Mashpee Conservation Commission
Minutes of June 11, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, Jeff Cross, John Rogers, Len Pinaud, Mark Gurnee, 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) Approval of Minutes from May 14, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of May 14, 2009
2) Mashpee Land Stewards Meeting
The meeting took place on June 9 at 6:30 and approximately 20 people attended. Agent McManus gave a PowerPoint presentation to the attendees describing management plans for the larger parcels, over 100 acres in size, such as John’s Pond Conservation Area, Mashpee River Woodlands and Santuit Pond Conservation Area. Agent McManus presented suggestions for gate, signage and parking locations. Tom Mayo also offered a training review of the town’s GIS system. In addition, the Trax Stix devices (gps device) have arrived and Agent McManus plans to work with Mr. Mayo to identify the ways in which the technology will be used. The device attaches to a belt or key chain and takes readings as the volunteer plots trails or marks boundaries. Each Trax Stix cost $120,
which Mr. Mayo had researched thoroughly. The next Land Steward meeting will discuss the usage and availability of the gps devices.
3) Wildlife Partnership Lands
Three parcels are co-managed by Town of Mashpee Conservation, State Fisheries and Wildlife and Waquoit Bay Research Reserve. Great Hay Road, as it cuts through each parcel, is being pruned and widened by 20 feet on each side to allow the passage of vehicles needed to fight wildfires in the area. The cleared area is also necessary to allow space for vehicles to turn around and to create a fire break. Mashpee will be the first town on the Cape to have all Conservation Lands mapped for fire safety.
4) Michael Richardson-New Liaison from the Board of Selectmen
The Chair announced that a letter has been received from Michael Richardson, the recently elected Selectman, who will serve as a liaison to the Conservation Commission.
5) Issuance of DEP Numbers
Agent McManus recommended, in an effort to improve the efficiency of meeting agendas that the Commission allow presentations for projects that are still waiting for DEP numbers. Orders would not be issued but hearings could be closed and issued pending receipt of the DEP number and comments from the DEP. The applicant would be notified of the possibility of having to re-submit the application depending upon the decision from DEP. Commissioners further questioned signing the orders to which Agent McManus responded they can be signed at the following meeting due to the 10 day appeal period. Other towns handle the situation in a similar manner. Commissioners will consider the proposal and make a final decision at the next meeting.
Hearing Agenda
7:00 William & Christine Herbert, NOI – 42 Spoondrift Way (Garage, patio, retaining walls and mitigation plantings)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:36 pm at the request of the applicant.
7:03 New Seabury Condos 1B, NOI – 90 Shore Drive West (Construction of stairway down armored coastal bank and access pathway) (Continued from 5/28/09)
Tara Marden from the Woods Hole Group is representing Colony Villa, a condominium within New Seabury. Colony Villa wishes to install a beach access stairway over the top of the existing storm revetment from the upland at the top of the coastal bank. The stairwell will terminate on concrete blocks located 2/3 of the way down the revetment. A 4 foot wide path runs from the road through thick brush to the top of the bank and to the top of the stairs. At the top of the stairs, the walkway wraps around to take advantage of an area that has already been
cleared at the top of the bank in an effort to reduce the clearing of additional vegetation. A cross section of the staircase was indicated on the plan. The staircase will be similar to the timber staircase located on the Tidewatch revetment which has been in place approximately 20 years. Agent McManus agreed that the project was straightforward. Performance standards for the coastal bank do not apply since it is an armored revetted coastal bank. Agent McManus finds the project non-impactful and recommends a close and issue. The Chair received a letter from Cohen & Murphy who expressed concern about the staircase being located on Tidewatch property. Ms. Marden indicated the property line
which confirms that it will not be located on Tidewatch property. It was questioned whether or not the posts and supports would disrupt the bank. Ms. Marden indicated that the engineer submitted a letter to Agent McManus and that no stones would be moved during construction.
John Jehling, representing a group of non trustee unit owners who signed a letter to the President of the Trust, requested that the hearing be continued. The group plans to meet to discuss a dispute about the stairs and brush clearing and plan to elect a new Board of Trustees. Mr. Jehling indicated that the Trust does not have the money to finish the project. The Chair and Agent McManus clarified that Commission approval for the project does not involve financial dealings or transfer of ownership but focuses solely on environmental impact. The project has 3 years to be completed. Tom Sweeney, another unit owner, indicated that a plan was approved 1 ½ years ago for the same area and he expressed concern that the plan is still active and that it overlaps this proposed plan and requested
that the hearing be continued as a result. Agent McManus asked if Mr. Sweeney knew the project number of the previously filed plan or permit. Ms. Marden questioned the firm who submitted the original plan. Nicholas Rose, a trustee, stated that there was no formal proposal before the Commission. It was believed that there was a tentative approval with the Commission but the Chair confirmed that if there is nothing on file the former plan is irrelevant. Martin Riley, representing Fran Flanagan and other non trustee owners, stated that the main concern was that there was no condominium association meeting to discuss whether or not owners wish to proceed with stairs. The upcoming meeting will provide the opportunity to discuss the issue. Non trustee owners wish to review the plan and discuss it further and vote on the plan. Mr. Riley also requested that the hearing be continued. Katherine Santalico, Treasurer of the Board, refuted
claims that a letter was received from the non trustee unit owners. Ms. Santalico further stated that the topic will be discussed at the upcoming meeting and added that condo owners have always been aware of the plans to install the stairs. The Chair reiterated that the Commission’s role is focused solely on the project’s environmental impact. Agent McManus stated further that the plans have been on file and accessible to the public for 2 weeks. Agent McManus does not recommend continuing a hearing for issues that do not pertain to the Commission. It was questioned why the applicant was listed as 1B to which Ms. Marden responded that the deed of the condo reads as 1B. It was also requested that a member of the Commission visit the area to review the environmental impact to which Agent McManus confirmed that certified Environmental Engineers reviewed the area and further stated that NOI filings necessitate strict requirements.
Agent McManus added that abutters were notified and the public hearing was listed in the paper.
Motion made, seconded and unanimously carried to Close and Issue.
7:06 Robyn Laukien, RDA – 50 Waterway (Installation of irrigation well)
Chris Clark represented the applicant for the home being built in New Seabury. Michael Talbott has been hired to manage the landscaping. Mr. Clark noted that approximately one year ago it was submitted that Mr. Talbott would eradicate the overgrown vegetation near the water and plant more environmentally friendly plantings which were approved by both New Seabury and the town. Additionally, rain gardens, shrubbery and sea grass have been planted. The applicant wishes now to seek approval to add a screened well for irrigation purposes. Agent McManus indicated that the proposal is straightforward noting further that he clarified the use of the irrigation. Eco-blend grass with 80% fescue will be used. If fertilizer is to be used the applicant intends to use organic products.
Agent McManus questioned the location of sprinkler heads to which Mr. Clark indicated he would have them flagged. Mr. Pinaud questioned the need for Board of Health approval to which Agent McManus stated they did not if it is not tied into town water. Commissioners further questioned who would be responsible for verifying that the irrigation is not tied into the town. Agent McManus recommended that Mr. Clark follow up with the Board of Health but Mr. Clark was initially notified by the Board of Health that he needed to follow up with Conservation. Regarding questions about the well, Mr. Clark indicated that he consulted with someone who builds wells who surveyed the area and they plan to install a system that will pump 10 gallons per minute, watering once every other day or as needed.
Motion made, seconded and unanimously carried for a Negative Determination.
Motion made, seconded and unanimously carried to adjourn the meeting.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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