Mashpee Conservation Commission
Minutes of January 22, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, John Rogers, Jeff Cross, Lloyd Allen, Jack Mates, Bob Anderson, Len Pinaud
Also Present: Conservation Agent-Drew McManus, Asst. Conservation Agent-Liz Leidhold
The meeting was called to order with a quorum by Chairman Fitzsimmons at 6:55 pm.
Pre/Post Hearing Agenda
1) New RFP for Quashnet Bog and Garner Farley Bog
The Commission has been asked to approve a 10 year lease for the RFP for Quashnet Bog and Garner Farley Bog. Two growers appeared for the bog tour. It was brought to the Conservation Agent’s attention that wording had been changed in the RFP from the Commission approved 5 year lease to a 3 year lease, due to some confusion about whether or not a bid needed to go to Town Meeting. Through investigation, it was discovered that the original 7 year contract with Brian Handy had been approved in perpetuity at Town Meeting. Therefore, the Commission can approve a multiple year lease beyond 3 years. Once the Commission approves the standard 10 year lease which will allow growers the time to establish the bogs, the Assistant Town Manager will submit an addendum to the RFP and
extend the deadline. Since that time, 6 growers have responded. Mr. Mates questioned town liability regarding the quality of the berries as it relates to tainting. Agent McManus responded that typically the liability should be with the growers as they will perform their own testing. The Commission agreed the importance of ensuring that the town is not held liable when the contract is drafted. Agent McManus added that monthly updates are released by the Air Force Center for Environmental Excellence which includes reported testing of the berries showing the berries are EDB free for the last 4 or 5 years.
Motion made, seconded and unanimously carried to approve a 10 year lease for the RFP for Quashnet and Garner Farley Bogs.
2) RFP for Engineering Inspection
Agent McManus received two letters from the DCR’s Office of Dam Safety requiring professional engineering inspections of the Mashpee Pond dam and John’s Pond dam. Agent McManus will send an RFP to the town’s engineering consultants to seek the lowest bid with a February 29 deadline. Agent McManus indicated that this should be a one time inspection unless deficiencies are identified. Agent McManus does not anticipate any problems and noted that this is a new nationwide mandate.
Motion made, seconded and unanimously carried to approve the release of funds for the RFP.
3) Approval of Minutes from December 18, 2008
Motion made, seconded and unanimously carried to Approve the Minutes of December 18, 2008.
4) Regulatory Review Meeting
Agent McManus will email new dates and an agenda for early March in an effort to have all Commissioners attend the meeting. Commissioners discussed the need to advertise the meeting to the public since a quorum will be present.
5) ~High School Students
Assistant Agent Leidhold met with high school wood shop teachers to discuss Land Steward signage. In addition, Assistant Agent Leidhold met with Tom Hopkinstead from the Mashpee High School Environmental Club regarding their interest in creating a fresh water wetland in their retention pond that is hosting vernal pool species, despite no vegetation. The Club is interested in filing an RDA to experience the regulatory process, although it is not required.
6) DEP Workshop on Thursday, January 29
The workshop is on low impact development and erosion and sediment control and is 9am-12pm at Town Hall.
7) Keene Cabana Appeal On Site
The on site visit will be at 9:30 on Wednesday, January 28. In December, the Commission issued a denial of the Notice of Intent because the project failed to meet the performance standards. DEP officials will be on site.
Hearing Agenda
7:00 pm Francis Reavy, NOI – 42 Cayuga Avenue (Seasonal Dock)(Continued from 12/18/08)
Motion made, seconded and unanimously carried for a Continuance until 6/11/09 at 7:00 pm.
7:03 pm Wenda Barrett, NOI – 70 Punkhorn Point Road (Vista pruning and four foot wide path with maintenance in perpetuity)
Stan Watkins represented the homeowner on behalf of Michael Talbott & Associates. The application consists of vista pruning for a naturally vegetated area and proposes a 4 foot wide path. The applicant will plant inkberry and plethora to re-mitigate the remnant path. Natural Heritage has agreed that the project does not adversely affect the natural resource habitat and the DEP has issued a number. Assistant Agent Leidhold added that the site had a previous filing for restoration of an enforcement situation with a previous owner in 1997. The plan was compensation for a clearcut situation. The 100 foot conservation discretionary zone is not the buffer zone. Assistant Agent Leidhold clarified the location of the stakes and their proximity to sweet pepper. Freshwater wetland
plants are located in the area and the Assistant Agent recommends that should an Order of Conditions be issued, it should specify that the resource areas are not delineated in this filing. Agent McManus clarified that a plan on file which shows the mitigated resource areas was not used as plan for this application. In light of the strict vista pruning guidelines, Agent McManus had suggested to Mr. Talbott that a certain amount of plantings be located in another area to compensate for the previous clearing. Agent McManus recommends a Close and Issue, but not to be released until he speaks directly with the contractor and the agent must be on site for all vista pruning. Mr. Cross questioned removal of trees and Mr. Watkins confirmed that no trees would be removed. The Chair inquired about vista pruning protocol and the trapezoidal path. The Agent confirmed that the trapezoid path is a recommendation to maximize the view corridor, but that it is not
a requirement.
Motion made, seconded and unanimously carried to Close and Issue pending plan showing additional mitigation plantings.
7:06 pm Gregory and Elizabeth Stento, NOI – 155 Popponesset Island Road (Construct a pier, ramp and floating dock replacing the existing licensed dock)
The Harbormaster has expressed concerns and recommendations regarding the length of the dock. The DEP number has not yet been received.
Motion made, seconded and unanimously carried for a Continuance until 2/5/09 at 7:09.
7:09 pm Gregory and Elizabeth Stento, AOC – 155 Popponesset Island Road (landscape changes)
Dan Solien of Horiuchi Solien Landscape Architects in Falmouth addressed the Commission on behalf of the applicant regarding minor site design changes. The pool and spa project was initially approved in early December and has been constructed and the house is now under construction. The landscaping architecture has been introduced later in the process so changes from the original approved plan are now being proposed. Mr. Solien indicated that the tan colors on the plan represent new proposed structures and the dark brown represents previously permitted footprints. Most of the work is located in the front and side yards. Among the suggested changes, Mr. Solien proposes decreasing the pavement near the porch and street and adding slightly to the walkway between the house and the street.
On the left side yard facing the house, Mr. Solien proposes that the planter be moved out by 2 feet to accommodate a generator and four air conditioning compressors due to flood plain requirements. Additionally, a vault containing the pool equipment will be located near the fireplace and will be out of view. On the right side yard, a walk will be added from the driveway to the rear door of the garage. In the back yard, the applicants wish to add a 4 foot diameter stone gas fire pit. The gas line will be flexible and run beneath the lawn. Additionally, a dock to be removed and discussed at a later date, will allow for the removal of a path. The project will add 184 square feet of coverage, however, mitigation has been expanded by 400 square feet. Light green areas on the plan represent mitigation native plantings and the dark green areas represent ornamental areas which are located primarily in the front and side yard and around the
porch. Shrubs adjacent to the 5 foot high porch will be approximately 4 feet tall. Conservation grass will be used. Assistant Agent Leidhold questioned the original plan depicting a pervious driveway with a cobblestone apron which has been replaced with dry laid cobblestone, which is considered impervious in Mashpee. Mr. Solien indicated that they will abide by the original permitted driveway and will submit an updated plan with the material to be used. A silt fence will be installed to prevent erosion during construction. Mr. Solien confirmed that the mitigation plan has not changed greatly and would be happy to provide greater detail to the Commission. The Commission wishes to receive a new plan with details to include the driveway and plantings.
Motion made, seconded and unanimously carried to Approve the Amended Order pending revised planting plan and revised plan of record showing pervious driveway.
Motion made, seconded and unanimously carried to adjourn at 7:36 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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