Mashpee Conservation Commission
Minutes of May 28, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, Mark Gurnee, John Rogers, Lloyd Allen, Ralph Shaw, Len 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: SE 43-2498-6 Quaker Run Road
Dennis Kerkado addressed the Commission regarding his approved request to install a swimming pool, hot tub and patio. Mr. Kerkado has since sold the property and the new owner has no plans to install a pool, hot tub or patio but in its place would like to install a koi pond and water garden. The largest measurements for the pond would be 8x12 feet with a depth of 18 inches. The pond would be constructed with a plastic liner and circulating pump. The original landscaping plan dated 2007 depicts the original pool, which is where the pond will be located. Additionally, the homeowner wishes to construct a 10x20 foot dog pen with a chain link fence not to exceed 6 feet. The new projects will be located within the footprint of the original pool, hot tub and patio work area. Agent McManus and Mr. Kerkado will update the plan to reflect the newly proposed koi pond and dog pen projects, and the Administrative Approval will not be released until the plan has been updated.
Motion made, seconded and unanimously carried to approve Administrative Approval SE 43-2498 upon receipt of the updated plan.
2) Approval of Minutes from April 30, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of April 30, 2009
3) Tom Fudala-Land Grant Update for John Johansen Conservation Area
The town is expected to receive a reimbursement of 50% of the purchase price of the property from the state’s land grant, which will amount to $83,000. In order to be eligible, Mr. Fudala has been working on updating the required Open Space Recreation Plan. Comments have been received back from the state and Mr. Fudala has now completed the final copy of the document, having incorporated their suggested changes. The Agent has copies available for review. To be eligible for reimbursement, the Commission must submit the revised version of the original draft along with a signed letter to the state. The most significant changes to the original draft resulted from the required additions of both an ADA accessibility self evaluation, which has been approved by the ADA
Committee, and the employment and grievance policies. Upon completion of the self evaluation, projects to improve accessibility have been identified such as constructing a boardwalk at South Cape Beach, improve parking accessibility at a number of Conservation areas such as Mashpee River Woodlands and improve trail access, creating a “hardened trail,” at a location such as the Desrosier property. Mr. Fudala sought public comment for the draft by placing it on the town’s website and advertising it in the newspaper. Mr. Fudala has also added new maps, action plans and purchases to the document. Agent McManus is very satisfied with the work that Mr. Fudala has done in creating this document. Mr. Fudala confirmed that once the state approves the final copy, it will be placed on the town’s website.
Motion made, seconded and unanimously carried to accept the plan as presented.
Additionally, in order to receive reimbursement, Mr. Fudala was required to create a management plan for the John Johansen Conservation Area. The management plan identifies the trails throughout the property that have been established, highlights the connection to Fisheries and Wildlife Land and notes the 4 car parking area. Agent McManus added that a vernal pool has been certified and that the sign has been installed and a boulder and plaque will be added.
Motion made, seconded and unanimously carried to approve the management plan.
Finally, Mr. Fudala discussed the reimbursement request package required in order to receive the reimbursement payment. Included with the package is the recorded order of taking, the title certification by town counsel, the attested treasurer statement certifying payment of the property, a photograph of the sign, an entry form identifying the GIS data and the billing form which identifies the project cost as $170,000 and request for $83,200.
4) Garner Farley Bog Lease
Agent McManus met today with Joyce Mason, Town Manager, to discuss the lease terms for the Garner Farley Bogs, which have been determined to be a 10 year lease. In 2010 the town will see 10% revenue and beginning in 2011, the town will receive 20% net value per barrel. The bog is already 75% ready to farm and needs only basic maintenance. Town Counsel is working on the official lease.
5) Administrative Secretary
Of the four finalists, the position has been offered to Karen Heron, of Mashpee, who will begin work on June 8. Ms. Heron has significant experience in administrative duties.
6) Mashpee Land Stewards Meeting
The next meeting has been scheduled for June 9 at 6:30. The meeting will be held in Conference Room 1. Five hundred boundary signs have been ordered, and will read Mashpee Conservation Land. The Agent hopes that the volunteers will assist in posting the signs.
7) Mashpee National Wildlife Refuge-Road Widenings
Brush clearing machines will be on the land widening roads to allow for fire vehicle access. Agent McManus will be on site tomorrow while the machines are on the refuge land to ensure that the appropriate cutting and pruning occurs.
8) John Johansen Conservation Area
The sign created by Richard Pawlack has been installed around the corner on Meetinghouse Road. The trails will require additional brush cutting. August 19 has been identified as the date for the dedication ceremony. In addition to John Johansen’s family members attending, Bob Sherman will also be in attendance. The boulder and plaque will be in place for the event. A specific time for the ceremony will be determined at a later date.
9) Trax Stix-GPS
The Agent has received the Trax Stix which will be used by volunteers as they walk their parcels. The device attaches to a belt or key chain and takes readings every 5, 10 or 20 seconds as the volunteer to plot trails or mark boundaries. Agent McManus will establish a protocol for volunteers to sign out the technology.
10) DEP Superceding Orders Update
Keene-The issue was an inherited violation relating to a cabana on the coastal bank. The DEP determined that the cabana did not need to be dismantled, according to their definition of inland bank, because there was no impact to the coastal bank’s ability to fulfill its performance standards.
Kiulius-The issue concerned an egregious violation of cutting a minimum of 9 trees on the top of the inland bank on Ashumet Pond. The DEP approved the latest plan which amounts to approximately 14 trees on a 12 foot center.
Marselais-The issue was regarding a home on a cul-de-sac near Bay Shore Road and near Red Brook. DEP has upheld the plans to build the home according to the way in which it was presented to the Commission.
Hearing Agenda
7:00 John Mates, NOI – 53 Hooppole Road (After-the-fact seasonal dock) (Continued from 3/5/09)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:18 pm at the request of the applicant.
7:03 Trust of Cotuit Bay Condos, NOI – Quinaquissett Ave (Vista pruning) (Continued from 4/16/09)
Although the wildlife habitat evaluation study was completed, it was not completed in time to allow for update of the plan to reflect the results of the study.
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:27 pm at the request of the applicant.
7:06 Ron Bourque, RDA –Monomoscoy Road (Osprey platform) (Continued from 4/16/09)
Agent McManus stated that the hearing was previously continued due to the location of the proposed platform to be located on town land. Ron Bourque stated that the only access to the location proposed for the platform is by water or by crossing Mr. Bourque’s or his neighbor’s property. Mr. Bourque attended a meeting with the Board of Selectmen to discuss his proposal last week, who questioned liability issues of locating the platform on town property. Mr. Bourque investigated the concern online, nationwide, and found no issues of liability other than ospreys who have nested in power poles and chimneys, causing added damage. Mr. Bourque’s feels that his proposal will reduce the potential of such liabilities by installing the platform because there are so many osprey in the area. Jim Rasmussen of the Waquoit Bay Estuary has offered to discuss the project with the town and monitor the site monthly to check on its condition. Agent McManus has spoken with the Town Manager regarding
the request, and confirmed that the Selectmen had approved the request but that Mr. Bourque would be following up with his insurance company. Mr. Bourque confirmed that he would be contacting his insurance company. The Agent further stated that the Commission always supports erecting more platforms for the osprey. The possibility of posting a bond was briefly considered, but typically the Commission has not pursued bonds.
Motion made, seconded and unanimously for a Negative Determination.
7:09 James Shalek, NOI – 127 Popponesset Island Road (Demo/re-construct single family home, with pool, patio, garage and landscaping) (Continued from 4/30/09)
Michael Talbott of Michael Talbott Associates addressed the Commission. Mr. Talbott initiated his presentation with a discussion about the mitigation regulation as an effort to encourage greater enhancements in mitigation in exchange for allowing more flexibility with some aspects of a project. Mr. Talbott described the existing property as a 30+ year old home, which has lost its view of the bay and which the applicant wishes to expand space to entertain family and friends, expanding a patio into the turf area. The delineation was pushed back to allow 25 feet between the edge of the phragmites. The proposal includes tearing down and rebuilding the home with all amenities and adding a small saline pool and patio that will extend into the area of existing turf. According to mitigation calculations,
4000 square feet of mitigation will be needed. The light green areas indicated on the plan represent areas proposed for turf removal with re-planting of coastal shrubland or sampling grassland habitat. Mr. Talbott has submitted an extensive planting list which represents approximately 11,000 square feet of mitigation. The applicant has also expressed interest in eliminating the phragmite area totaling 5000-6000 square feet. Extensive mitigation is being offered in exchange for the applicant’s proposal to access a better view, but still not as close as the neighbors’ homes. John Slavinsky of Cape & Islands Engineering added that the Board of Health has submitted documentation that the project is under review and that an inspection will be conducted to confirm the leeching facility’s capacity. Mr. Slavinsky confirmed that the existing 3 bedroom home will become a 4 bedroom home and that the septic will be suitable for a 6
bedroom home.
Agent McManus noted that the original delineation needed to be reconsidered and confirmed that Mario DeGregorio re-staked the wetland to show the natural wetland line. Agent McManus further stated that the turf has been in place for some time. The Agent questioned the possibility of moving the patio and pool back, noting that it is currently 14 feet from the wetland edge. Agent McManus asked if an analyses had been conducted to investigate the possibility of shrinking the footprint of the garage or home, in order to set back the pool and patio so that it would not be so close to the wetland. The Agent agreed that the mitigation regulations were drafted for projects such as this proposal and quoted the bylaw. The Agent further noted that the applicant has offered substantial mitigation.
Agent McManus wishes to ensure that no damage occur to the wetland, particularly in regard to runoff from the patio. Mr. Talbott stated that the original patio has been pushed back 25 feet from the wetland. Mr. DeGregorio reported that he assessed the soils, hydrology and vegetation and noted that the property was an extremely altered site. Mr. DeGregorio stated that the wetland was not pristine and that it was a phragmite marsh and not a diverse wetland. Mr. DeGregorio added that the removal of the turf and addition of native species will protect the water quality and enhance the protection of wildlife habitat. Mr. Talbott addressed the concern about stormwater runoff from the patio and stated that numerous plants and shrubs will be placed around the patio to act as a sponge. The plantings will absorb the runoff and infiltrate it through the buffer zone effectively. Likewise, pollutants running through the root zones will be
mitigated. The Chair noted the large size of the lot and questioned the location of the new home in relation to the existing home. Mr. Slavinsky confirmed that the new home will be located closer to the wetland. Mr. Talbott noted that the applicant wishes to make better use of the location and space and Mr. Slavinsky added that the house will be just 46 feet from the road, and noted the 40 feet zoning requirement. Agent McManus confirmed that the home will be encroaching closer to the wetlands and stated that waivers take affect regarding the compelling need and whether or not a setback is possible. Typically, a compelling need is related to a health and/or safety issue. Mr. Shaw stated that significant mitigation is being offered. Agent McManus further questioned whether the encroachment would negatively impact the wetland, but agrees that the phragmites have little value and competes with native species. Mr. Slavinsky suggested that
plans were considered to eradicate the phragmites and Mr. Talbott stated that continual management is required to successfully eradicate them. Mr. Slavinsky confirmed that the patio will be raised, supported by a stone wall, and the maximum height will be 6 feet. The patio will be a permeous stone surrounded by coastal shrubland, with no walking area surrounding it. The patio apron that extends to the boardwalk will be 4-5 feet wide. Agent McManus suggested the possibility of reducing the stone patio area where accessibility is less necessary and adding more plantings. Mr. Allen questioned the size of the garage to which it was confirmed that it was a two car garage plus one for boat storage. Mr. Gurnee agreed that the land is totally disturbed, with no real original vegetated value at present, and felt that restoration would add value. Mr. Allen also supported the proposal as long as runoff is captured from the patio, stated that the
mitigation is substantial and suggested shrinking the size of the garage as a consideration.
Christine White, an abutter, questioned the effectiveness of water retention on the property once the soil is displaced from the installation of the pool. Mr. Talbott suggested that the applicant’s proposal will allow better absorption, and further stated that the pool will not result in a lot of displacement. Alfred White asked about the required setback of the patio to which Mr. Slavinsky responded that the pool zoning setback is 15 feet and the patio is 0 feet.
Motion made, seconded and unanimously carried to Close and Issue.
7:12 New Seabury Condos 1B, NOI – 90 Shore Drive West (Construction of stairway down coastal revetment & access pathway to stairs)
Motion made, seconded and unanimously carried for a Continuance until 6/11/09 at 7:06 pm at the request of the applicant.
7:15 Town of Mashpee, NOI – 16 Great Neck Rod North (Implementation of erosion control measures at South Cape Beach to protect the parking lot from storm damage) (Exempt from filing fees)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:24 pm at the request of the applicant.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:10 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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