DRAFT
Mashpee Conservation Commission
Minutes of April 30, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, John Rogers, 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 43-2499-3 Keelan Way
Alan Clapp, owner of the property, addressed the Commission regarding his proposal to relocate mitigation and stone steppers. Mr. Clapp previously represented his sister-in-law for a similar request to relocate previously approved mitigation plantings closer to the coastal bank. The applicant wishes to move 252 square feet of mitigation plantings away from the driveway area to adjoin an additional planting area currently in existence. Mr. Clapp also wishes to move previously approved blue stone steppers closer to the driveway from the coastal bank area and place additional steps at the bottom of the deck to create a pathways separating people from the plantings. Agent McManus confirmed that a similar request was recently approved by the Commission.
Motion made, seconded and unanimously carried to approve Administrative Approval SE 43-2499.
2) Approval of Minutes from April 2, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of April 2, 2009
3) Shields Property Update-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. Richard Pawlack, who has created all of the town’s Conservation Land signs, was hired to create the sign for the location off of Meeting House to be known as the John
Johansen Conservation Area. The sign has been completed and is ready to be installed. Americorps will be building the trail on May 4. The trail will connect with the Fisheries and Wildlife Land. Cape & Islands will be paying for a plaque to be placed on a boulder from Ron’s Excavating. The plaque will include the name, John Johansen Conservation Area, as well as the town seal and the symbol for the state’s Land Bank Fund. The Department of Public Works will be creating a four car parking area in front of the property. Agent McManus will plan an event, possibly at the end of June, inviting the family of Mr. Johansen and other interested parties to honor Mr. Johansen and celebrate the addition of the land.
4) Land Stewardship Program
The GIS training program with Tom Mayo had a good attendance, although some seasonal volunteers have not yet returned to town so Agent McManus hopes to host another session. The session was helpful to volunteers to learn how to use the GIS website to determine parcel boundaries and other maps to check for encroachment. Mr. Mayo suggested GPS devices known as “Trax Stix” which the Agent plans to order to be used by volunteers as they walk their parcels. The device attaches to a belt or key chain and will plot the trail as the volunteer is walking. The information can then be downloaded by Mr. Mayo to add trail information to GIS. The Agent also reported that a database is being created for each parcel utilizing information received from volunteers. The Agent
will order a number of signs to identify parcels as Conservation Land, and he is hopeful that volunteers will assist with installation. Green trail marker signs that say “Mashpee Conservation Land” have also been ordered. Agent McManus is also working on creating a newsletter utilizing the town’s website in order to keep the Stewards updated. The Agent plans to host a meeting possibly in mid June. Agent McManus will continue to assign parcels to volunteers but would like to reorganize the program in such a way that projects can be assigned to stewards who have already gathered the necessary information about the parcels. Work groups could be created to perform manual labor, research information in the office or run trail cleanup days. The responsibility for the Land Stewardship program will remain with the Assistant Agent, along with other Conservation responsibilities, once someone has been hired for the position. The
Chair suggested newspaper coverage for the Program to which the Agent responded he had already been in contact with Brian Kerhl of the Mashpee Enterprise.
5) Enforcement
Agent McManus announced that enforcement had stepped up, particularly at John’s Pond, on the weekends. The Agent would like to identify additional areas that could be gated. He wishes to look at parcels and identify areas that will allow public access but gate off areas that should not have excessive access, using lock boxes to allow access for emergency responders. Agent McManus noted that some areas are restricted but not consistently across the board. The Agent wishes to protect parcels and eliminate illegal activities
while allowing public access and installing proper signage. He also noted that funds are available to pay for gating.
6) Mashpee River Woodlands-Wildfire Prevention
Funds in the amount of $22,000 have been received for wildfire treatment and gates. The Agent is speaking with Chief Baker about hosting a meeting for area residents to discuss upcoming mechanical treatment. Chief Baker has also suggested introduction of “Fire Wise,” a state sponsored program, to discuss smart practices to reduce wildfire hazard. It was suggested that a chipper be made available once a year, on a designated day, so that local residents bordering the parcel can easily remove their brush.
7) ConCom Membership
The Commission briefly discussed the resignations of members Bob Anderson &, Jack Mates and Cass Costa (leave out Cass Costa). Agent McManus suggested inviting Associate Member Mark Gurnee to become a full time member.
Hearing Agenda
7:00 James Shalek, NOI – 127 Popponesset island Road (Emo/construct house, septic, pool, patio) (Continued from 3/19/09)
Agent McManus confirmed that the delineation of the wetlands had not yet been completed. The delineation and on site should be completed in time for the 5/28 meeting.
Motion made, seconded and unanimously carried for a Continuance until 5/28/09 at 7:09 pm.
7:03 Richard Proulx, NOI – 29 Hamblin Road (Construct & maintain a pool with bluestone apron, septic pump and shed relocation. Mitigation plantings) (Continued from 4/2/09)
John Slavinsky of Cape & Islands Engineering addressed the Commission on behalf of the applicant. The project has been reduced by 2 feet because the Commission expressed interest in reducing the overall size of the project. It was determined that the pool was too small, so the patio has been reduced to a 1 foot apron (3 feet is not required as a minimum according to the Building Department), allowing now for 46 feet from the wetland. Agent McManus had requested that elevation 12 be re-staked due to Chapter 172 requirements and noted that the slope
difference is minimal. The Zoning Board of Appeals has approved a variance, with the condition that the pool would be filled in when the owner’s son is no longer living in the home. The pool will be saline. Agent McManus noted that substantial mitigation has been offered. The superceding COC from DEP has been resolved and a pathway will be filled (planted) in and steps removed. Agent McManus expressed concern about the project invading the
vegetative buffer but further stated that Mr. Slavinsky has revised the project so that no disturbance occurs in the buffer. Regarding the performance standards, Agent McManus stated that there is no impact whatsoever and recommends a close and issue.
Chairman Fitzsimmons asked for additional comments regarding this project to which Richard Moore, an abutter at 21 Hamblin Road, addressed the Commission. Mr. Moore questioned the process if the pool is filled in and whether or not the owner would need to submit an additional proposal for the project. Agent McManus confirmed that the owner would be required to re-file to the Conservation Commission.
Motion made, seconded and unanimously carried to Close and Issue.
7:06 Dawn Franklin, NOI – 416 Monomoscoy Road (Demolition and removal of an existing deck and construction of a new deck and access stairs)
Jack Vaccaro represented the applicant on behalf of Falmouth Engineering. The straightforward project involves the replacement of two decks located in the rear of the house with a new deck and stairway. The stairway will extend within 100 feet of the bordering vegetated wetland of the river. Agent McManus agreed that the project was straightforward and received clarification that the square footage amounts to 37x60. The project requires a Notice of Intent because it is located in Flood Zone A. The photos indicate an existing lawn in the area and Agent McManus added that there will be no encroachment on the resource area. DEP had no comments and the project does not fall under Natural Heritage Jurisdiction. Agent McManus recommends a close and issue.
Motion made, seconded and unanimously carried to Close and Issue.
7:09 Joan Gray, RDA – 17H Riverview Avenue (Cotuit Bay Condos) (Enlargement of ground level deck)
Michael Di Noia, a builder, addressed the Commission on behalf of the applicant. Mr. Di Noia described the project as an extension of the current 5x7 deck, expanding it to 10 feet wide by 12 feet high. Agent McManus shared a photo indicating the deck would be 30 feet off of the inland bank leading down to the Santuit River. The fronts of the homes have grass with scattered plantings. Agent McManus sees no impact and suggested that it is a small expansion. The Chair asked how the deck would be built, to which Mr. Di Noia responded that it would be placed on 3 sonotubes and use pressure treated wood.
Motion made, seconded and unanimously for a Negative Determination.
7:12 Alfred Clemens, NOI – 74 Waterway (Alterations and repair to floating dock, rehab of landscaping) (Continued from 4/16/09)
Jack Vaccaro represented the applicant on behalf of Falmouth Engineering. Mr. Vaccaro described the project as straightforward, involving the bulkhead and dock located on Spinnaker Cove. The float is secured to the shore on the bulkhead by arms which are failing. The applicant wishes to remove the arms and install two piles so that the float can be secured. The Chair questioned the request for landscaping, to which Mr. Vaccaro described the land slumping at the bulkhead and plans to bring it up to grade. Agent McManus clarified that landscape plans had been submitted. Mr. Vaccaro was unfamiliar with the landscaping plans and the Chair asked about putting landscaping in the Order of Conditions. Agent McManus has reviewed the landscaping plans and indicated that it was an upgrade to
the current condition of the property. Addition plantings will be added to the rear and front of the property. Conservation Commission jurisdiction extends approximately halfway down the driveway. Agent McManus questioned the repair of the bulkhead to which Mr. Vaccaro responded that the cap required a replacement. Agent McManus asked about the ice damaged piles he noted in the area. Mark Burtis of Little River Dock Construction responded that as pilings are taken out and then replaced, they become loose unless they have been driven to refusal. He also indicated that the neighbor’s bulkhead to which the Agent referred was an extreme situation. Mr. Burtis noted that part of the applicant’s wall is failing and needs to be cut down and built back up, but that project would be completed at a later date. Mr. Burtis added that two piles to hold the float would be more than substantial. A discussion began between the Commission and consultants regarding the scope of work
identified in the Notice of Intent. Agent McManus clarified that only the capping of the bulkhead and installation of the piles and landscaping are identified in the NOI. Agent McManus suggested that the replacement of the cap be considered under maintenance in perpetuity because it is a licensed bulkhead under Chapter 91.
Motion made, seconded and unanimously carried to Close and Issue.
7:15 Shane Caiazzo, NOI – 8 Chart Way (Demo/construct house, bulkhead repair) (Continued from 3/19/09)
Jack Vaccaro of Vaccaro Consulting represented the applicant. Mr. Vaccaro indicated that the most recent plan is dated on 4/9/09, and the revised buffer strip restoration plan is dated 4/17/09. Mr. Vaccaro is seeking a continuance because the Zoning Board of Appeals will be meeting on May 13 to consider the proposal. Since the building was shifted further from the wetlands, the project is in conflict with zoning setbacks from Chart Way so the applicant is seeking relief from the Zoning Board before continuing with Conservation. Mr. Vaccaro expressed preference to discuss the new changes to the plans at a later hearing. The Commission agreed it would be best to discuss the plans at the next meeting on May 14. The Chair questioned why the garage had not been moved to the other side to
which Mr. Vaccaro responded that the area was the best location for the septic and that the garage may not be located on top of the septic system.
Motion made, seconded and unanimously carried for a Continuance until 5/14/09 at 7:36 pm.
7:18 Pauline Medice, RDA – 22 Bates Road (Construction of osprey nest pole/platform)
Mark Burtis of Little River Dock Construction addressed the Commission on behalf of the applicant. Agent McManus shared an image of the location for the osprey nest pole and platform. Mr. Burtis indicated that he will install a 6” diameter piling, 20 feet high with a 3x3 platform on top with flow through
decking so that spoils fall beneath the structure. Mr. Burtis also installed another osprey nest locally in a similar situation. Mr. Burtis has seen evidence in the area that there are many osprey around seeking nesting sites. Agent McManus clarified that the salt marsh where the nest will be installed is owned by the applicant and that it is not town land. Agent McManus feels that the proposal is a great idea.
Motion made, seconded and unanimously for a Negative Determination.
7:21 Charles & Susan Clark, RDA – 130 Fells Pond Road (Reconstruct existing deck with 7 new sonotubes)
Diane Haroules represented the applicant, describing the project as a new deck constructed with Azak decking in the same footprint and the same size as the existing deck. The project will require digging to add the sonotubes. Agent McManus clarified that the sonotubes would be installed at the location indicated in the photograph and noted their proximity in relation to the top of the bank of Fells Pond. The deck is being installed in a heavily landscaped area.
Motion made, seconded and unanimously carried for a Negative Determination.
Motion made, seconded and unanimously carried to adjourn the meeting at 7:50 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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