Mashpee Conservation Commission
Minutes of July 9, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, John Rogers, Len Pinaud, Lloyd Allen, Ralph Shaw, Mark Gurnee
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) Approval of Minutes from June 11, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of June 11, 2009.
2) John Johansen Parcel Reimbursement
Agent McManus announced that 50% reimbursement has been received from the state of Massachusetts for the parcel formerly known as the Shields property. The funds, totaling $89,000, have been deposited into the Acquisition of Lands and Maintenance account. Tom Fudala was responsible for filing all of the appropriate paperwork that enabled the town’s receipt of the reimbursement. The parking lot is in place and the stone with the plaque will be installed prior to the August dedication ceremony.
3) Administrative Secretary
The position has been filled by Kristine Carpenter who will start work on July 20.
4) Conservation Commission Membership
Agent McManus confirmed that Cass Costa has resigned from the Commission. Jack Mates suggested by email his plans to resign, but an official letter has not yet been received so the Board of Selectmen have not yet recognized his resignation. In the event that a letter of resignation is not received, it was discussed that as an Associate Member, Mr. Mates would need to be re-appointed by the Board of Selectmen. Mark Gurnee has been accepted as a full time member of the Commission. Brad Sweet has expressed interest in becoming a member of the Conservation Commission. Agent McManus provided the Commissioners with Mr. Sweet’s information for their consideration. The Chair questioned the Commissioners involvement in recommending a candidate but Agent McManus confirmed
that he was in receipt of a letter from the Board of Selectmen requesting the Commission’s recommendation for the appointment of full time members.
5) Conservation Land Management Sub-Committee
The sub-committee would meet once each month to discuss ideas about conservation lands such as gates, signage and overall management of the lands such as hunting, recreational use and vehicle access. Agent McManus indicated that permitting is slowing down and an established sub-committee would allow an opportunity, in conjunction with the Land Steward Program, to examine the needs of the conservation lands. The Chair agreed that the sub-committee is a good idea. The Agent anticipates a number of projects that will require attention this summer but would like to discuss his ideas with the Commissioners. Mr. Shaw recommended meeting every few months or as needed. The Chair suggested meeting dates be determined for the next meeting.
Hearing Agenda
7:00 Save Popponessett Bay Assoc., NOI - SE 43-2561 (0 Wading Place Rd.) Construction of drift fencing on Popponessett Spit (Continued from 6/25/09)
The applicant has requested a continuance for two weeks because the applicant has not heard back from Natural Heritage on Endangered Species. A decision has not been determined regarding whether or not the project would result in a take of the piping plovers. An on-site visit has occurred with Natural Heritage staff but a formal letter has not yet been received.
Motion made, seconded and unanimously carried for a Continuance until 7/23/09 at 7:03 pm at the request of the applicant.
7:03 Eric Peterson, RDA (112 Wading Place Road) Installation of flag pole
Eric Peterson requested permission to install a 25 foot flag pole to fly a 4’x6’ American flag from 8am to sunset. The Chair questioned the Commission’s protocol for flag size and height of the pole. Agent McManus responded that the Commission does not have requirements but that the Building Department may. It was determined that ARC has a flag protocol.
Motion made, seconded and unanimously carried for a Negative Determination.
7:06 Stephen Petrucci, NOI – SE 43-2577 (92 Waterway) Construction of house addition, porch, retaining wall and landscaping
John Slavinsky of Cape & Islands Engineering represented the applicant. Mr. Slavinsky indicated that the direct abutter is Jeff Cross. Mr. Cross has utilized a soft approach on the embankments which has not been effective. Mr. Petrucci has requested the installation of a retaining wall and to square off the home from the street side with a farmer’s porch. Regarding the wall, Mr. Slavinsky will use a system of trenches, one trench each for the sheeting, tiebacks, etc. The disturbed area will be planted with species listed on the landscaping plan and a berm would be created at elevation 6 on the landward side of the wall to prevent runoff from entering the pond. Agent McManus read a letter from the Board of Health regarding the septic system. Agent McManus pointed out the
location of the porch and the backyard in photos and confirmed the need for a retaining wall. The Agent’s primary concern was regarding Chapter 91 but it was concluded that it was located above Mean High Water. Mr. Gurnee questioned the content of the bank which presently is a steep drop with some vegetation. Commission members discussed tying in to Jeff Cross’s wall which may be discussed between the neighbors. The Chair questioned the 1 inch diameter galvanized tie rods to hold back the retaining wall. Agent McManus and Mr. Slavinsky confirmed that other projects using the tie rods have had success. Mr. Gurnee questioned the size of the dock as compared to the plan. Agent McManus stated that the jet ski ramps have been added to the original 150 square foot float with an addition of 100 square feet of jet ski float and a pier separating the jet skis. No request has been submitted so the Agent will issue a violation notice
Agent McManus recommends a Close and Issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:09 Jeffrey Shames, NOI (19 Bowsprit Point) Landscape improvements
Jim Manganello from LAC Environmental Consultants addressed the Commission on behalf of the applicant. Resource areas on the property include coastal bank, land subject to coastal storm flooding, salt marsh BVW and the buffer zone. The project involves landscaping improvements and two small additions. Mr. Magnell referenced the plans which include two lots on Bowsprit Point, 19 and 21. Mr. Shames owned 21 and recently purchased 19 and has submitted separate NOIs for each project. Some of the work located on each of the properties is connected, as indicated on the plans. The proposed work for 19 Bowsprit Point is primarily landscaping and relocation of a shed. A walkway, which currently features brick and pavers, will be redesigned using crushed stone, crushed stone gravel and
stone dust. Overall, the brick will be reduced by 560 square feet. Garden and landscaping plants from both properties will be removed and relocated. Invasive species will be removed. The applicant also wishes to prune some trees with an arborist and remove two cherry trees. It has been proposed that the existing retaining wall be shored up with 18 inches of fill against the wall because there is no railing and it will improve the aesthetics. Twelve shrubs and trees and grasses are planned for the site. Agent McManus agreed that the proposal is an improvement for the property. The landscape rehabilitation will control runoff, prune vegetation encroaching on the house and eliminate 560 square feet of hardscape from both properties. The Chair questioned the loss of the cherry trees to which Mr. Manganello and Agent McManus confirmed a number of other trees are being planted and are existing on the property.
Motion made, seconded and unanimously carried to Close and Issue.
7:12 Jeffrey Shames, NOI (21 Bowsprit Point) Home and landscape improvements
Jim Manganello from LAC Environmental Consultants addressed the Commission on behalf of the applicant. Resource areas on the property include coastal bank, land subject to coastal storm flooding, salt marsh BVW and the buffer zone. The project is similar to 19 Bowsprit Point but two small 4 foot wide additions have been proposed within the existing footprint of the patio. Walkways and patios will be reduced as will the existing gravel driveway by 40%. The applicant has also requested to remove one pitch pine tree that has no top and a damaged bottom. Existing landscape plantings will be relocated as well as a post and wire fence. A sea wall area will be repaired and a dry well will be installed. Redesigned landscaping will incorporate approximately 100 shrubs and trees and native
grasses in an effort to blend in with the surrounding area. Agent McManus confirmed that the proposal is an upgrade to existing conditions. Hardscape will be reduced and the addition will be located on top of the existing deck so there will be no impact. The largest tree on site will remain but where root systems are encroaching on the wall, fill will be used to shore up the wall to prevent slumping.
Motion made, seconded and unanimously carried to Close and Issue.
7:15 Bruce & LuAnne Croft, RDA (191 Waterline Drive North) Expand garage & house, add a patio, remove 5 trees and mitigation
Tom Bunker of BSS Design represented the applicant. At elevation 12, the land rises gently up to the existing home with wooded property. The applicant wishes to enlarge the garage on the street side of the house and expand the house by 4 feet, also on the street side of the house. Additionally, a plan was filed four years ago for an approved triangular deck, but the work never completed. Presently, a rectangular pea stone filled area exists, which the applicant wishes to replace with a bluestone patio in the location of the original wood deck. Five trees are requested for removal within 10 feet of the home. The applicant will be planting 460 square feet of native shrubbery to fill in the under-story nearest the marsh area. Agent McManus stated that the removal of the trees will
occur in Flood Zone A but not within the coastal bank. The area is thickly vegetated. Some of the trees are already deteriorated, and the Agent would have recommended removal, however the applicant is providing mitigation for the trees which will shore up the area for runoff as it gets closer to the coastal bank. The patio area is currently devoid of vegetation.
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,
Jennifer M. Clifford
Board Secretary
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