for Fiscal 2010, one of the measures to make up for this is not to eliminate the position but to not fill it for 2010. They will consider it for 2011 depending on what the budget outlook may look like. He believes that things are going well in the office and we are obviously catching up on a lot of stuff from the back burner.
7) Johansen Dedication
Agent McManus would like to thank a couple of people even though they had done it at the dedication ceremony but he would like to thank them again for their involvement in the John Johansen Memorial. He would like to thank Manny Cabral from Ron’s Excavating as he was the person who donated the boulder for the plaque, Brian Casey from Casey Landscaping for the trail work and landscaping around the boulder and Cape & Island Engineering for the plaque. He would
also like to thank Bob Sherman for coming up with the wording on the plaque and Americorp for creating the trail. Everyone did a great job and it looks fantastic.
Hearing Agenda
7:00 Stephen & Katherine Howe, NOI - SE 43-2584 (76 Spoondrift Way) Demolish / Rebuild
Jack Vaccaro from Vaccaro Environmental Engineering is representing on behalf of the applicants. Also present are John Slavinski of Cape & Island Engineering and Michael Talbot of Talbot Ecological Landscaping who are both prepared to answer any questions regarding the design of the project and any mitigation. Mr. Vaccaro explains that this is actually two adjacent lots on Spoondrift Way which one is being occupied by the single family residents and the other is vacant. A few years back, the Commission did review and approve a four bedroom home on the vacant lot and a permitted dock which the owners did secure a Chapter 91 license but neither of the improvements had been undertaken. The two separate lots
combined are about one acre and the owners would like to tear down the existing single family dwelling and build a substantially larger home that would extend across the lot lines. In terms of resource areas, the property does border Popponesset Creek. There is a salt marsh along the edge of the creek and the land rises up fairly rapidly from there so you don’t see a bordering vegetated wetland landward of the salt marsh, but there is a coastal bank that is rather thickly vegetated. It is a stable and non-eroding coastal bank providing stability during storm damage and flood control. The existing house is very close to the resource areas, within 50’ of the salt marsh boundary and very close to the coastal bank. The new house is proposed to occupy a much of the same footprint. It will extend to the south into areas that were previously maintained as lawn, although the property has been vacant for a couple years so the lawn is fairly
overgrown, and then extend a little bit into the wooded area of the vacant lot. The proposed rear deck is occupying much of the same area as the existing deck but will, in one area, get slightly closer by exactly one foot to the top of the coastal bank. The existing deck has a 32’ set back and they are asking for 31’. Mr. Rogers asks if the lot is one now and Mr. Vaccaro explains that it is still two lots so they feel the concept of a second home on this property could still be revived.
Agent McManus has a couple of issues that he has questions on. The portion of the proposed dwelling, that goes off to the right side of the existing house, looks as if it goes into the wooded buffer resulting in quite a few trees removed. According to the plan and when he went out there, the one stake that is labeled house corner and another that is deck corner makes it look like the deck is extending further out than a foot in some areas. Mr. Vaccaro asks if Mr. Slavinski can point out the deck corner and he states that it is Stake E. The one foot that they had mentioned earlier is the closest point to the resource area and that probably will not happen because in the last week, according to Town Council, if they
do this than they will need a variance so they will leave it at 32’. Chairman Fitzsimmons asks who it was that objected to the plans and Mr. Slavinski states that they received word after the plans were filed that they were going to ZBA as a finding, but apparently a ruling has come down and even though it is non conforming, meaning that it is less than 50’ to wetland, and that they go from 32’ to 31’, it would be a variance and they won’t get it. Basically, the plan is filed at 31’ and they are not going to be able to do that so they will keep it at 32’. Chairman Fitzsimmons asks if we will need new plans and Agent McManus confirms that we will. Agent McManus states that he would like to go back out to the site to be able to get a better idea to see how much actual woodland vegetation would be removed as a result of the project and see staking at the top of the coastal bank that due to time constraints, they were
not able to be completed. They did stake the salt marsh, which was a requirement, but he would like to see the coastal bank staked also to get a better idea of what the set backs are. Agent McManus’s recommendation, coupled with the fact that a new plan is required because this one submitted will not be the plan of record, is to request a continuance. Mr. Allen asks if any portion of the house is under elevation 11 because the corner looks like it is and Mr. Slavinski responds that it is not and that the coastal bank is at elevation 12. Chairman Fitzsimmons asks if there is anything in the landscaping plan that needs to be addressed now because of possible controversy and Mr. Vaccaro suggests that he would like to since Mr. Talbot is present but the Chairman states that he does not want to spend a lot of time on it because it will be reviewed again at the next meeting and he wants to know if there is anything controversial. Mr. Vaccaro states
that there is room to provide the mitigation required by regulation, but if anything, the amount of mitigation will be slightly reduced because the record plan will be pushed further back from the resource area.
Motion made, seconded and unanimously carried for a Continuance until 9/17/09 at 7:15 pm at the request of the applicant.
7:03 Linda Bird, RDA (9 Tulip Shell Way) License Existing Dock
Robert Bird is present and states that he and his wife purchased the property almost three years ago and are trying to get the dock licensed and permitted in their name for insurance reasons or anything else. They were not aware that the dock was not permitted and they have not done any work to it. Agent McManus states that it was a grandfathered dock originally on Seconset Island but work has been done to it, some piles were replaced and floats resurfaced. This was done over two years ago and DEP has a statute of limitations on inherited violations that have passed so that is the reason that this is not a NOI. It is an RDA for the purpose of just permitting an existing dock. Chairman Fitzsimmons asks
if there are any questions from the Board or the audience and there were none.
Motion made, seconded and unanimously carried for a Negative Determination.
7:06 John & Catharine Brennan, RDA (38 Fiddler Crab Lane) Irrigation System
Mike Pimentel from JC Engineering with Dan Jenson are representing the applicant. This project entails the installation of an irrigation system located mostly in the back yard and a couple of lines on the side and front yard of the property. In addition to that, they are proposing a mini depressed grass swale located on the right side of the dwelling to direct the storm water runoff away from the home as it currently stands today, water essentially puddles behind the building.
Agent McManus mentions that this may seem familiar to the Commissioners as this came as an RDA a few months ago and he had requested at that time to see more definitive plans showing the sprinkler system. As the photo shows, the grass goes right up to a vegetated berm with a salt marsh behind that. The berm is probably 4 or 5 feet wide and is elevated so it provides a clear separation from the grass to the salt marsh. Agent McManus asks if they plan on using any type of fertilizer and Mr. Pimentel answers no and Agent McManus then asks him if they were to condition that into the permit, would it be a problem which Mr. Pimentel states that it will not be. Agent McManus asks how many sprinkler heads and Mr. Pimentel
states 15 and the Agent then asks if perhaps they can be drawn onto the existing plan to show where they are. Mr. Pinaud asks about the drainage swale and if the water now runs to the adjacent property and Mr. Pimentel states that it does not, it runs around the back corner of the house to underneath the deck and actually into the basement. The water comes from the street and puddles at the base of the house and gets in through the sliding door. Agent McManus points out that the driveway slopes downhill and slightly contours towards the deck. Mr. Pinaud asks Agent McManus if the swale is acceptable in which he states absolutely. The water will run down and directed away from the house and more towards the back. Chairman Fitzsimmons asks if anyone else would like to comment on this application.
Motion made, seconded and unanimously carried for a Negative Determination pending revised plan.
7:09 Save Popponessett Bay Assoc., NOI - SE 43-2561 (0 Wading Place Rd.) Construction of drift fencing on Popponessett Spit (Continued from 8/20/09)
Agent McManus states that they are still waiting for a letter from Natural Heritage and have requested a continuance to October 8.
Motion made, seconded and unanimously carried for a Continuance until 10/08/09 at 7:00 pm at the request of the applicant.
7:12 David Bazerman, NOI – SE 43-2585 (50 Cayuga Ave.) Install 4’ x 65’ Seasonal Dock
Falmouth Engineering requesting a continuance to November 5 as they have not received comments from MESA.
Motion made, seconded and unanimously carried for a Continuance until 11/05/09 at 7:00 pm at the request of the applicant.
7:15 Jeffrey & Susan Rutchik NOI – SE 43-2586 (One Waterline Drive) Demolish / Rebuild
Jack Vaccaro from Vaccaro Environmental Engineering is representing on behalf of the applicants. Also present are John Slavinski of Cape & Island Engineering and Michael Talbot of Talbot Ecological. This is a similar project as the previous (76 Spoondrift) as it does involve the demolition and reconstruction of a single family home and bordering Jehu Pond. It is different from the land points with a much more gradual sloping of land from the water front. There is a salt marsh and bordering vegetated wetland but there is no coastal bank. The property is in a low lying area with the entire site in a 100 year flood zone. There is a coastal bank that occurs in the area of the septic system
although it is an artificially created coastal bank that is a result of the grading around the mound of the existing septic system. This is a case where it is a four bedroom house that will be replaced with a four bedroom house and they will use the same existing denitrifying septic system but will have to shift the pump chamber and denitrification unit slightly so that it is moved away from the proposed footprint of the garage. They will not be getting closer to the resource areas but will actually be moving further back. Currently, the closest separation is 38’ and the new structure is 42’ from the corner of the proposed deck. When the calculation is done to determine how much mitigation is appropriate, they find that it is slightly over 150 sq. ft. requirement and the applicants are willing to be very generous in offering almost 600 sq. ft. adjacent to the bordering vegetated wetland. Agent McManus feels that the plan shows a dashed line
of the existing footprint and he does understand that it is all within 50-100’ setback of the salt marsh but it looks as though there is encroachment and it looks as if it is moving further, closer to the resource area. Mr. Vaccaro responds that it is probably a matter of interpretation and at the area where Agent McManus had pointed out, it is getting closer to the resource area than the existing structure though it is substantially more than 50’ back from the resource area. Mr. Pinaud asks what the proposed lot coverage is and Mr. Slavinski responds that it is 20.4% with no variance because you can go to 30%. Agent McManus asks if the shrubs are to be removed where the proposed garage is and if they will be transplanted. Mr. Talbot responds that they are invasive species and will be removed. Mr. Talbot explains that this site is mitigation heaven. The area that shows the two white oak trees is pretty much bare soil and will be converted
to coastal shrub land and they will be removing some invasive Russian Olive. The applicants have asked Mr. Talbot to propose a mitigation area and he explains that there will be another plan forthcoming probably as an Amended Order of Conditions as he did not have enough time to complete it for the meeting. He believes that Jennifer Malloy has been contracted for the job and she should do a pretty good job. Chairman Fitzsimmons asks if there are any more questions or if anyone from the audience has any comments.
Motion made, seconded and unanimously carried to Close and Issue.
7:18 Sheila Rhodes RDA (89 Bluff Avenue) Replace Cesspool with Title V Septic
John Slavinski from Cape & Island Engineering is representing the applicant and states that they are within 100’ of a flood zone. The property’s right front corner is in a flood zone but the septic site is not. Agent McManus explains that this is a pretty straight forward application in which they are upgrading the septic system. The area is all lawn and he has spoken with the owners who are avid naturalists and they do not like to see trees removed. The only recommendation he has is to re-seed the area when the soil is exposed and cover it with natural ground cover. Agent McManus recommends a Negative Determination.
Motion made, seconded and unanimously carried for a Negative Determination.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:40pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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