Mashpee Conservation Commission
Minutes of March 19, 2009
Public Hearings
Mashpee Town Hall
Present: Vice Chairman Ralph Shaw, John Rogers, Jeff Cross, Len Pinaud, Cass Costa
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 February 19, 2009
Motion made, seconded and unanimously carried to Approve the Minutes of February19, 2009
2) Willowbend Deed
The Willowbend deed for two new parcels, parcels 2 and 4 totaling 2.5 acres, located on the easterly side of Meetinghouse Road, requires the signatures of the Commissioners. The landlocked land, just off Meetinghouse Rd and close to Noisy Hole Conservation Area, has been gifted to the town of Mashpee and placed in the care and custody of the Conservation Commission. The open space land has been deeded to Mashpee because of Willowbend development. A brief conversation ensued among the Commissioners regarding the tax base.
3) SITEC Environmental
Agent McManus distributed information about SITEC Environmental. Permission is being requested by the company to install monitoring wells in Noisy Hole Conservation Area. There was a gasoline spill at the gas station on Rt. 130, and the wells will assist in monitoring the plume moving south. The wells will be located outside of the resource areas so wetland permitting is unnecessary, but the company is seeking approval from the Commission to use the land. Mr. Cross asked that results of the study be shared with the Commission.
Motion made, seconded and unanimously carried to approve the placement of two monitoring wells by SITEC.
4) RFP Response for Johns Pond and Mashpee Pond Dams
The Office of Dam Safety is requiring Phase 1 inspections of Johns Pond and Mashpee Pond Dams. Agent McManus has received three bids, all of which reflect standard procedure Phase 1 protocol for both dams, and he and Assistant Agent Leidhold have reviewed. Baxter Nye Engineering submitted a bid for $9,790. Weston Sampson, currently handling the Phase 2 Santuit Pond Dam, submitted a bid for $7,850. Churchill Engineering’s bid of $5,000 includes a history of extensive experience in dam inspections. Of the three bidding companies, the agents agree that Churchill has the most experience in Phase 1 and Phase 2 dam inspections. Mr. Rogers questioned the difference in price to which the Agent stated that Churchill was new to the area and interested in establishing
themselves, so they offered a lower bid.
Motion made, seconded and unanimously carried to accept the Churchill Engineering bid of $5,000.
5) Proposed Conservation Land Regulations
Agent McManus distributed to the Commission a list of allowable and prohibited activities on Mashpee conservation land. A call was received from the Mashpee Police regarding activities in the sandpits at John’s Pond. The recent incident has initiated a necessity to take a closer look at the fines associated with violations on conservation lands. Upon a recent inspection of the sand pits, the Agent noted approximately 50 pitch pines that had been cut. Agent McManus has drafted documents for the Commission’s consideration identifying allowable activities and prohibited activities that will result in a fine. Citations may not be more than $300 so the Agent has made any violation, since they tend to be egregious, a level $300 fine per person and per violation.
Agent McManus encouraged the Commission to provide him with any feedback about the lists over the next two weeks. The documents will be added to the By-laws which will allow the Police Department to enforce the fines.
6) Michael Canata, Resident of John’s Pond
A longtime resident of John’s Pond, Mr. Canata has asked the Agent that a letter be read for the record regarding his concerns about the Quashnet Bog and problems with the lake. Agent McManus read the letter to the Commission which described Mr. Canata’s concerns about dead fish found on the shore, low water levels, excessive plant growth, wildlife concerns and a sandbar that may cause boat strikes. Mr. Canata questioned who would supervise the bogs when the growers begin farming and asked that the Commission consider only organic growers. Mr. Canata expressed concern about toxins in the bogs and asked that the Commission carefully review the bog grower proposals.
7) Cranberry Bog RFPs
Agent McManus has shared a letter with the Commissioners regarding the bog RFPs. With only one response received for the Quashnet Bog, it was determined that there is no basis for comparison so the Agent recommends that the proposal for Quashnet by Handy Cranberry Trust be rejected. There is no basis for comparison and a number of clean up issues remain. Agent McManus suggested that more time is needed to address clean up issues and to encourage a more competitive bidding process at a later date. The bidder will be formally notified. It was clarified that the Quashnet bogs will not be farmed this year and there are no plans to maintain the bogs at this time.
Motion made, seconded and unanimously carried to approve the Agent’s recommendation.
8) Modification to Original Administrative Request: SE 43-2506- 22 Cross Tree Way
Before discussing the details, Ms. Costa recused herself. The homeowner, George Mandalos, addressed the Commission with his plans to relocate the bathroom originally located on the other side of the bedroom. The applicant discovered that the planned structure would not accommodate the bathroom fixtures and is asking that he be allowed to add 28 square feet to the addition. In exchange, mitigation will be added to compensate for the additional square footage. Agent McManus stated that it would be a minor increase in size and questioned the Commission as to whether they wish that the applicant pay for another Administrative Approval or have the applicant work with the Agent and add the minor change to the original request.
Motion made, seconded and unanimously carried to approve the minor change to SE 43-2506 at 22 Cross Tree Way.
9) Documents for Commissioners
Agent McManus recommended that Commissioners keep their state regulations and local regulations in a binder to bring to each meeting. Agent McManus has provided the criteria for waiver requirements, a mitigation calculation chart, as well as fines for wetland violations. Agent McManus indicated that if Commissioners had suggestions for fine increases to please notify him.
Hearing Agenda
7:00 Carol and Robert Graham, NOI – 5 Ocean Bluff Drive (Upgrade hardscape and landscaping) (Continued from 2/19/09)
No one was present to discuss the project. The Vice Chair recalled the hearing later in the meeting. Jennifer Mallila from Centerline Studios was present to describe the cosmetic makeover that includes some changes to the patio, stairs, walls and pavement. An initial continuance occurred because there was no SE number.
A front wall will be adjusted to create an extra parking space. A retaining wall will be pushed in and become a veneer. The blue stone walkways require some repairs and added steps. Existing plantings will be removed and replaced with native species. The back patio will be a similar shape with a 45 nipped off to reflect the fence. Since the fence is on the neighbor’s property, and in the ARC jurisdiction, compliance has been requested so the patio is being reduced by 25 square feet. Four square feet of the patio will go over the fence line. Stone drainage, with perforated PVC that will move water to a drywell, will be added to the brick patio (proposed to be mortared bluestone) which currently has no drainage. Landscaping will be improved by removing invasive species
such as honeysuckle and move the fence 18 inches out to allow more spacing for the screened porch. Agent McManus recommended that the shrub community from the pitch pine to the house remain since a nest was located indicating an established wildlife habitat. In place of planting beech grass, Agent McManus asked that native shrubs be added and it was further suggested that bayberry and beach plum would be a good option. Assistant Agent Leidhold questioned the level of the patio to which Ms. Mallila responded it would be the same level as the current patio. Ms. Mallila expressed concern about the cost of additional shrubs to which Agent McManus suggested that the Rosa rugosa could remain.
Motion made, seconded and unanimously carried to Close and Issue pending receipt of the revised plan.
7:03 Anthony Ricci, RDA – 14 Pem Lane (Addition) (Continued from 2/19/09)
Anthony Ricci addressed the Commission regarding his request. Agent McManus described the project as straightforward. The application involves a small addition, but upon research, it was discovered that there were other filings and clarification was needed before moving ahead with the hearing. An unpermitted hot tub has been installed so Agent McManus has asked that the applicant return with another RDA to have it permitted. Vegetation depicted in the photo will be transplanted to the area around the hot tub where it is currently barren. This current RDA reflects only the requested addition.
Motion made, seconded and unanimously carried for a Negative Determination.
7:06 Shane Caiazzo, NOI – 8 Chart Way (Demo/construct house, bulkhead repair) (Continued from 2/19/09)
Motion made, seconded and unanimously carried for a Continuance until 4/16/09 at 7:03 p.m. at the request of the applicant.
7:09 Stephen Petrucci, RDA – 92 Waterway (Remove existing deck and reconstruct new deck)
Stephen Petrucci addressed the Commission regarding his plans to remove the older triangle shaped deck extending 19 feet to be replaced with a square deck extending 12 feet from the house. Agent McManus stated that the current deck is located closer to the coastal bank and that the owner wishes to set it back from the coastal bank.
Motion made, seconded and unanimously carried for a Negative Determination.
7:12 James Shalek, NOI – 127 Popponesset Island Road (Demo/Construct house, septic, pool, patio, phragmites removal) (Continued from 3/5/09)
Motion made, seconded and unanimously carried for a Continuance until 4/30/09 at 7:00 p.m. at the request of the applicant.
7:15 Save Popponesset Bay, NOI – 0 Wading Place Road (Install sand drift fences and planting of indigenous vegetation) (Continued from 3/5/09)
Motion made, seconded and unanimously carried for a Continuance until 4/2/09 at 7:18 pm at the request of the applicant.
7:18 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 4/2/09 at 7:21 pm at the request of the applicant.
7:21 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 4/2/09 at 7:24 pm at the request of the applicant.
7:24 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 4/2/09 at 7:27 pm at the request of the applicant.
7:27 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 4/2/09 at 7:30 pm at the request of the applicant.
7:30 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 4/2/09 at 7:33 pm at the request of the applicant.
7:33 Daniel Goulet, RDA – 213 Monomoscoy Road (After-the-fact tree removal, prune remaining trees) (Continued from 3/5/09)
Daniel Goulet was present to discuss his application. Agent McManus described the tree removal and clarified that he had in fact authorized the removal of 2 trees while on site due to the potential hazard. An additional tree was removed and after measuring the circumference, mitigation requires the planting of six 2” saplings. Mr. Goulet has offered to plant the trees on his property and requests that, with an on site Agent visit, he be allowed to prune any branches encroaching on the roof in the future.
Motion made, seconded and unanimously carried for a Negative Determination.
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 3/5/09)
John Slavinsky of Cape & Islands Engineering represented the applicant regarding the construction of a swimming pool. Mr. Slavinsky provided a 4-scale plan so that changes made will be evident to the Commissioners. At the last hearing, it was discovered that there was no COC on the existing house, so an application has been submitted to both the Conservation Commission and the DEP. Secondly, the revised pool totaling 256 square feet, reduced now by 30%, is located entirely on level area away from the coastal bank. As a result the patio has moved and the wall has been eliminated. Mr. Slavinsky stated that this is the smallest pool he has ever brought to the Commission. The Zoning Board of Appeals has asked that the clients be willing to fill in the pool when their son is no longer a
resident in the home, to which the owners immediately agreed. The disturbed area has changed anywhere from 3 feet to 5 ½ feet. An oak tree will be removed to install the pool, but mitigation has been recommended to compensate for the tree. With the new changes, the shed no longer needs to be moved. The total area not to be disturbed is approximately 180 square feet. All work headed toward the water is now within the original work limit area. Assistant Agent Leidhold questioned the meadow areas noted 1 on the plan. Michael Talbott of Michael Talbott Associates clarified that the sunny areas be replaced with bayberry and low growing coastal shrubs. Areas that were originally slated to become the pool apron will feature more shrubs. The list will be updated and the area will be diversified. Assistant Agent Leidhold pointed out the natural buffer between the wetlands and work area stating that there were not invasive
species in that area. Mr. Talbott stated that they did not plan to change that area but to add plantings at the base of the wall. There was further discussion about the location of the plantings on the top of the wall in the original filing to which Mr. Talbott stated that the area would be fully vegetated. Mr. Talbott’s plan includes mitigation on both sides of the wall. Assistant Agent Leidhold questioned the width of the apron to which Mr. Slavinsky stated the 3 foot requirement of the Building Department. Assistant Agent Leidhold and Agent McManus questioned the staking of #2 and Assistant Agent Leidhold recommended that the COC for SE 43-1500 be in compliance first and Mr. Slavinsky insisted that the staking is in the correct location. Mr. Slavinsky emphasized that his clients are doing everything they can to make the project work. The COC meeting will be on April 2 if Commissioners prefer to wait on their decision. Mr.
Pinaud questioned how the DEP’s decision will affect the Commission’s review to which the Assistant Agent responded the applicant would need to go through the process again. Mr. Slavinsky believes there may have been some confusion in the records because a COC exists on the dock and the records may not have been properly examined. Asked if there were additional comments, Ms. Costa suggested that the 50 foot setback be more clearly identified from the Bordering Vegetated Wetland and the coastal bank to the apron and further stated that the Commission would understand if the setback needed to be under 50 feet. Revised plans will be needed. Mr. Cross and other Commission members felt that conditions set by the Zoning Board of Appeals had no bearing on the decision to be made by the Conservation Commission.
Motion made, seconded and unanimously carried for a Continuance until 4/2/09 at 7:36 at the request of the applicant.
Motion made, seconded and unanimously carried to move to Executive Session at 8:15 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
| 
