Mashpee Conservation Commission
Minutes of January 8, 2009
Public Hearings
Mashpee Town Hall
Present: Chairman Jack Fitzsimmons, Jack Mates, Lloyd Allen, John Rogers, Ralph Shaw, Cass Costa, Bob Anderson, Jeff Cross, 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) Approval of Minutes from December 18, 2008
Motion made, seconded and unanimously carried to Approve the Minutes of December 18, 2008.
2) Pre-bid Bog Tour
The tour will be held on January 13 at 10 am, and prospective growers will be meeting at the Conservation Office prior to the tours of Quashnet Bog and Garner Farley Bog. Conservation Agent McManus will offer a brief overview of the Quashnet Bogs and the cleanup effort. Information will be made available to the growers and questions will be answered. Chairman Fitzsimmons questioned road accessibility to the bogs and an alternative plan should weather be an issue. Agent McManus will confirm with the DPW that the roads are clear and will consider another tour if necessary. The Assistant Town Manager is handling the RFPs, but Agent McManus has been in contact with the Cape Cod Cranberry Growing Association who has agreed to distribute the RFP to any interested grower
members.
3) Shields Property
Signatures are required from Commissioners to authorize the release of funds to purchase the Shields Property on Meetinghouse Road, which will be reimbursed by Self Help Funds at a later date. Signs need to be posted and a parking area established before the grant funds can be distributed. An existing cleared area along the road will be framed out with fencing to create the parking area. Agent McManus thanked Tom Fudala for all of his efforts with the grant.
4) South Cape Beach Parking Lot
Agent McManus and other town representatives attended a meeting today in Boston with Senator O’Leary and the DEP regarding the South Cape Beach Parking Lot and available options. The DEP is seeking a soft solution since the beach is a barrier beach and are not supporting the use of the “Earth Rib Module.” The structure, combined with added nourishment, would allow the dunes to rebuild and protect the parking lot from additional damage. The module is an experimental control method that would be located below grade. The structure itself is interlocking concrete slabs and back filled. The installation of the structure would be paid for and/or removed by the creators of the “Earth Rib Module” and would cost nothing to taxpayers. Agent McManus
emphasized that the engineering is experimental and is unsure how it would be affected by a storm surge. If utilized, Agent McManus would like to see the lot scaled back to create a setback for the structure and allow it every opportunity to succeed. In order to proceed, the town will need to apply for a variance, showing a hardship and reasons why the lot must remain. Town Selectmen have expressed interest in seeing if the structure would be successful. Another solution discussed was to lease land from the state at DCR Beach and close down South Cape Beach Parking Lot. Agent McManus will be exploring the next step with the DPW.
5) Procedural Meeting
Agent McManus is recommending that the Commission schedule a meeting as a refresher to review the Regulations, discuss in what areas the Commission has authority as well as to consider the addition of a Regulatory Subcommittee. In addition to the opportunity to review the regulations as a group, it is also an opportunity to brainstorm and share all information with the newer associate members. Agent McManus will email the membership with recommended dates to schedule the meeting and ensure that all Commissioners have the most up-to-date copy of the Regulations.
6) ~Santuit Pond Dam Meeting
The DPW has cleared the vegetation by the dam and inspections have been done. The Phase 2 assessment will be conducted.
7) Massachusetts Association of Conservation Commissions
The annual meeting is to be held on Saturday, February 28 at Holy Cross. Anyone interested may join the Agent and Assistant Agent. The Agent will send details by email and if Commissioners are interested, they may contact the Agent to be signed up.
8) Emailed Minutes
Mr. Pinaud suggested that the Commission consider receiving meeting minutes by email in advance, instead of paper copies. A single hardcopy of the minutes could be provided at the meeting for review.
Hearing Agenda
7:00 pm Carol Augustyniak, NOI – 52 Spoondrift Way
(Demo/reconstruct house) (Continued from 12/4/08)
The applicant requires additional time to distribute plans.
Motion made, seconded and unanimously carried for a Continuance until 2/5/09 at 7:00 pm at the request of the applicant.
7:03 pm Charles and Janet Nirenberg, AOC – 28 Triton Way
(Remove annual beach nourishment) (Continued from 12/18/08)
Application has been withdrawn.
7:06 pm Cheryl Bovarnick and Shepard Hoffman, AOC – 40 and 46 Triton Way
(Remove annual beach nourishment)
Application has been withdrawn. Robert Brady was in attendance to offer public comment on the application and was unaware that the application had been withdrawn.
7:09 pm Ceslovas Kiliulis, NOI – 188 and 192 Wheeler Road
(After-the-fact tree removal within a resource area and vegetation replanting) (Continued from 12/18/08)
John Savello of Savello & Associates addressed the Commission as a representative for the applicant. Mr. Savello was contacted in October by the owner regarding the stop work order for removing trees from the inland bank of Ashumet Pond. Mr. Savello conducted a resource area evaluation, delineation and report and topographical survey, site plan and prepared a mitigation plan. Several trees had been removed from the town defined resource area of the inland bank. Mr. Savello referenced the Commission’s Regulations to create the mitigation
plan. Mr. Savello’s plans include a 3 to 1 ratio for each tree cut down within the town defined resource area and within 50 feet of the bank and a 4 to 1 replacement of the pines located on the side of the house. Of the total of 22 plantings, 18 are shrubs and 4 are trees. Commission members questioned the number of trees taken down. Mr. Savello responded that 10 trees were removed, 3 trees were maple, and the remaining were pitch pine and black oak. Within the resource area (inland bank) 3 mature trees were removed, and an additional 8 mature trees were removed from the 100-foot buffer zone to the inland bank. When the Commissioners questioned the replacement of trees primarily with shrubs, Mr. Savello indicated that he discussed the possibility of using shrubs with Agent McManus. Agent McManus confirmed that he advised the use of shrubs in an effort to reduce disturbance in the resource area and that it does meet the requirements. The shrubs are considered a high wildlife
habitat. Agent McManus added that if the Commission feels that additional mitigation is required, it is at their discretion as planting cannot begin until the spring. Chairman Fitzsimmons questioned the protocol and formula for replacing removed trees with equivalent trees. Ms. Costa agreed that more damage would be created by planting trees in the resource area, but it was initially a problem when the owner clear cut the lot. Ms. Costa wants to mitigate the bank in the safest manner but feels that the trees need to be replaced on the lot within the buffer zone. All Commissioners agree that this was an egregious violation and should require the homeowner to replace with appropriately sized trees.
Discussion ensued as to what the Mashpee wetland bylaw required for mitigation amounts. Assistant Agent Leidhold read from Regulation 12 of the Mashpee Wetland Bylaw the requirements for mitigating trees within jurisdiction. Regulation 12 states that “for replacement of illegally cut trees: the combined (added) calipers of the replacement trees shall be equal to or greater than the caliper of the illegally cut trees.” The Commission agreed that the homeowner should be required to replace one and a half times the number of trees required by the Bylaw due to the fact that he will be replacing mature trees with saplings. Agent McManus noted that to replace mature trees on the inland bank with equivalent sized trees would be impractical and may end up damaging the bank. The Commission agreed that saplings would be
acceptable. Mr. Savello requested a continuance on behalf of his client.
Motion made and seconded unanimously carried for a Continuance until 1/22/09 at 7:06 pm at the request of the applicant.
Mr. Savello has asked what exactly the Commission would like for mitigation so that he can make adjustments to the plan. Agent McManus responded that an appropriate replacement would be two 5” circumference saplings for each tree removed. When questioned about the stumps, Agent McManus indicated that the stumps currently remain but that the owner could have them ground. Commission members continued to express concern that given the obvious disregard of the owner, the mitigation should be greater than normal. The Chair inquired about the
protocol which Agent McManus confirmed is a 2 to 1 ratio, but that the Commission may opt to require greater mitigation. Agent McManus recommended that the owner be allowed to plant shrubs in the bank area, provided that they comply fully with the shrub Bylaws. Agent McManus confirmed that plantings within the 50-foot buffer zone should be planted as close to the resource area as possible and ensure a 90% survival rate. Agent McManus recommends a site visit regarding the specific details of locating the plantings.
Motion made, seconded and unanimously carried for a Continuance until 2/5/09 at 7:03 pm at the request of the applicant.
7:12 Daniel LeBlanc, NOI – 9 Tuspaquin Road
(After-the-fact irrigation, paver walkways, new shed, patio, wall) (Continued from 12/18/08)
John Slavinsky of Cape and Islands Engineering was present to represent the applicant. Mr. Slavinsky distributed photos of the property before and after the owner had landscaping done on the property. Mr. Slavinsky’s plans depict the location of work done, including the Childs River located in a 200 foot culvert. The owner wishes to add a retaining wall with a maximum height of 2 feet in the northwest corner reducing to 9 inches. Assistant Agent Leidhold reported that she discovered the unpermitted work while inspecting another property and an enforcement order was issued. The work was completed within 100 feet of John’s Pond. A letter from Natural Heritage has been received. An irrigation system has been installed near the hay bales and Mr. Slavinsky responded that
the hay bales are being moved back to the property line. Agent Leidhold questioned the status of the unpermitted shed, which an abutter expressed concern about, but Mr. Slavinsky had clarified the staking and confirmed that the shed was on the applicant’s property. Assistant Agent Leidhold recommends a new plan that includes the resource area and mitigation plantings along the wall. Mr. Slavinsky distributed a narrative from Ladyslipper Landscaping which describes the numbers and location of the mitigation. Mr. Slavinsky’s plan indicates the numbered areas where the plantings will go. Agent McManus reminded the Commission that this work was also completed without a permit and that the Commission can request more mitigation with high value wildlife habitat and not just ornamental plantings. Likewise, the installation of an irrigation system and new loam suggests the likelihood that a lawn may be installed, leading to the need for
fertilizer in such close proximity to John’s Pond. There is no indication on the plan that a lawn will be installed, and now that the property is altered it can be stipulated that no lawn can be installed. However, a conservation mix would be acceptable. The Commission is requesting that the applicant identify what and where the additional plantings will be located.
Motion made, seconded and unanimously carried for a Continuance until 2/5/09 at 7:06 pm at the request of the applicant.
7:15 Michael Moskowitz, AOC – 146 Popponesset Island Road
(Decrease the size of the approved dock section from a 12’ section to a 9’ section at the request of the Harbormaster)
John Slavinsky of Cape and Islands Engineering represented the applicant. The homeowner is requesting to reduce the approved 12-foot dock by 3 feet. Once the original application was approved, the Harbormaster recommended the reduction along with his willingness to support the dock with the Corps of Engineers.
Motion made, seconded and unanimously carried to Approve the Amended Order.
Agent McManus stated his concern for grounding at low tide and noted the need for float stops at the adjacent properties. Agent McManus requested a re-vote and recommended a close and issue but stipulating the float stops. Commission members stated that since it is an Amended Order, it has already been approved. Assistant Agent Leidhold checked the original Order of Conditions which contains the necessity of float stops to prevent grounding.
General Discussion
The commissioners discussed the issue of beach nourishment obligations in perpetuity, specifically in regards to properties that no longer have access to carry out their beach nourishment requirements as per their existing orders of conditions. The discussion centered on projects with on going maintenance in perpetuity, specifically beach nourishment, and how maintenance in perpetuity does not account for changing conditions in the natural environment. The commissioners discussed the issue of enforcing a condition that could no longer be carried out by pre-established protocols, namely access and grading of sand for beach nourishment. The commissioners agreed that maintenance in perpetuity should not be included in future beach nourishment filings as the changes in the natural environment are too
unpredictable to allow for the same standards and protocols to apply year after year. The commissioners discussed the merits of having applicants who wish to beach nourish file for new NOI permits every 3 years to allow for proper assessment of changing environmental conditions.
Motion made, seconded and unanimously carried to adjourn at 8:07 pm.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
| 
