Mashpee Conservation Commission
Minutes of April 2, 2009
Public Hearings
Mashpee Town Hall
Present: Vice Chairman Ralph Shaw, John Rogers, Jeff Cross, Mark Gurney, Lloyd Allen, Len Pinaud
Also Present: Conservation Agent-Drew McManus, Assistant Conservation Agent-Liz Leidhold
The meeting was called to order with a quorum by Vice Chairman Shaw at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda
1) Approval of Minutes from March 5, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of March 5, 2009
2) Administrative Approval: SE 43-2430
The owner, John Copley of 85 Waterway, addressed the Commission regarding his request for an outdoor shower to be installed on a pre-approved deck. The original Notice of Intent was for a septic system which was approved and completed. A second Notice of Intent included a pool and overall landscape design for the right hand corner of the parcel. The current request includes the addition of the shower to be attached to the exterior of the house, which will be connected to the septic. Agent McManus stated that the project was straightforward.
Motion made, seconded and unanimously carried to approve SE 43-2430.
3) Cape & Islands Engineering Request to Change Reavey Continuance Date
Agent McManus reminded the Commissioners about the Reavey’s approval for the After-the-Fact seasonal dock on John’s Ponds. During installation of the seasonal dock, several freshwater mussels, a state listed species of special concern known as tidewater muckets, were crushed violating Natural Heritage and Endangered Species. A conservation management plan has been in the works and finalized with Natural Heritage, resulting in a fine being levied. The original continuance had been requested for June 11. Agent McManus has been in contact with Natural Heritage and DEP who both agree that the Commission can move forward on the hearing. Cape & Islands has requested that the hearing be moved up to April 16 at 7:21. Abutters will be re-notified but no
announcement is required in the paper since it is a continuance. Agent McManus has no concerns regarding the change in date.
Motion made, seconded and unanimously carried to move the hearing to April 16 at 7:21.
4) Emergency Certification
Fire Chief George Baker and DPW Director Catherine Laurent requested that Agent McManus assess the Martin Road area as it enters the Quashnet River Woodlands and leads to an area where it passes over the river. Four to 6 water bars will be installed on the road to prevent sheet flow run off into the river. In its current state, the roadway could cause hazardous driving over the water bars so some modifications will be made to allow for emergency vehicles. Gates will also be installed. Work will be completed by the DPW in consultation with Waqouit Bay Additionally, Agent McManus noted erosion at the concrete structure at the end of Martin Road that would be accessed by emergency vehicles and recommended that rip rap stone be added. Commissioners must sign the
certification.
5) Wildfire Grant
Grant funding in the amount of $22,000 has been approved to implement a wildfire safety plan in the Mashpee River Woodlands. Money will go towards creating a forest access route into the Mashpee River Woodlands south, which will be gated. This is the largest area in Mashpee that remains to be mapped for wildfire safety. Grant funds will go towards equipment for mechanical treatment of fuel loading in the Woodlands, particularly in the area of the urban wildfire interface, the area abutting homes along conservation lands. The grant money has come from the Cape Cod Cooperative Extension and spearheaded by Bill Clark. The DPW and Fire Department will complete the work and the money will be received by the DPW. Some of the funds will be used to create a “smart
landscaping practices” brochure to be distributed to homes in the area so that potential wildfire damage can be reduced. Agent McManus described the mechanical treatment practice as dealing primarily with the understory, removing and pruning mechanically. There is not yet a schedule for completion of the project, but it must be completed by December 2009, and could be completed easily within one week. Three gates will be purchased, one for the access road and two to limit illegal dumping in the parcel.
6) Americorps Update
Agent McManus took an Americorps volunteer on a tour of the Shields property where Conservation will be required to offer a trail and provide parking and signage. Americorps will be able to assist with the trails at the Shields property as well as Bessie Bog and Johns Pond. Mr. Pinaud asked about the out buildings located at Bessie Bog and discussion followed regarding removal of the buildings by DPW. A building located at Quashnet is also under Commission ownership which Mr. Pinaud recommended usage as a nature center.
7) Administrative Approval: SE 43-2461
Agent McManus needs to speak to Norman Hayes regarding the beach raking and selected vista pruning because he believes the additional sand raking should be an Amended Order or at least presented by BSC at a hearing to make a determination of filing.
8) Proulx On Site with DEP
The on site visit regarding the wading pool occurred today. Agent McManus looked closer into the Mashpee Bylaw which states that the coastal bank is 1’ higher than the DEP coastal bank. The superceding COC was regarding the home and not the pool. It was discovered that the location of hardscaping, the raised patio and wall, was supposed to be a location for mitigation plantings in the original plan. Additionally, an unapproved created pathway by the dock that terminated at the salt marsh was also discovered and will need to be replanted. Agent McManus received a follow up phone call from Cape & Islands Engineering stating that the former owner filed an RDA in 2001 to request the patio, walkway and retaining wall but the file contains no plan for the project and the
minutes provide no detail beyond the Negative Determination. Additionally, Bob Sherman has no recollection of the RDA. The original NOI for the house construction shows that the area where the hardscaping currently exists was identified for mitigation plantings. Agent McManus questioned why the Commission would then allow the RDA. Cape & Islands stated that the original owner has the plan presented with the RDA. Discussion among the Commission ensued regarding the ability to have an RDA while having a superceding COC with the DEP.
Hearing Agenda
7:00 Stephen and Elizabeth Marshak, NOI – 51 Timberlane Drive (Replace existing float with 5’x20’ fixed platform, reconstruct access steps, install ramp and float) (Continued from 3/5/09)
Mike Borselli of Falmouth Engineering represented the application for a single family home located on Santuit Pond and described the sloping lot that extends down to the water. In order to gain access to the water a series of stairways and walkways were built down the bank many years ago, ending at an old dock system that includes a float. The entire system is in a state of disrepair, and the stairs land directly on a float. The applicant wishes to make changes to the system and is in the application process for a Chapter 91 license, but is required to seek approval from the Conservation Commission to allow the dock to be in existence. The applicant wishes to rebuild the entire structure in the same footprint, including the stairway and replace the dock with a fixed platform at the base of the
stairs. A ramp will lead to the float that will be supported by galvanized pipes driven by sledge hammer. The dock will be seasonal and will be removed during the off season. The hearing was initially continued because they did not have a DEP number, which they now possess along with a letter from the Division of Marine Fisheries. Mr. Cross suggested that a minimum schedule of 40 be used for the galvanized pipe and Mr. Borselli agreed that it could be stated as a condition for approval. Mr. Cross also questioned whether the pipes would be 20’ and asked that the pipes be driven as far as possible. Agent McManus further confirmed that the Commission prefers that the piles be driven rather than jetting. Agent McManus confirmed that the property is not in Natural Heritage jurisdiction, there are no comments from DEP and that both the Harbormaster and Shellfish Warden signed off on the plans. Agent McManus discussed the steepness of
the bank with Mr. Borselli and concerns regarding the methodology of the stairway construction. Agent McManus would like further details regarding the methodology from the contractor involved. An on site visit with the Agent will be conducted before the construction begins. Assistant Agent Leidhold questioned the 5’ width of the platform, to which Mr. Borselli confirmed the current 5’x18” float would be replaced with a 5’x18” platform. Assistant Agent Leidhold stated the Bylaw policy of a maximum 4’ width. Agent McManus stated that it is not located on the inland bank and that there were no comments from the Shellfish Warden regarding shading concerns. Mr. Borselli responded that if there were concerns among the Commissioners that the plan could be resubmitted reflecting the 4’ maximum. Further discussion continued among the Commission regarding safety concerns of placing the stairs on a 4’
platform. It was agreed that due to safety concerns and the steepness of the bank, the 5’ width would be acceptable.
Motion made, seconded and unanimously carried to Close and Issue with the condition that the poles used be hot-dipped galvanized steel and that the piles be driven.
7:03 John and Catharine Brennan, RDA – 38 Fiddler Crab Lane (Remove asphalt driveway, replacing with native stone, well installation, irrigation system installation and remove and replace plantings)
Dan Philos-Jensen addressed the Commission as a representative for the applicant. Mr. Philos-Jensen distributed revised plans for clarity to the Commission. The application was described in parts. Part 1 represents the existing asphalt driveway which will be replaced with ¾” crushed native field stone with a stone border. Part 2 represents a planting design, which was Plan 1 under the original RDA and includes a detailed list of native species of plantings with no invasive plants. Part 3 represents the well and irrigation system. The well installation is color coded in yellow on the hand out and will be located closer to the driveway by approximately half of the current distance. The proposed weekly water schedule and maximum monthly amounts are also included. The
applicant anticipates that once the lawn has recuperated and in spring and fall, the lawn will not require as much irrigation as the summer. It was clarified that there are 6 zones. The total volume of water was questioned by the Commission. The applicant plans to install a 12 gallon per minute maximum well. Mr. Philos-Jensen figured that each head in each zone would produce ¾ gallon per minute. Mr. Cross questioned if the total volume of water would be 2000 gallons, 2 times per week. Mr. Philos-Jensen took another look at the numbers to determine the total volume. Agent McManus stated that the plantings located at the front of the home were acceptable and are located outside the resource area. Regarding the irrigation plan, Agent McManus had concerns regarding Zone 5 with pop up rotary heads. Agent McManus questioned the distance of the irrigation system from the wetland area to which Mr. Philos-Jensen responded
approximately 5’. Agent McManus expressed concern that the irrigation was very close to the resource area where the water and any fertilizer could compromise the wetlands and recommended drip irrigation for Zone 5. Mr. Philos-Jensen responded that several areas around the septic currently have dead grass, leading him to believe that the roots of the rye fescue grass are unhealthy. The Commission discussed the possibility that the soil could be a problem or the likelihood that the saltwater had intruded on the property. The Commission also expressed concern about the possibility of salt water intrusion in the well. Mr. Philos-Jensen indicated that the well drilling contractor never indicated that salt water intrusion would be a problem. Agent McManus suggested that if the Commission did not feel there was enough information provided, a continuance could be requested. Mr. Pinaud questioned if a Notice of Intent would be more appropriate
than the Request for the Determination of Applicability because the irrigation is located so close to the resource area. Agent McManus agreed and added that Mr. Philos-Jensen has not yet discussed the grading needs of the project. Assistant Agent Leidhold asked if the application could be divided in such a way that the Commission could make a decision on the RDA as it relates to the driveway conversion and landscaping. Agent McManus clarified the Commission’s intent with Mr. Philos-Jensen. The Commission would like more information about the depth of the well and its ability to produce fresh water. Mr. Philos-Jensen discussed the plans for grading to include moving 18” of dirt away from the area of the autumn olive, which will be removed, and relocate the dirt closer to the home creating a swale that will redirect water into the back yard. The pitch pine in the area will remain, although Mr. Pinaud pointed out that the root system
could be weakened in the process. Mr. Philos-Jensen confirmed that the current elevation in the area is 5.1-5.25” and will become approximately 4” so that is should not impact the tree too greatly. Agent McManus questioned how the grading would impact the irrigation plan and suggested that the grading plan also be included with the Notice of Intent and not the current RDA.
Motion made, seconded and unanimously carried for a Negative Determination for the front landscape plantings and driveway conversion.
7:06 Jennifer Bartolomei, RDA – 34 Pond View Drive (Erect fence)
Jennifer Bartolomei addressed the Commission with her request to install a 140’ vinyl fence extending from the side entrance to the backyard due to an extremely steep embankment. The 6x6 fence will have a 6” clearance minimum beneath it and will be located 1’ into the lawn. The property line from the house totals 30’ but the fence will be located 20’from the right side of the house. Agent McManus concurred that the bank was incredibly steep, with the wetland at the base, and presented a significant hazard to the children. The Agent stated that the project was initially brought to the Commission in 2006 and approved, but that the RDA had expired prior to any work being done. Agent McManus noticed that grass clippings/brush debris were located over the bank but
that the homeowner agreed to remove the clippings and will not dispose of them in the future. Agent McManus agrees that the bank is a safety concern. It was recommended that the applicant consider plantings at the base of the fence to deter the children from squeezing under it.
Motion made, seconded and unanimously carried for a Negative Determination.
7:09 John Ghubilkian, RDA – 140 Summersea Road (Wetland determination delineation)
Steve Wilson of Baxter & Nye Engineering and Surveying requested that the Commission allow for a delineation of the wetlands on the applicant’s property. Agent McManus state that there is no project planned for this application. The agents verified the flagging on the property. Agent McManus noted that some of the flags were tied to flimsy plant material and recommended that metal flagging or staking should be done to better mark the area.
Motion made, seconded and unanimously carried for a Negative Determination.
7:12 Cornelius and Maureen Ferris, AOC – 38 Seconsett Point Road (License an existing ramp going onto the dock and moving an existing platform from the wetlands to an upland area)
John Ryll, who works with Jack Landers-Cauley, addressed the Commission on behalf of the applicant. Agent McManus reminded the Commission that the application was part of an NOI for a tear down/rebuild on the property. Issues arose from the Order of Conditions. At the original on site visit it was discovered that a platform had been placed over the salt marsh by the previous owners (approximately 30 years ago) and the current owners re-planked the top of it. It was requested that the platform be relocated from the salt marsh and that the marsh be restored. The platform was moved to the upland. A ramp, recently updated, covers part of the lawn, so mitigation plantings will be added. The Agents noted that mitigation plantings appear to be 150 square feet short of what is required. Mr. Ryll confirmed that 150’ sq ft of additional plantings have been added to the plans on the upland side of the ramp. It was determined that there may have been an omission on the plans submitted
to the Commission and it was suggested that Mr. Ryll sign and note the correction for the additional mitigation on the plans. Mr. Ferris confirmed that they replaced the 35 year old ramp for use by his disabled brother. Mr. Cross asked if the owner was happy with the change in the platform to which Mr. Ferris was not comfortable that the platform was there for 35 years and he must now take it out, but that he did come to an agreement with the Commission. Mrs. Ferris expressed frustration about moving the platform but if it must be done, it will be done. Mrs. Ferris further described the usage of the ramp exclusively by her disabled brother-in-law who greatly enjoys sitting by the water.
Motion made, seconded and unanimously carried to Approve the Amended Order.
7:09 RECALLED John Ghubilkian, RDA – 140 Summersea Road (Wetland determination delineation)
Motion made, seconded and unanimously carried for a Positive Determination 2A.
7:15 Louis Seligowski, NOI – 14 Bowsprit Point (Restore an eroding salt marsh adjacent to Spinnaker Cover).
Mike Borselli of Falmouth Engineering represented the applicant along with Chris Loman from E.J. Prescott and the homeowner, Louis Seligowski. Mr. Borselli described the project as a “soft solution” to protect further erosion of the salt marsh peat shelf existing in front of the applicant’s property line. Many properties in the cove have vertical “hard solution” bulkheads but Mr. Seligowski is interested in pursuing preventative maintenance with a “soft solution” first. The “soft solution” proposed will be environmentally friendly, less extensive and intrusive and more affordable since the property owner, also a contractor, will be installing the system. Mr. Seligowski has done tremendous research about the product and is very motivated to have
it work. The project entails installation of coir logs at the seaward end of the salt marsh peat shelf. The coir logs are fiber logs with a coconut membrane. The area at the seaward end of the salt marsh will be lined with varying diameters of coir logs and located in an 18-20” trench. The coir logs will be installed and secured with oak stakes and back filled with soil material that was removed. Various salt marsh plants will be planted over the structure. Over-planting will occur to allow for any dieback. A coir mat will be installed to cover the plant material and keep everything in place and prevent plants from washing away. Rock and broken stone will be added to break up boat wakes. The owner will monitor the structure closely to ensure success of the system. It is expected that at high tide the structure will be submerged. Construction access is noted on the plan and the applicant plans to use a small
track mounted mini excavator. Timber mats will be placed on the ground before the work is done in manageable sections. The Vice-Chair asked for additional information regarding Division of Marine Fisheries concern about ponding. Mr. Borselli responded that the cross section drawing may not accurately represent the project because it is depicted as a hump. Mr. Borselli stated that it would not be a hump but a more gradual slope to allow for draining. Mr. Borselli will make a note on the plans to clarify the image. Mr. Cross noted that he has not had success with the product at his property due to tide action. Mr. Loman stated that when the system is properly installed and maintained and properly staked, it becomes part of the habitat. Mr. Loman can also provide testimonials of successful installations, including a 13 year old, 100’ long structure. Mr. Loman added that the survival of the plantings is critical to the success
of the structure. Plants that have not grown in a controlled salinity risk dying off when placed on the structure. Mr. Borselli suggested that the DEP prefers that applicants explore alternatives to hard solutions. Mr. Borselli also offered the applicant’s willingness to provide reports and photographs as part of the conditions for approval of the application. The Vice-Chair questioned the consequences if the structure fails to which Mr. Borselli stated that logs can break down, roll forward and float if not properly staked. The product was designed to biodegrade, but in a time frame that would allow for the planting to take root. Mr. Borselli stated that if the project does not work, the applicant would pursue something else.
Motion made, seconded and unanimously carried to Close and Issue pending receipt of the revised plan and with the condition that monthly maintenance/monitoring reports be submitted to the Commission.
7:18 Save Popponesset Bay, NOI – 0 Wading Place Road (Install sand drift fences and planting of indigenous vegetation) (Continued from 3/19/09)
Motion made, seconded and unanimously carried for a Continuance until 6/25/09 at 7:00 pm at the request of the applicant.
7:21 New Willowbend Golf & Country Club, NOI – 91 The Heights (Construct single family, driveway, utilities and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 5/14/09 at 7:06 pm at the request of the applicant.
7:24 New Willowbend Golf & Country Club, NOI – 95 The Heights (Construct single family, driveway, utilities and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 5/14/09 at 7:09 pm at the request of the applicant.
7:27 New Willowbend Golf & Country Club, NOI – 93 The Heights (Construct single family, driveway, utilities and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 5/14/09 at 7:12 pm at the request of the applicant.
7:30 New Willowbend Golf & Country Club, NOI –89 The Heights (Construct single family, driveway, utilities and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 5/14/09 at 7:15 pm at the request of the applicant.
7:33 New Willowbend Golf & Country Club, NOI – 97 The Heights (Construct single family, driveway, utilities and landscaping)
Motion made, seconded and unanimously carried for a Continuance until 5/14/09 at 7:18 pm at the request of the applicant.
7:36 Richard Proulx, NOI – 29 Hamblin Road (Construct and maintain a pool with bluestone apron, stone wall and relocate septic pump and shed and mitigation plantings) (Continued from 3/19/09)
Motion made, seconded and unanimously carried for a Continuance until 4/30/09 at 7:03 at the request of the applicant.
7:39 PUBLIC INPUT-to adopt the Rules and Regulations for permit-able activities and prohibited activities on Conservation Lands
Mr. Cross questioned who would be responsible for enforcement to which Agent McManus responded that the police would be enforcing the regulations. Agent McManus further stated that truckloads of people have been partying in the sand pits and cutting down trees. A gate had been previously installed but removed just two weeks later. The area has been used extensively for ATV and motocross activity and regularly on the weekends and during off-duty Conservation hours. The Police Department recently pointed out that fines were not attached to prohibited activities in the Conservation Lands which was why Agent McManus went ahead and drafted this document, which will be incorporated into the Chapter 173 Conservations Lands Zoning General Bylaw. A $300 fine will be attached to each offense of a
prohibited activity. Mr. Gurney asked if the information could be posted in the area, and the Commission discussed the likelihood that the signs may be removed. The Police Department will begin to actively utilize the ATVs purchased in the last year and an officer is receiving specialized training to operate the vehicles. Commission members also discussed scheduling enforcement over a one to three week time frame and the importance of having police presence to remind violators of the enforcement. Cameras were also discussed as an option but it was agreed that it would be an expense, particularly if the equipment is removed or destroyed.
Motion made, seconded and unanimously carried to Approve Chapter 173-4 Prohibited Activities on Conservation Lands.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:45 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
| 
