Mashpee Conservation Commission
Minutes of June 25, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, Len Pinaud, Lloyd Allen, Ralph Shaw
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) Request for Approval: Handicap Boardwalks at South Cape Beach
Agent McManus questioned whether or not a permit would be required for the project or require Commission approval only. Charlie Maintanis, the Mashpee Assistant Building Inspector and ADA Committee member, addressed the Commission with a request for approval to install an accessible boardwalk at South Cape Beach. An endorsement from the Board of Selectmen, along with a decision from Natural Heritage concerning endangered species, was presented to the Commission. The installation would consist of a seasonal, wood boardwalk that could be easily disassembled and located on the west side of the parking area beside the existing handicap parking spaces. Mr. Maintains also indicated that requests have been received for the boardwalk and they hope to add similar structures to
freshwater areas. Agent McManus added that performance standards do not require consideration since the boardwalk will be located where the pavement meets the sand and further stated that there will be no disturbance and the project will improve accessibility. The Commission agreed that it would not require a permit. The Chair questioned liability issues to which Mr. Maintanis responded that “ordinary care” must be used just like any usage of the beach. Mr. Allen questioned use of textured rubber for the boardwalk to which Mr. Maintanis responded that they are considering a “moby mat” for the fresh water projects. This particular boardwalk has been designed to be easily removed by the DPW but not to be removed by others.
Motion made, seconded and unanimously carried to approve the request.
2) Administrative Approval: Collucci SE 43-2516
Bill Collucci addressed the Commission regarding his newly permitted dock. The contractor noted that the long ramp would create too much weight at the end of the float, requiring some modifications. Mr. Collucci is recommending that the float surface area remain the same but change the shape of the float. The spans would be expanded so that the dock is in the same location. Agent McManus added that a small boat ladder will be affixed to the pier.
Motion made, seconded and unanimously carried to Approve SE 43-2516.
3) Approval of Minutes from May 28, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of May 28, 2009.
4) Vinhaven Parcel
Fisheries & Wildlife, having contributed to the purchase of the property, requires certain conservation restrictions and guidelines on the parcel. The baseline report is a requirement and is currently available on CD and highlights the type of wildlife, vegetation and resource areas available in the parcel. A parking area and gate has been installed on the property and a road will eventually be cleared. Agent McManus will be speaking with Catherine Laurent regarding progress on the parcel. It was discussed that a sign and name would be needed for the parcel.
5) August 19 John Johansen Memorial Ceremony
Agent McManus will send an email with more details about the event. Casey Landscaping is donating their services to clean up the entry area.
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 4/2/09
BSC Group was not present to represent the applicant.
Motion made, seconded and unanimously carried for a Continuance until 7/9/09 at 7:00 pm at the request of the applicant.
7:03 Willowbend Development Corp., NOI (SE 43-2565– 91 The Heights) (Construction of single family home, driveway, utilities and landscaping) (Continued from 5/14/09)
Lori MacDonald, of Baxter Nye Engineering and Surveying, addressed the Commission regarding the Notice of Intent re-filing that was initially submitted in May 2005 and has recently expired. Ms. MacDonald identified the properties on the plans and noted that Quaker Run is the stream located north of each of the properties. The plan also highlights the 200 foot riverfront area. Ms. MacDonald identified on the map and described 91 The Heights. The parcel is 18,165 square feet and Willowbend proposes to build a single family home with utilities, driveway, dry wells and landscaping. The septic will be serviced by an off property facility. The proposed home of 4,404 square feet has been sited as far from the resource area as possible. The project will result in 1,956 square feet of
impact within the 200 foot riverfront area and 974 square feet of alteration in the buffer zone associated with Bordering Vegetated Wetland area (BVW). The limit of work will be retained by silt fence and hay bales. Landscaping and grading will occur in the area at the rear of the property. Agent McManus confirmed that the project is straightforward and sees no impact to the resource area as a result of the construction project. The Agent recommends a Close and Issue and further suggested that the landscape plans be submitted as an Amended Order. Agent McManus added that the project had been previously approved. The Chair questioned whether or not the river was brackish to which Ms. MacDonald responded that it was not.
Motion made, seconded and unanimously carried to Close and Issue.
7:06 Willowbend Development Corp., NOI (SE 43-2566– 95 The Heights) (Construction of single family home, driveway, utilities and landscaping) (Continued from 5/14/09)
Ms. MacDonald identified on the map and described 95 The Heights. The parcel is 15,622 square feet and Willowbend proposes to build a single family home with utilities, driveway, dry wells and landscaping. The proposed home of 2,800 square feet has been sited as far from the resource area as possible. The project will result in 4,992 square feet of impact within the 200 foot Mashpee riverfront area and 4,635 square feet of impact within the 200 foot DEP riverfront area with no alteration in the buffer zone associated with BVW. The limit of work will be retained by silt fence and hay bales. The home has been located as close to the road as possible and is a smaller home in comparison to the other projects. Dry wells will be located at the rear and front of the property and rear and front
of the house. Landscaping will be minimal to remain under the 5,000 square feet of impact criteria for the riverfront area. The septic will be serviced by an off property facility. Owners of the homes will determine the material to be used for the driveways. Agent McManus confirmed that there was negligible impact and that the buffer was located upland.
Motion made, seconded and unanimously carried to Close and Issue.
7:09 Willowbend Development Corp., NOI (SE 43-2568– 93 The Heights) (Construction of single family home, driveway, utilities and landscaping) (Continued from 5/14/09)
Ms. MacDonald identified on the map and described 93 The Heights. The parcel is 16,083 square feet and Willowbend proposes to build a single family home with utilities, driveway, dry wells and landscaping. The septic will be serviced by an off property facility. The proposed home of 3,975 square feet has been sited as far from the resource area as possible. The project will result in 4,533 square feet of impact within the 200 foot riverfront area and 4,971 square feet of impact within the 200 foot DEP riverfront area with no alteration in the buffer zone associated with BVW or Mashpee freshwater wetland. The limit of work will be retained by silt fence and hay bales. None of the projects will impact the inland bank.
Motion made, seconded and unanimously carried to Close and Issue.
7:12 Willowbend Development Corp., NOI (SE 43-2564–89 The Heights) (Construction of single family home, driveway, utilities and landscaping) (Continued from 5/14/09)
Ms. MacDonald identified on the map and described 89 The Heights. The property is located within the 200 foot riverfront area associated with Quaker Run and bisects the property. The parcel is 17,434 square feet and Willowbend proposes to build a single family home with utilities, driveway, dry wells and landscaping. The septic will be serviced by an off property facility. The proposed home of 3,450 square feet has been sited as far from the resource area as possible. The project will result in 4,501 square feet of impact within the 200 foot riverfront area and 2,166 square feet of alteration in the buffer zone associated with Bordering Vegetated Wetland area (BVW). No work will occur closer than 50 feet from the BVW so the vegetated buffer will be maintained per Mashpee regulations. The limit of work will be retained by silt fence and hay bales. Landscaping at the rear of the property will conform to Mashpee regulations and the plans will be submitted at a later date if
required by the Commission.
Motion made, seconded and unanimously carried to Close and Issue.
7:15 Willowbend Development Corp., NOI (SE 43-2567– 97 The Heights) (Construction of single family home, driveway, utilities and landscaping) (Continued from 5/14/09)
Ms. MacDonald identified on the map and described 97 The Heights. The parcel is 14,792 square feet and Willowbend proposes to build a single family home with utilities, driveway, dry wells and landscaping. The septic will be serviced by an off property facility. The proposed home of 3,200 square feet has been sited as far from the resource area as possible. The project will result in 4,991 square feet of impact within the 200 foot riverfront area and 4,587 square feet of impact within the 200 foot DEP riverfront area with no alteration within the buffer zone associated with BVW. The limit of work will be retained by silt fence and hay bales. Dry wells will be located at the rear and front of the property. Agent McManus questioned plans for swimming pools to which Ms. MacDonald indicated
there were no plans at this time but an amendment could be made to the Order of Conditions. Commissioners expressed concern about a steep drop in the backyard. Jack Mcihleny of Willowbend confirmed that the bank is beyond the scope of work and Agent McManus further stated that the slope begins along the cart path.
Motion made, seconded and unanimously carried to Close and Issue.
7:18 John Mates, NOI (SE 43-2555-53 Hoophole Rd.) (Seasonal freshwater dock-ATF) (Continued from 5/28/09)
Chairman Fitzsimmons recused himself, leaving the Commission short of a quorum. The Rule of Necessity was invoked by the remaining Commissioners so the project could be heard. Jack Vaccaro represented the applicant requesting a permit for a seasonal dock which has been removed. The dock is located on John’s Pond and a concern regarding the possibility of the existence of a rare freshwater mussel habitat has since been resolved with Natural Heritage. A rare mussel survey was conducted identifying a habitat of two species, but in the area of deeper waters across from the dock. A letter from Natural Heritage has been included in the file. Mr. Vaccaro described the dock as light weight aluminum on wheels allowing storage on the south side of the house. The applicant is requesting
permission to deploy the dock on a seasonal basis. Agent McManus recommends a Close and Issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:24 Town of Mashpee, NOI (SE 43-2575-16 Great Neck Road South) (Installation of Earth Rib Module in the interest of storm damage protection at South Cape Beach) (Continued from 5/14/09)
Sara Ham of Ocean & Coastal Engineering addressed the Commission regarding the pilot test project that will use the Earth Rib Module to protect the existing town parking lot at South Cape Beach and assist the current nourishment project. The Earth Rib Cell Modules will be installed in front of the parking lot to create a berm that is designed to the 10 year storm elevation. The module is built to 6.5 feet and with sand cover will total 8 feet, to include 1.5 feet of sand so that the module will not be seen. The parking lot is at 6 feet and the berm will be a height of 8 feet, but will not obstruct the view. In order to protect the berm, it was proposed to add sand fencing along with walkways to allow access for the public, 3 in front and one on each corner. Catherine Laurent of the DPW
clarified that vehicle access may be necessary for beach raking or emergency vehicle access. Ms. Laurent further stated that the boardwalk proposal heard earlier would be incorporated into this project. Ms. Ham noted that the polymer units would create minimal impact to the environment and although each unit weighs just 40 lbs., the addition of sand increases the weight to 1 ton each. Agent McManus questioned the project intended in Plymouth. Ms. Ham confirmed that the units were intended for a project in Plymouth, and were approved and permitted with a DEP superceding order. The project did not move forward so the units have been donated to Mashpee. Ms. Laurent further stated that the inventor of the technology is a resident of Mashpee. The DPW will install the structure. Agent McManus clarified that should the unit be ineffective, the structure would be removed with no impact to the area. Agent McManus also indicated that the
project may preserve the parking lot and save the town maintenance expenditures to clear the parking lot. Natural Heritage has signed off on the project and does not consider it to be a take on the piping plover agreeing that there would be no adverse impact. Agent McManus does not yet know DEP’s opinion. Ms. Laurent noted that a successful test was conducted in New Jersey. Stephen Van Tol questioned the difference of using this system compared to a rip rap wall. Ms. Laurent responded that this system would be buried beneath the sand, that the system is interlocking and provided to the town at no cost. Agent McManus added that the system will trap sand preventing the undercutting that has occurred to the parking lot.
Motion made, seconded and unanimously carried to Close and Issue.
7:27 Trust of Cotuit Bay Condominiums, NOI (SE 43-2554-418 Quinaquissett Avenue) (Vista pruning for condo units) (Continued from 5/28/09)
Brian Wall, the attorney representing Cotuit Bay Condominiums, addressed the Commission regarding the vista pruning request. At the April hearing, Commissioners indicated that the project would be subject to the Riverfront Act requiring a wildlife habitat evaluation study. Study results have been submitted by Jack Vaccaro. Mr. Vaccaro suggested that two of the proposed corridors be re-located. On the plan, the corridors located closest to the promontory point, units 40-47, have been tilted outwards to which the client has agreed. Additionally, nine specific suggestions about the pruning recommended by Mr. Vaccaro have been adopted by Cotuit Bay Condominiums. Notations about the suggestions have been added to the plan by John Slavinsky. Specifically Mr. Vaccaro suggested that no
cutting occur below the 11 foot contour and hand tools be used and also that no chipping occur within 100 feet of the bank. Agent McManus commended Mr. Vaccaro’s wildlife habitat evaluation, which was an initial concern, and reminded the Commission that there was also a question regarding the frontage measurement, which has been resolved as noted on the plan. Mr. Wall has been in contact with the Agent regarding cutting activities with the owners and the Condo Association is now more closely monitoring the residents. Pruning will not occur until the window of November 1-March 1 when the Agent will be on site with the contractor and each corridor will be flagged and specific vegetation identified for pruning. Agent McManus recommends a Close and Issue. The plan indicated incorrect dates for the pruning so the information on the plan was changed by Mr. Vaccaro from October 31 to November 1.
Motion made, seconded and unanimously carried to Close and Issue.
7:30 Christopher Peacock, AOC (SE 43-2517-7 Crow Road) (Seasonal dock on Johns pond)
Jack Vaccaro addressed the Commission on behalf of the applicant regarding the project and Natural Heritage concerns about rare freshwater mussels. It was determined that the project was located in an area of high density for one of the two species of special concern. The dock component of the initial project was withdrawn from last year’s hearing to be considered at a later date once it was resolved with Natural Heritage. An abundance of tidewater muckets were located in the dock area which requires the acquisition of a conservation and management permit and includes a presentation of the management plan that will allow for the protection of the species. Natural Heritage has issued the permit. Elements of the plan include a pre-installation survey by experts who will relocate the
mussels, permanently installed footings and funding for an off-site research program under the direction of Natural Heritage and a conservation management group. Agent McManus questioned the footings. Mr. Vaccaro responded that the dock legs will be 2 inch galvanized steel posts. The concrete footing block will be one size larger at 10”x10”x10” and form out a 2 ½ inch diameter pipe that will extend 1 foot below the footer to use the exposed pipe to pin it to the bottom. The dock will be removed, along with the ramp and float, but the footings will remain. Mr. Vaccaro does not anticipate that ice will be an issue due to the drop off. The Agent was pleased with the owner’s efforts to identify the best solution for the tidewater muckets and recommends approval for the Amended Order. The Chair also questioned the concrete footers to which Mr. Vaccaro responded that they were a standard requirement from Natural
Heritage to ensure that the dock remains in place. Mr. Allen questioned the possibility of the zinc being stripped from the pipe and recommended use of stainless steel. Mr. Vaccaro will discuss the issue further with the engineer.
Motion made, seconded and unanimously carried to Approve the Amended Order as proposed.
7:33 Susan & Evan Dengal, AOC (SE 43-2524-762 Cotuit Road) (Landscaping and mitigation)
Stephen Van Tol of Licciardi Landscaping addressed the Commission on behalf of the applicant. Mr. Van Tol described the project on a heavily landscaped site with a slope top to bottom. Mr. Van Tol intends to use a variety of indigenous plants such as inkberry, clethora, blueberry, tupelo, bayberries, etc. Hydrangeas will be located in a particular area on the plan. The project is located in the Wakeby Pond area. Current pressure treated wood steps are to be replaced with stones. Agent McManus confirmed that the property is an inland bank down to the water line and Mr. Van Tol stated that he is changing the pitch of the driveway to allow runoff to be captured in a catch basin. The Agent questioned tree work to which Mr. Van Tol responded one hollow hickory tree which is creating a
hazard and they plan to remove. Agent McManus likes the plan and the plant list and further stated that erosion control has been improved, recommending approval of the plan.
Motion made, seconded and unanimously carried to Approved the Amended Order as proposed.
7:36 William & Christine Herbert, NOI (SE 43-2576– 42 Spoondrift Way) (Construct new garage, revamp existing pathways, deck and patio, mitigation/landscaping) (Continued from 6/11/09)
Tom Buckley of DSS Design represented the applicant to the Commission. Mr. Buckley indicated that the home was located in a flood zone, A Zone and elevation 11. The coastal bank is located above the flood zone. Mr. Buckley proposed to add a 24’x22’ two car garage in the area of the existing driveway. The structure will be in the architectural style of the existing home and will be located 7 ½ feet from the home. Vegetation in the area of the garage includes white pine, a pitch pine and an oak tree. Native plantings would be added to an area that has bittersweet and had been cleared by previous owners. It was proposed that an existing wood walkway be replaced with stone and stone steps. The lower deck area has been proposed to be replaced with stone,
maintaining an existing tree, and adding a trench drain to limit run off. The upper half deck, with no vegetation below, would be removed allowing for the expansion of the patio. Dry wells have been proposed for down spouts. The garage area currently is not a naturally vegetated buffered area but the site will be improved over the existing conditions with new plantings. Agent McManus has been on site and expressed concern about previous cutting but is pleased with the proposed plantings. Three trees will be removed for the garage but the new plantings will create a better buffer for the heavily disturbed area. The bank is well vegetated. Agent McManus sees no adverse impact to the coastal bank. The Chair questioned the addition of driveway to which Mr. Van Tol responded that 1-2 feet will be added to connect to the new garage and that runoff would be directed to a 5 inch wide trench drain that would drop into a dry well. Marilyn
Worth, an abutter located below the home, expressed concern about runoff directed to her home. Mr. Van Tol responded that perforated pipe would be installed beneath the patio and that vegetation along the border would not be removed. Georgia Welch, an abutter located on the garage side, expressed concern about the bittersweet that has taken over the area. Agent McManus stated that vigilance is needed to control the bittersweet and that it can be removed without a permit because it is invasive.
Motion made, seconded and unanimously carried to Close and Issue.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:25pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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