Mashpee Conservation Commission
Minutes of July 23, 2009
Public Hearings
Mashpee Town Hall
Present: Vice Chairman Ralph Shaw, John Rogers, Lloyd Allen, Jeff Cross
Also Present: Conservation Agent-Drew McManus
The meeting was called to order with a quorum by Vice Chair Shaw at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda
1) Administrative Approval: Ghublikian SE 43-2572
The request is regarding a Cotuit Bay design which is a tear down/rebuild. Plans which had previously been approved and new plans were distributed to the Commissioners. Jack Ghublikian, of 147 Summersea Road, addressed the Commission regarding changes made to the original plans. The only change in the new plan is that the deck is now cantilevered by one foot so that the posts remain where they should be in relation to the wetlands and there will be a ½ foot overhang. Agent McManus reported that the change was occurring within the previously approved work limit and will not affect the resource area in any way.
Motion made, seconded and unanimously carried to Approve SE 43-2572.
2) Approval of Minutes from June 25, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of June 25, 2009.
3) Update on Johns Pond/Mashpee Pond Phase I Inspection Reports
Agent McManus stated that the Phase I reports for Johns and Mashpee Pond have been completed on time and forwarded to the Office of Dam Safety. Inspection results have indicated that the spillways of both dams, which were constructed for the passage of herring and not water impoundment, are inadequate for the amount of water they impound. It has been recommended that the spillways be expanded to meet the spillway capacity based on the number of cubic feet or yards of water that is being held back. In addition, it has been recommended that the earthen berm of Mashpee Pond Dam, from the parking area of the public beach to the rock revetment, be flush cut with root removal and the grade built up by one foot, planting with natural grass cover. Agent McManus indicated the report is
based on Office of Dam Safety Guidelines. The Agent added that he hopes to discuss the results further with the Office of Dam Safety because he questions the dam being labeled hazardous since the intended use was for herring only. Regarding ownership, Mashpee Pond Dam was constructed by Marine Fisheries but Mashpee owns the surrounding land. Although Mashpee paid for the study, technically Marine Fisheries should have been responsible for payment. Agent McManus will follow up on the question of ownership and noted that the repairs are fairly minor. The Phase I deadline has been met and Agent McManus will now submit a letter of agreement/disagreement to the Office of Dam Safety.
4) John Johansen Dedication Ceremony
The ceremony is scheduled for August 19 at 1pm. Attendees will meet at the Conservation Department and travel together to the parcel around the corner. Bob Sherman and John Johansen’s family members will be in attendance at the event. There will be a gazebo tent and refreshments, provided by the family. The sign has been installed and the boulder will be in place, although the plaque many not yet be ready. The family is very appreciative of the Commission’s decision to name the parcel after Mr. Johansen.
5) Signage for Conservation Lands
Agent McManus has ordered 25 aluminum grade, reflective quality signs that will read “Town of Mashpee Conservation Lands, No Dumping, No Motorized Vehicle Use.” The signs will be distributed to volunteers to install on each of their parcels, locating them just outside the parcel.
6) Administrative Secretary
Tonight is Jen Clifford’s last meeting. Kristine Carpenter has begun working in the office and will be taking over the Board Secretary responsibilities.
Hearing Agenda
7:00 Phyllis Blotner, RDA (96 Fells Pond Rd.) – Beach nourishment
Phyllis Blotner addressed the Commission regarding her application for beach nourishment. Although the sand has not been nourished for 4 years, at the time when Fell’s Pond was replenished, she wishes to keep her application active for when she is ready to again replenish the beach. Ms. Blotner noted that when she purchases the sand, it will be dumped at the bottom of her property and transported to her small beach by wheelbarrow. Agent McManus described the main factors when considering beach nourishment as confirming that clean sand is being used and ensuring that the grain size is compatible with existing sand. The company must submit a letter to the Conservation Department recording the origin of the sand and confirming it is clean and of a compatible grain size.
Motion made, seconded and unanimously carried for a Negative Determination with the provision that the Agent inspect the sand and the permit be valid for three years.
7:03 Save Popponessett Bay Assoc., NOI (0 Wading Place Rd.) -Construction of drift fencing on Popponessett Spit (Continued from 7/9/09)
Motion made, seconded and unanimously carried for a Continuance until 8/6/09 at 7:06 pm at the request of the applicant.
7:06 Julie Barton, RDA (236 Monomoscoy Rd.)-Fence installation
Julie Barton addressed the Commission regarding her request to replace an aging split rail fence and add a privacy fence on one side of the property. Agent McManus confirmed that the resource area is Flood Zone A where a portion of the fence will be installed. The Agent added that post holes will be dug within 50 feet of the Bordering Vegetated Wetlands (BVW) but that it will not be impactful and that the project meets the standards for clearance. The new split rail fence will remain within the footprint of the existing fence.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 Steven & Cindy Adams, RDA (37//370A Monomoscoy Rd.) Upgrade water services and Title V septic installation
John Slavinsky of Cape & Islands Engineering represented the applicant for this projected located in the Flood Zone. Mr. Slavinsky identified the home on the plan as outlined in red with two houses between the home and the wetlands. Plans were initially created in 1995 by the original owner, but the septic was never installed. The Adams will be purchasing the property so the system must now be installed. Agent McManus shared photos of the location with the Commissioners highlighting the disturbed area where the cess pool was filled in. The Agent noted that this request is an upgrade from the existing conditions.
Motion made, seconded and unanimously carried for a Negative Determination.
7:12 AJL Lacava Realty Trust II, NOI (Country Club Ln.) Roadway construction
Jack Vaccaro addressed the Commission on behalf of the applicant regarding this request that had been previously reviewed and an Order of Conditions issued. The permit has since expired and the applicant is requesting a new permit. There are no changes to the road regarding its location or design. The road layout pre-dates the golf course and the golf course was built over the road layout. The road within Conservation jurisdiction is approximately 200 linear feet of road, some of which is within the BVW, but in the outermost part of the 100 foot buffer zone extending from the abandoned cranberry bog alongside the first fairway of Quashnet Country Club. The road will extend from the great bend of Old Barnstable/Falmouth Road, just past the Clubhouse, extending past the first fairway where the
tees and practice green will require relocation. No clearing will be necessary since the roadway will be located within the fairway. However, construction will occur within the 100 foot buffer zone. Mr. Vaccaro indicated that the golf course is considering the relocation of the tees which may or may not be in Conservation jurisdiction. Mr. Cross expressed concern about changing the golf course. Mr. Vaccaro agreed and responded that Quashnet, as an abutter, had been notified of the hearing. Mr. Slavinsky worked on the original subdivision plans and noted that the Quashnet Country Club management and other professionals were involved with the design plans. Mr. Vaccaro added that drainage for the road has been designed to direct the runoff away from the wetlands diverting it to the side where it will collect in swales and catch basins. Agent McManus questioned the setback from the river. Mr. Vaccaro responded that it is 650 feet
from the annual highwater for the river. Agent McManus recommended that double haybales be staked nearest to the BVW and confirmed that the DEP number was issued today. In addition, a letter from Natural Heritage has been received stating that the project is exempt from MESA review because the sub-division is grandfathered. Laura Hearst, an abutter located upland of the project, asked for clarification that the response from Natural Heritage confirmed that there will be no restrictions based on wildlife habitat, which Agent McManus confirmed.
Motion made, seconded and unanimously carried to Close and Issue.
7:15 Marilyn Worth, RDA (38 Spoondrift Way) Replacement of old railroad ties in rear yard landscape
Marilyn Worth addressed the Commission regarding her project to replace railroad ties in the yard. Ms. Worth does not yet have an installation date as she is attempting to find someone to complete the work. The plans indicate Ms. Worth’s intention to replace 3 steps on one level and 2 steps on the last level, on the waterside of the deck, using the footprint of the existing ties. The proposal area is located approximately 25 feet from the water. The Vice Chair questioned the pressure treated material being used. Commission members discussed confirming with the contractor the type of pressure treated ties being used, confirming that it is arsenic and creosote free. Agent McManus stated that he has no issues with the request. Ms. Worth added that she will have the Euonymus
bush removed which the Agent confirmed to be an invasive species.
Motion made, seconded and unanimously carried for a Negative Determination.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:29pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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