Conservation Commission
Minutes of November 18, 2010
Public Hearings
Mashpee Town Hall - Conference Room 3
Commissioners: Chairman Jack Fitzsimmons, V. Chairman Ralph Shaw, Brad Sweet, Mark Gurnee, Lloyd Allen, John Rogers
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:55 pm - Public Comment
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: Thursday, November 4 2010
John Rogers mentioned a typo that will be corrected in the final draft.
Motion made, seconded and unanimously carried to approve the minutes of November 4, 2010.
- FYI Land Acquisition: 147 Lovell’s Lane (5.3 acres tax-taking property) Mashpee National Wildlife Refuge Partnership: The Agent had a meeting last week with the Mashpee National Wildlife Refuge. The parcel abuts the Wheedon parcel which was acquired by Orenda Wildlife Trust and they had discussed the possibility of drafting a warrant for the next town meeting to have the parcel deeded to the Conservation Commission as it would provide a connecting corridor to other conservation areas and land trust lands. There will be no costs involved as it will be just a matter of taking it out of tax-taking status and deeding it to the Conservation Commission.
Motion made, seconded and unanimously carried to move forward as the Agent has suggested
- Warren Fields 12 Popponesset Island Road: Superseding Orders: The applicant Warren Field has obtained a Superseding onsite consult to request a Superseding Order of Conditions for the deck behind his house. The Agent is unsure of how long it will take for it to happen but as soon as he knows, he will let all the Commissioners know so they may attend the onsite meeting. The Chairman asks if the deck remains in the meantime and the Agent will need to clarify but he believes that during the appeal period, the project can stay.
HEARINGS
7:00 Dawn Franklin SE 43-2628 (416 Monomoscoy Road) Construct pier, ramp and float Cont’d from 11/04/10- NOI
Resource Area: Land Under Ocean/ LSCSF/ Salt Marsh & Land Containing Shellfish
Material submitted: Plan – Proposed Pier Ramp & Float 11/04/10 Cape & Islands Engineering / Shellfish Resources Areas (Map 12) Mashpee Planning Department 2/4/1997 Rick York
Jack Vaccaro from Vaccaro Environmental Consulting is the representative for the homeowner and explains that they had their initial hearing last week but had immediately requested a continuance because the Shellfish Constable had made some comments that they did not have time to respond to. The plans now show a revised pier location where they shifted slightly to the south to avoid quahog habitat. There is an existing crude dock towards the southern end of the site and the proposal is to remove this dock and replace with a new proper dock that would extend out into Great River. It will cross an area of salt marsh and extend into Great River where the water depth exceeds two feet. It will extend approximately 26’ beyond the
edge of the salt marsh. Agent McManus states that the Shellfish Constable gave him a plan and he would like to confirm that it is the revised plan. John Slavinski explains that they gave the Shellfish Constable a plan that shows the original diagram along with the revised one but they did not put a revision date on it because he had wanted to wait until it was approved before dating it. The Agent states that he will get an official letter from Mr. York for the file. Mr. Sweet asks if there will be some disturbance to the vegetation on the upland side and Agent McManus confirms that the pathway will cut through some existing vegetation although a lot of it is invasive. He mentions that under Mashpee’s bylaw, the area will be considered a Naturally Vegetated Buffer Strip (NVBS) and 4’ pathways are allowed.
Motion made, seconded and unanimously carried to Close and Issue pending receipt of the Shellfish Constable’s statement
7:03 Lee Clark SE 43-2633 (248 Wheeler Road) Vista Pruning - NOI
Resource Area: Inland bank leading to Ashumet Pond
Material submitted: Plan – 248 Wheeler Road Vista Pruning 10/21/10 Christopher Costa & Assoc.
Mr. Clark explains that he has filed with Natural Heritage and Endangered Species as well since a portion of the inland bank falls within the core habitat designation of the 2008 map. The proposal envisions a trapezoidal corridor above the inland bank which borders Ashumet Pond. Corridor creation will require removing a few saplings and pruning the middle sections of limbs from the tall trees growing on the steeply sloping hillside. The project will be carried out by a registered arborists, Tim Green from Greens Tree & Garden. Agent McManus states that he met with Mr. Clark and the contractor a few times at the property where the vegetation has been flagged and the corridor has been staked. The project is standard
vista pruning protocols. Chairman Fitzsimmons mentioned that there is a walkway shown on the plan that goes down to the resource area and asks if normally the width of the walkway is included in the amount of the vista corridor calculation. The Agent states that they are not because they are allowed through Naturally Vegetated Buffer Strips.
Motion made, seconded and unanimously carried to Close and Issue
7:06 Joel Zeger (Popponesset Bridge) Repave Popponesset Bridge (cut & remove existing asphalt) - RDA Cont’d from 11/04/10
Resource Area: Land Under Water, LSCSF & Salt Marsh
Material submitted: Plan – Color Photos / Bridge Deck Plan 10/25/10 / “Scope of Work for Bridge Paving at Popponesset Island Bridge” 10/21/2010 Lawrence Lynch Corp.
Joel Zeger from Popponesset Island Association and Bright Coves states that he is stepping in for Mike Richardson as he had filled out the paper work and was away during the first hearing. He explains that the reason they are doing this project now is that they are starting to get some failure of the pavement as it crosses the bridge and secondly, at the abutments, where the road meets the bridge, vehicles can be felt going up and down. They do not want to see it break free as all the water and runoff will go down in between the bridge, abutment and the road itself and then cause additional problems which will tie up the bridge for a
longer period of time. The construction will be done by Jonathon Croft from Lawrence Lynch who is present for any technical questions. The goal is to not tie up the bridge for more than one full day and possibly a second day because of emergency vehicles. In terms of the environmental impact, there is nothing that will go into the water because the work that Lawrence Lynch will do is to basically take up the black top and replace with new pavement. Agent McManus asks if there is a need for any erosion control and Mr. Croft answers that there will be which is outlined on the new plan (highlighted in yellow). They will be using a silt fence barrier around the perimeter of the whole sight and attached to the outside railing on the water side. The Agent mentions that there will be two conditions applied to this RDA; (1) there will be a need of some kind of erosion control and (2) an onsite consult before the work commences but after the silt fence is
in place. He also asks Mr. Croft what the mechanism is for removal of the old pavement and Mr. Croft responds that they will be using a Grade-All which has an asphalt removing bucket that is very confined and self contained. The bridge has a wooden deck underneath the asphalt so there will be a means for emergency vehicles. Mr. Gurnee asks if there will be any re-grading and Mr. Croft explains that there will be a little re-grading at both approaches to match everything up.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Cotuit Bay Condos SE 43-2496 (418 Quinaquisset Ave.) Add perpetuity to OOC for invasive vines – AOC
Resource Area: Inland Bank
Material submitted: Plan – Plot Plan (highlighted area)
Michael DiNoia, the site manager for Cotuit Bay Condos is present and he states that they recently had approval for vista pruning but the invasive vines (from previous NOI) have grown back pretty ferociously and he would like to remove them but seeks approval to add perpetuity to his Orders. Agent McManus had recommended the vine removal before the vista pruning because they were so thick in the field that he could not make a determination in which they submitted an NOI for the vines but had forgot to include “in perpetuity”. The same protocols will apply which will require an onsite consult prior to any removal.
Motion made, seconded and unanimously carried to Close and Issue the Amended Order of Conditions for SE 43-2496 as proposed
7:12 Sharon Blakeman (11 Santuit Pond Road) 10’ x 12’ Shed – RDA
Resource Area: Buffer zone to Top of Inland Bank
Material submitted: Plot Plan – hand drawn
Sharon Blakeman is seeking permission to construct a 10 x 12 shed. There is no vegetation in the area and the only ground disturbance will be to dig a few holes for the pilings. Agent McManus states the construction had already been started as Ms. Blakeman was not aware of the jurisdiction. Mr. Gurnee asks if the shed will require a building permit and Ms. Blakeman answers that it does but she needed Conservation approval first.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Mark Sullivan SE 43-2359 (318 Red Brook Road) Remove 10 trees & construct 8’ deck – AOC ***WITHDRAWN****Must be submitted to DEP on Superseding Orders
Agent McManus explains that the original Orders under Graves which had gone all the way to Superseding Order of Conditions and now the new owner would like to make some changes that go beyond the original work limit. The Agent had asked Mr. Sullivan to contact DEP and find out the protocol for this project. The Agent states that he could come before Conservation under the bylaw to get approval but he would rather him go to DEP first because they are the issuing authority and he feels that the original project was very controversial as to where the work limit should be, questions on the wetland and also the size of the
house. He believes that Mr. Sullivan should go through DEP first and if they approve the Amended plans, it can then be submitted through Mashpee Conservation as an RDA.
7:18 Viola Associates SE 43-2632 (38 Waterline Drive) Pool Shed and Patio – NOI
Resource Area: Flood zone A
Material submitted: Proposed Site Plan 11/04/10 Cape & Islands Engineering / Landscape Plan Shaer Residence 11/10/10 Maffei Landscape Contractors
Jack Vaccaro from Vaccaro Environmental Consulting is the representative for the homeowner and explains that the homeowners would like to install a pool in the back corner of their property. The property is on the landward side of the nearest resource area which is the East side of Great River and is well over 100’ from the site but is within the flood zone. The landscape company did not realize that when they began work on the property until they had come in for permits and found out that they were in Conservation jurisdiction. The company then stopped work and called in Mr. Vaccaro to apply for a permit for an Order of Conditions. Mr. Vaccaro explains that the only issue with this property is that when the house was
initially permitted, the area for the proposed pool had actually been set aside as a “do not touch” area and again, the landscape company was not aware of that either when they did their clearing. Mr. Vaccaro asks if they could relocate the “do not disturb” area to another area which is larger than what was previously designated. Agent McManus describes the property and says that by looking at it, you would not have guessed that it was in a flood zone. The Agent states that he pulled the plan and saw that the area was supposed to remain naturally vegetated and explained it to the contractor. The contractors has a good working relationship with Conservation on past projects so this not something of a repeat offense or anything of that nature. It is also an easily fixable situation with mitigation and moving it to a different location as the ground that was cleared really didn’t have much for ground vegetation; just mostly
spaced out trees and there is also no impact to the resource area. Vice Chairman Shaw asks if a landscape plan should be submitted and the Agent confirms that a plan does need to be submitted. Mr. Vaccaro agrees and also mentions that they will be removing some of the ornamental shrubs to be replaced with good native shrubs.
Motion made, seconded and unanimously carried to Close and Issue pending receipt of landscape plans
7:21 John Kelley (174 Captains Row) Remove existing concrete & railroad tie retaining walls and borders and replace with interlocking concrete blocs. Replace crushed stone and sand walkway and backfill areas as necessary (same footprint) – RDA
Resource Area: Buffer zone to riverfront
Material submitted: Site Plan / Black & White photos
Lauren Lounsbury from Cape Cod Construction Services is representing the homeowners and explains that they would like to replace worn out materials with better grade products. The proposed work is in the existing footprints with no removal of any vegetation and all work will be done by hand. Agent McManus states that this is your basic hardscape upgrade. The resource area is Mashpee River and there is no bank leading to the river or inland coastal bank. The work is approximately 35-40 feet from the BVW.
Motion made, seconded and unanimously carried for a Negative Determination
7:24 Bayswater Seaside SE 43-2635 (108, 110 & 116 Shore Drive West) Bank stabilization using biodegradable sand-filled bags and fiber rolls – NOI
Resource Area: Coastal Bank, Coastal Beach & LSCSF
Material submitted: Proposed Bank Stabilization 11/04/10 BSS Design
Tara Marden from Woods Hole Group is representing Bayswater Development and explains that the lots are in between Seaside Village and Tide Watch. The project is using mostly biodegradable materials to stabilize the bank as there are no other options for hard coastal engineering. She states that she has been working with DEP to come up with the design using this product. Ms. Marden states that the erosion at this particular site is pretty significant and says that last year they did approximately 24,000 yards of beach nourishment on the 250’ wide lot. They have been nourishing for the last 18 or 20 years but the erosion has been more significant in the last couple of years. She explains that the project is suitable to
DEP and Coastal Zone Management of Massachusetts by using biodegradable products that consist of coconut fiber. She describes the project as creating biodegradable sand bags that they call lifts which won’t be tied on the back side. They will be open into the face of the coastal bank. They will be filled with sand with material filter bags on the inside and wire mesh on the outside. It will be used for high-wave energy environments. Each bag is 16’ L x 2’ H and 16’ back into the bank. The lot is 250’ long and each one will have approximately 250 yards of sand in them. There will be 8 bags on the Tide Watch revetment and 7 bags closest to Seaside. On the top, they plan to use four or five rolls on each of the sections which will actually be anchored into the bank but there will not be any anchors used in the lower half because the weight will make them stable enough to stay in place. The beach volume
will vary but it is important to keep the structure covered so that the products do not break down due to UV rays. They will place 12” pilings on the seaward side which was approved through DEP. There will be pilings put on the front side which take up about 3’ and it is right against the base of the bank to hold the bottom sandbag in place.
Vice Chairman Shaw asks what type of vegetation will be used and Ms. Marden replies that they will be using beach grass. Agent McManus asks how far back the vegetation will go and Ms. Marden says that they want to stabilize the front face of the bank and the Agent asks of a buffer strip. Ms. Marden says that they can work with Conservation regarding a buffer strip because it will benefit the client but she wants to see if it can be stabilized first with beach grass. Mr. Sweet asks if there will be an access point for the trucks to back in to dump the sand and Ms. Marden says that they will be coming in from the golf course but during construction they will be using the top of the lot to bring the materials down. They are anticipating
to only nourish the lower half because they are hoping to stabilize the upper half with vegetation so they will not want to dump over the bank with the new vegetation. She believes that the top is at most 16’ and they can get in there with the excavator and put in the sand. Seaside Village is done through the golf course and she also believes that they will be maintaining the easement between Tide Watch and the New Seabury property where they always have access to beach nourishment.
Mr. Gurnee asks about the material of the wire mesh and Ms. Marden states that is plastic coated wire mesh with two layers of fabric material. She states that approximately 5 years, the client will probably have to do substantial repairs or replace the system. If the material is kept covered, it is possible 7-10 years but will require constant maintenance. Chris Holmes from the manufacturing company explains that this product has been used in several instances along the Cape and is used mostly in high energy areas. It allows minimal movement a little more than the typical fiber rolls which allow it to withstand high energy a little longer. They are 4 times stronger than the typical ones that are all over the Cape. Mr.
Gurnee asks what the purpose of the core material is and Mr. Holmes responds that it will hold back the fine sands which will act more like a cushion or pillow for that. He also states that there are some of these projects that have been in place up to and over 10 years.
Joe Colisano who works for Bayswater Development for New Seabury Properties states that they will be maintaining this on a monthly basis and will use the same procedures as before in regards to storms. Ms. Marden responds that they are trying to maintain a line of sand right now by constantly putting nourishment there but it just keeps moving. This material can be hit by a storm which will be fine because it should still maintain that line of sand and it will just require another veneer of sand to protect it from the elements. Right now New Seabury is just putting loose granular sands which get sucked away so they end up nourishing massive quantities during one storm. This system will act to stabilize the line. Chairman
Fitzsimmons states that the Commission does not have anyone that has technical expertise to be able to have an informed opinion on the project. Agent McManus states that Ms. Marden has been working with Jim Mahala who works for DEP as their coastal specialists and according to Ms. Marden, he is in favor of this project. The Chairman states that DEP will have to be relied on because of the complexity and Agent McManus says that he will be speaking with Jim Mahala. Mr. Sweet asks how they will keep the waves away while the bottom of the structure is being established. Ms. Marden responds that there are some stones already at the return and they will place more at the high tide line to break the wave energy. She also mentions that they will have to remove some of the sand from the banks because the structure has to be installed into the bank. They will push the sand seaward so that it will build a barrier. They will need to get into the native
bank to install the structure and then place the sand cover on top.
Joe Fadula, President of the Seaside Homeowner’s Association and states that he has a few questions as some of the associate members had asked him to attend because they are away at this time of year. His understanding is that the brick revetment in front of Tidewatch amplifies the waves against that part of the bank which Ms. Marden confirms that it does and it is because of the rocks that it is amplified. He also questions that if they are successful in stabilizing that part of the bank, will the waves just move down the shore. Ms. Marden explains that because the rocks are hard and they cause wave reflection but this material can absorb the wave energy. Agent McManus states that this is the reason why DEP looks for soft
solutions because this absorbs more wave energy. Mr. Fadula says that in this particular area, they experience erosion 2-3’ deep but this is not occurring further down. His question is that if it’s successful here in Bayswater, will they just be transferring the problem to Seaside and he is asking for a guarantee that it will not happen. Ms. Marden says that there are no guarantees as there can not be any type guarantee if you live on a coastline. Mr. Holmes states that all the nourishing that has been brought in had been holding and stabilizing everything in the middle. He continues saying that if you stabilize these areas then you will help stabilize the interior areas.
Mr. Gurnee would like to clarify what he believes he understands of the project and that is that they will be cutting back into the bank, put the structure into place and then cover it in sand to achieve the same coast/surface that was there. Ms. Marden states that it is not as far seaward so part of the bank will be farther back than it is now; away from the highwater line. She explains it as though the coastline wants to be straight line but they keep bumping it out with all the beach nourishment each year. She says that this project will maintain the line but it will be more of a straight line. It is stated that after a storm, there will be a lot less sand that will have to be re-nourished. Last year, they had to budget
approximately $400,000 for beach nourishment but this year, they expect to only need $60-$80,000.
Motion made, seconded and unanimously carried to Close and Issue
7:27 Howard & Judith Kahalas SE 43-2634 (2 Bow Sprit Point Rd.) Vista Pruning – NOI
Resource Area:
Material submitted: Plot Plan – Hand drawn 11/08/2010
Edward Gibbons from Edward Gibbons Landscaping is present for the homeowner and is applying for a Notice of Intent for Vista Pruning and is asking to prune saplings and brush to about a 5’ level, 25’ wide of a 100’ property line. Agent McManus mentions that this will be a unique vista pruning project as it is mostly lawn leading up to a very minor coastal bank and which then abuts Spinnaker Cove in New Seabury. The Agent explains that it is about a 10’ wide line of vegetation and that 90% of the shrubs are invasive materials which include mostly Asian Bittersweet intertwined. There are probably one or two saplings and the rest is all shrub level vegetation. The vista pruning regulation allows maintenance
of ground vegetation to a height of 5’. Mr. Gurnee asks if the 25’ includes the walkway and it Mr. Gibbons answered that it does not include it as the existing pathway goes north (to the right).
Motion made, seconded and unanimously carried to Close and Issue
- Sub Committee Updates: The Regulation Subcommittee meeting is being held on 11/19 and the first meeting of the Land Subcommittee meeting was held this past week. The outcome from the Land Subcommittee meeting was to take a tour of the John’s Pond Conservation parcel which has the most issues. It was also decided upon to arrange a meeting with Chief Collins to discuss getting some protocols going as far as regular routine enforcement because of all the issues in that area. Chairman Fitzsimmons asks when the next subcommittee meeting is and the Agent informs him that it is December 7th at 3pm.
- CPA Application Update: The Agent had met with Doug Cameron from the MA Division of Fishing and Boating Access at Pickerel Cove and identified a suitable area for a community kayak launch. Mr. Cameron verified that the area is conducive for the services that they offer. It is near the old landing that was in place for the campground. The Agent also took him by Moody Pond / John’s Pond Conservation area and Mr. Cameron had said that they could do something about the entrance to Moody Pond where they had blocked off the entrance to the beach portion to keep cars from backing in and blocking access. He mentioned possibly creating a parking lot across the dirt road on the other side and that will enhance the area with traffic flow. Vehicles will not be able to park on the beach anymore;
they can park across the street and will be able to launch their canoes and kayaks into Moody Pond in a better way than they are currently doing.
- Americorps: Fitch/Lopez: The group had gone in and established the beginnings of the Fitch/Lopez trails so now there is a trail that extends from the Lopez Property all the way out to the embankment that slopes down to the Mashpee River. The trail runs along that embankment and hooks up with the Fitch Parcel.
- Mashpee Wildlife Refuge: The next buffer treatment for wildfire at the Holland Mills development area has been flagged. Chief Baker states that they will be doing the mechanical treatment of the understory soon. Most of it falls within the Mashpee Pine Barrens Conservation area.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:25 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
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