DRAFT
Mashpee Conservation Commission
Minutes of May 14, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, John Rogers, Ralph Shaw, Lloyd Allen, Jeff Cross, 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) Administrative Approval: SE 43-2461
The BSC Group, represented by Mathew Creighton of Maushop Village Beach presented the organization’s plan to provide nourishment to the beach. The nourishment erodes throughout the summer creating a two tier beach where only a small section can be utilized. The existing Order of Conditions allows nourishment and beach raking. In order to maintain the steady slope to the water, rather than the steep drop off, the applicant wishes to allow beach raking equipment to re-grade the beach profile while it is on the beach during the summer months only. Agent McManus stated the request is straightforward and is a concern of public safety. Chair Fitzsimmons questioned if it would be an annual procedure, to which Mr. Creighton confirmed that it would be annual but only during the summer months. Mr. Cross questioned the type of erosion experienced. Mr. Creighton responded that a steep drop off, 2 ½ to 3 feet, is created that becomes progressively worse during the summer. Erosion is
caused by tides and most of the pre-depositing is going to Popponesset.
Motion made, seconded and unanimously carried to approve Administrative Approval SE 43-2461 regrading the beach.
2) Approval of Minutes from April 16, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of April 16, 2009
3) Mashpee Land Stewards Meeting Date
The next meeting has been scheduled for June 9 at 6:30. The meeting will be held in Conference Room 1.
4) Town Counsel
The official lease agreement will be drafted for the Fairland Farms Cranberries for Garner Farley Bog at the end of the month.
5) Shields Property Update-John Johansen Conservation Area
The sign created by Richard Pawlack will be installed next week. A parking area plan will be submitted to the state and Agent McManus expects that the lot will be in place in the beginning of June. Agent McManus is working on a date to host a ceremony for John Johansen.
6) Americorps
Americorps has completed trailwork at Shields Property as well as at Bessie Bog.
7) Fire Wise
Agent McManus is working on setting up a meeting with Fire Wise, an informational public meeting for residents in the area of Mashpee River Woodlands regarding wildfire treatment.
8) NStar Easement Pruning at Mashpee River Woodlands
The Agent met with the NStar arborist regarding a federally mandated brush cutting. Any vegetation extending over the riverbank and river will not be touched.
9) Partnership Lands Access/Wildfire Control Pruning
Agent McManus has provided each Commissioner with a handout about Partnership Land Access/Wildfire Control Pruning. The pruning will occur next week so anyone with questions is encouraged to contact the Agent.
10) Welsh and Cammerato
Mr. Shaw questioned the status of Welsh and Cammerato, regarding a driveway. A concern has been expressed about runoff from a particular driveway into the salt marsh, which could not be worked out. The Agent needs to follow up with an enforcement order and he expects it may continue to land court. The Agent would recommend the driveway size be reduced.
Hearing Agenda
7:00 Carol Augustyniak, NOI – 52 Spoondrift Way (Demo/reconstruct house) (Continued from 2/5/09)
John Slavinsky of Cape & Islands Engineering represented the applicant. In response to concerns expressed by both Commission members and abutters, Mr. Slavinsky coordinated a meeting with concerned representatives, distributing sketches and creating the plan being presented. The greatest concern expressed involved the 3100 square foot original footprint, which has now been reduced to 2650 square feet. The next concern was regarding the 2nd floor deck that jutted out over the existing deck, which has now been removed. Additionally, a section of the home was planned to extend out over the existing house near the walkway that goes to the dock. This extension has been eliminated. The stone patio has also been moved in. Abutters were concerned about a covered porch with
plans to have a second story. The covered porch remains but the second story has been removed. Regarding vegetative removal on the embankment, concerns expressed by the Assistant Agent and an abutter’s consultant have resulted in eliminating those plans. Planting will only occur in the existing areas of erosion. Rain gardens have been replaced with a system of dry wells. The Zoning Board of Appeals also expressed concern about the covered porch being to close to the embankment, and a compromise has been reached by creating a 10 foot buffer as indicated on the plan. An additional change concerned the pool, which has been eliminated from the plans. Finally, runoff from the stone patio has been addressed by creating a 1 foot stone filled trench to extend around the perimeter. Michael Talbott of Michael Talbott Associates has also adjusted the landscape plan. Mr. Talbott noted that the areas on the plan highlighted in dark
green are slated for mitigation while the lighter green areas represent existing vegetation or mulch and non-native trees. Mr. Talbott is focusing on the areas within the 50 foot buffer zone around the property and has provided a detailed plant list. Eroded areas will be re-vegetated as well as in the sedimentation of the marsh. A combination of coastal shrub and grasses and 100% native species will be used. An area of crush stoned mulch will be replanted with mitigation. The total amount of mitigation is well above what is required by the plan at 2000 square feet. A sassafrass will remain on the property. Agent McManus questioned the methodology for the demolition of the home, particularly regarding heavy equipment at the back side of the house and requested that a written methodology be submitted. Mr. Slavinsky stated that all equipment would remain inland and that there is no need to submit anything in writing. Mr. Cross
asked about a bond should the coastal bank be destroyed during the demolition and construction. Agent McManus confirmed that protection of the bank could be written into the Order of Conditions. He further noted that an area can be fenced in as a “no touch zone” and that an onsite between the Agent and the contract would occur prior to any work being initiated. Mr. Cross emphasized his concern about the bank and the need to hold the contractor liable for any damage to the bank because it is a critical resource protecting the area. The Chair read a memo from the ZBA indicating approval of the permit, with the plan dated February 25. Mr. Cross has asked about the value of the bond, but Agent McManus assured the Commission is intent to work closely with the contractor to ensure the protection of the bank. Agent McManus further stated that an enforcement order and daily fines would be levied due to the Wetlands Protection Act and the
local bylaw, should there be damage to the bank.
Motion made, seconded and unanimously carried to Close and Issue.
7:03 Daniel LeBlanc, NOI – 9 Tuspaquin Road (ATF irrigation, walkways, new shed, patio and wall) (Continued from 2/5/09)
John Slavinsky of Cape & Islands Engineering represented the applicant. The Commission requested additional plantings at the edge of the property by the pond, labeled Bed Number 6 on the plans, to create a buffer zone in that area. The plant list is also in the file. Agent McManus stated that the work was after the fact but indicated that the nature of the work did not fall under terminating factors. The new shed, patio and deck were completed on an existing long and there was no removal of native vegetation. At the front of house, a walkway was re-laid. With the exception of the lawn, all projects fell within the original footprint. Agent McManus met with the homeowner who expressed concern about the timing of the hearing as it related to seeding. The Agent offered
approval to proceed with seeding using a Conservation mix in an effort to stabilize the area as soon as possible. A variety of high wildlife habitat value shrubs are also being installed. Agent McManus expressed concern about the wall, that was included in the application but has not been completed. The applicant wishes to keep the wall on the life of the permit.
Motion made, seconded and unanimously carried to Close and Issue excluding the wall.
7:06 New Willowbend Golf & Country Club, NOI – 91 The Heights (Construct single family, appurtenances and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:03 pm at the request of the applicant.
7:09 New Willowbend Golf & Country Club, NOI – 95 The Heights (Construct single family, appurtenances and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:06 pm at the request of the applicant.
7:12 New Willowbend Golf & Country Club, NOI – 93 The Heights (Construct single family, appurtenances and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:09 pm at the request of the applicant.
7:15 New Willowbend Golf & Country Club, NOI –89 The Heights (Construct single family, appurtenances and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:12 pm at the request of the applicant.
7:18 New Willowbend Golf & Country Club, NOI – 97 The Heights (Construct single family, appurtenances and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:15 pm at the request of the applicant.
7:21 John Ghublikian, NOI – 140 Summersea Road (Demo/construct new single family home, appurtenances and landscaping)
Agent McManus pointed out the two sets of plans, one that is labeled “existing conditions” and the second as the “wetlands permit plan.” The third landscaping plan will be considered at another time. Steve Wilson represented the applicant for this project along with Steve Cook, architect, and John Ghublikian. Mr. Wilson stated that the applicant wishes to remove the existing home and foundation to construct a new home. The project was first considered for an RDA in April regarding delineation of vegetated wetlands, which has been verified by Agent McManus. At present, the house with a garage beneath is located within the coastal bank and Mr. Wilson identified the wetlands line. The applicant proposes to construct a new home in the same area as the existing home,
but the size will be slightly larger. The additional size consists of a one car garage. The work limit has been identified. Two leach pits will be pumped and filled and a distribution box will be installed to utilize the existing septic system. The existing stone driveway will be reconstructed in place and a paved driveway with a turn around circle will be added. To collect runoff from the house, a leach pit will be in the front yard where driveway runoff will collect. The landscape restoration plan includes mitigation to provide a buffer to the vegetated wetland. It was clarified that a garage would remain under the home and an additional garage, level with the house, will be located on the side. There would be two driveways, one, the existing stone and an asphalt paved driveway at the front of the house. The Chair and Mr. Cross expressed concern about the slope of the paved driveway and its ability to drain. Mr. Wilson
indicated that the slope was approximately 4 feet with an 18 contour and a return of the driveway is 14. Mr. Ghublikian indicated that he would be willing to use pavers in place of the asphalt driveway to allow better drainage. Agent McManus confirmed that the pavers allowed better drainage than the asphalt driveway. It was asked if New Seabury had approved the plans for using pavers to which Mr. Cook responded that the landscape plan with the asphalt had been approved. The final construction plans will be re-presented to New Seabury following final approval from the Conservation Commission and the Zoning Board of Appeals, which approved the project with no changes a few weeks ago. Mr. Cross asked about the foundation, to which Mr. Wilson responded the use of 8 inches of gravel. Agent McManus asked about the catch basin, which is located by the driveway. Agent McManus expressed concern about runoff in particular areas and questioned the
need for such extensive driveway space. Mr. Wilson responded that the garage was added with access to the first floor because the owners intend to retire to the home and would allow easier access into the home. At the location of cobble edging, Agent McManus expressed concern about the ability to catch the runoff. Mr. Wilson indicated that water is being redirected from the garage.
Motion made, seconded and unanimously carried to Close and Issue, substituting pavers for the proposed asphalt driveway.
7:24 Anne Kibrick, NOI -127 Pickeral Cove Road (Landscaping, replacing rotting timber retaining walls and stairway, vista pruning)
Bob Gray of Sabatia Inc. and Jeff Ladner of JW Landscaping represented the applicant. The project consists of an existing home with 30 year old retaining walls that have deteriorated, and require replacing. All work will occur in the buffer and not a resource area. The applicant also proposes to replace deteriorating steps made of landscape ties that lead to the pond. The steps will be reinforced by #5 re-bars, and driven 18-24 inches deep through the timber, using 2 ties. Mr. Cross indicated that his preference is for ¾. Grass will be used among the steps. Mr. Ladner stated that 12 inch timber locks will be used for the wall with 3200 lb. tunsel strength. Regarding the methodology, Mr. Ladner indicated that the track equipment used to remove the debris will travel
backwards up the hill where it will be deposited in a container on the driveway. The applicant has also requested vista pruning for three trees, within 20 feet of the house on the pond side of the front of the house. Natural Heritage has responded that as long as pruning activity is restricted to the 3 trees, the other activities are considered exempt. Agent McManus questioned the vista window, and Mr. Gray responded that the width of the lake frontage is 265 feet. The Agent reminded Mr. Gray about the vista pruning regulations regarding 50 feet of view corridor for every 200 feet of frontage; existing view corridors are included in the allowable amount. Agent McManus will work with Mr. Ladner to confirm that the amount stays within the guidelines.
Motion made, seconded and unanimously carried to Close and Issue.
7:27 Marty Finch, RDA – 39 East Road (Replace portion of existing onsite sewage disposal system-ATF)
Jack Vaccaro of Vaccaro Consulting represented the applicant. Following the purchase of the property the applicant, it was discovered that the previous owner replaced the septic system without approval from the Conservation Commission. Some of the work performed fell within 100 feet of the inland bank. The installer was unfamiliar with the local regulation regarding the setback. Mr. Vaccaro described the property as steeply sloping and opposite of East road from the pond, but the inland bank extends to the shoulder of East Rd. Access was achieved at the rear of the property by Preakness Ave. The applicant wishes to restore some of the disturbed area with native species, as submitted on the plan. Agent McManus confirmed that it was an honest mistake and that the project is already
completed, other than the plantings.
Motion made, seconded and unanimously carried for a Negative Determination.
7:30 Alan Isreal, RDA – 21 Vineyard View Lane (Proposed landscape/hardscape changes)
Steven Cook of Cotuit Bay Design LSC represented the applicant. Mr. Cook indicated that the home is one of the few in Maushop Village which features a basement. A bedroom is located in the basement with an egress window well where water leaked. It was determined that the grade and patios are directing water toward the house. The applicant proposes to add gutters to the home, 4 dry wells, rebuild the patios to slope the grade away from the house and pull soil away from the house. The ARC and the Trustees of Maushop Village have approved the project. The limit of work area will be in a previously disturbed area of rosa rugosa and other plantings, the plantings will be replaced. Agent McManus confirmed that the project is straightforward and stated that he sees no impact to the
resource area of Maushop Beach.
Motion made, seconded and unanimously carried for a Negative Determination.
7:33 Daniel Spurling, RDA – 55 Redwood Circle (Proposed chain link fence)
Susan Spurling addressed the Commission regarding her proposal to install a 3 foot height fence in the front and along the sides of the home, with a 6 inch space beneath the fence. Agent McManus questioned the total length of 196 feet as indicated on the plan to which Ms. Spurling responded that it was the total length from one corner to the other. Agent McManus explained the layout referencing the photos. Agent McManus recommended keeping the fence as far off of the riverbank as possible due to the possibility of future construction in the area. Ms. Spurling questioned the purpose of the dog cage-like structure to which Agent McManus responded that it was owned by a state agency to monitor the herring and the fencing is required to keep children out.
Motion made, seconded and unanimously carried for a Negative Determination.
7:36 Shane Caiazzo, NOI – 8 Chart Way (Demo/construct house, bulkhead repair) (Continued from 4/30/09)
Jack Vaccaro of Vaccaro Consulting represented the applicant. Mr. Vaccaro stated that he was present to report on the progress made to address changes recommended by the Commission. Since the April 30 Public Hearing, the proposal has been reviewed by the Zoning Board of Appeals. A revised set of plans have been submitted and Mr. Vaccaro asked that Commissioners take a look at the buffer strip restoration plan dated May 8. Additionally, the revised site plan should be dated April 15. On the revised site plan, minor architectural modifications have been made to the west façade, altering the footprint slightly with a 2 foot bump out and a small cantilever section. An equivalent reduction in the building footprint was made elsewhere in order to maintain the square footage as previously
submitted. In response to the Commission’s request to increase mitigation of native plantings, an additional 1000 square feet has been added below the garage, restoring the 50 foot buffer zone to its full extent—mitigation will extend out to the 50 foot offset line for the bordering vegetated wetland. Mitigation now totals 5600 square feet, which is double the amount required by the guidelines. Regarding the Zoning Board of Appeals, the house has received relief from the front yard setback of 30 feet, instead of the 40 foot requirement. A detached garage was also discussed at the ZBA meeting to which it was indicated that the Board would not accept the project.
Mr. Vaccaro stated that Mr. Caiazzo has made every effort to make the project work at this challenging site. Agent McManus agreed that it was a challenging project. The Agent concurs with Mr. Vaccaro about the performance standards of the coastal bank. Agent McManus addressed the Commission’s concerns about the waiver of requirements as it relates to the garage encroaching closer to the coastal bank. Agent McManus clarified the three components of the waiver of requirements as A) is there a compelling need, B) to what degree are normal standards being asked to be put aside and C) to what degree will compensatory mitigation measures offset the impact of the waiver of standards resulting in significant enhancement to protect wetland values. In Agent McManus’ opinion, the mitigation
being offered is a substantial upgrade to what is currently present. Regarding A and B, Agent McManus has not heard a compelling reason to add the garage and feels that the normal standards being put aside are key for evaluating the project, with consideration of the performance standards for the coastal bank and its ability to provide storm damage protection. Agent McManus stated that the project is not an easy one for rendering a decision but recommended that the Commission adhere to consideration of the performance standards. Mr. Cross agreed that the mitigation offered is very generous but expressed concern about the location of the garage and the construction of the home. Mr. Cross questioned why the deteriorating bulkhead is not being addressed before building the house and what measures are to be taken should the bulkhead fail. He further expressed concern about the ability to move heavy equipment in the area without destroying the bank.
Agent McManus confirmed that bulkhead plans are stated as limited repairs and backfilling with plantings. Agent McManus agrees that the intended repairs are only a short term solution and suggested that it may be appropriate to have the bulkhead inspected by an engineer and determine its stability. Mr. Vaccaro indicated that Mark Burtis had reviewed the bulkhead and presented his findings at the last hearing and no concerns were expressed at that time. Agent McManus suggested that a certified engineer review the bulkhead. Mr. Cross questioned the type of tiebacks to be used. The Chair recommended that a plan be submitted by a registered engineer with a methodology on how the repair will be completed and the timing to ensure that the work is completed prior to the construction of the home, and include it within the Order of Conditions. Mr. Vaccaro suggested the possibility of the work being completed from the water side. A discussion
continued regarding the effectiveness of the tiebacks being used in the area. Mr. Vaccaro is willing to submit a plan to repair the bulkhead from a certified engineer. Mr. Vaccaro further stated that once erosion controls are established and limits of work are marked, the contractor would demolish the house and remove the debris, allowing free access to the house. Agent McManus asked Mr. Vaccaro about the methodology for the removal of the home. The Chair expressed concern about the impact of the coastal bank but further stated that it was an artificially created coastal bank. Due to the inlet and shape of the creek, the Chair agrees that the bank is not significant to storm damage prevention. The Chair further stated that the applicant has made many changes to satisfy neighbors and Commissioner’s concerns. Mr. Allen suggested that the applicant will need to mitigate with salt tolerant plants in the area prone to flooding to which Mr.
Vaccaro indicated that the intent would be to use beach grass and rosa rugosa. On the non-armored portion of the lower coastal bank the area will be planted with bayberry plants. Mr. Vaccaro submitted for the record a letter identifying why the performance standards do not apply to this particular coastal bank. Agent McManus reviewed the content of the letter for the Commissioners and stated that it reiterates what has been previously discussed.
Phil Cohen of 9 Chart Way, located on the northern side of the property, was recognized to offer public comment. Mr. Cohen expressed concern about runoff that has entered his property from the current home and stated his support of the drywells that have been added to prevent future runoff from entering his property. Agent McManus confirmed that anything on the plan is considered the plan of record and will be part of the Order of Conditions. Steve Bell, of 45 Popponessett Island Road, stated his desire to have bylaws that would enforce homeowners to maintain their bulkheads. Mr. Bell is pleased with Mr. Caiazzo’s efforts to improve the property.
Motion made, seconded and unanimously carried to Close and Issue.
7:39 Richard Horseman, RDA – 130 Wheeler Road (After the fact approval and maintenance in perpetuity of existing wooden steps on inland bank to Ashumet Pond)
Michael Talbott of Michael Talbott Associates addressed the Commission on behalf of the applicant. Mr. Talbott distributed photographs of the property which were recently purchased. The previous owner had installed a set of steps on the inland bank leading to the water. Agent McManus discovered the stairs during an on-site visit for a Certificate of Compliance. The stairs were not included in the initial filing so it was recommended that the owner file and RDA to have the stairs on the record. Mr. Talbott further suggested that a 4 foot path would have been allowed. Agent McManus suggested that bare areas be planted to which Mr. Talbott indicated that plantings have been discussed for the side areas.
Motion made, seconded and unanimously carried for a Negative Determination.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:30 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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