Conservation Commission
Minutes of November 4, 2010
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, V. Chairman Ralph Shaw, Mark Gurnee, Brad Sweet, 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, October 21 2010
Motion made, seconded and unanimously carried to approve the minutes of October 21, 2010.
- Administrative Approval SE 43-2550:
Resource Area: Land Subject to Coastal Storm Flow/ Buffer to salt marsh
Material submitted: Plan / Lanscape Retaining Walls 10/28/2010 Cape & Islands Engineering
Agent McManus states this project was originally a Notice of Intent for a home demolition and reconstruction. He mentions that he can pass around the original plan of record for a comparison if anyone is interested. John Slavinski from Cape & Islands Engineering explains that there are three proposed walls; one near an existing wall, one on the opposite side of the house and one off of the garage. They are reducing the dwelling footprint by 521 sq.ft. Mr. Gurnee asks what the point of the stone wall is for on the side and Mr. Slavinski explains that there is a little fill going in because of the amount of foundation showing which puts them in a position as the Building Department will call it a “story” so they will need to
cover up some of it up. The wall is approximately 3’ high. Agent McManus states that everything is within the pre-approved work limit.
Motion made, seconded and unanimously carried to approve the Administrative Approval for SE 43-2550
- Community Preservation Act: Agent McManus would like to update everyone (which will not require voting) on the Community Preservation Act’s deadline which has passed for funding. The funding is specifically for recreation projects. It is for a parcel that was mostly purchased with Community Preservation Act Funds. The application was submitted with estimates for work on clearing and recreating an old two-acre field including turf maintenance from DPW and a satellite parking lot along with a canoe/kayak access area at Pickerel Cove. He contacted Division of Boating and Fishing Access which is under the Department of Fisheries & Wildlife, primarily because of Mr. Martiros and his concerns over the water volume of Johns Pond and public boat ramps that may be contributing to the run off into the pond which he
will follow up on. In the meantime, he was looking for an estimate for the canoe/kayak access to submit with the application and they told him that they offer funding, engineering, technical guidance and consultation for projects that involve creation of public landings but the only stipulation is that you have to allow open access for everyone, not just Mashpee residents. They are not under any agreement with boat landings in town that require sticker access. The Agent feels that there should not be an issue entering into this type of agreement with them as it is just a small ramp and they should take advantage of the assistance. There is a meeting on the 9th that he will be attending with the Leisure Services Director because they are also looking to take advantage of this project with a possible Summer Day Camp.
HEARINGS
7:00 Carl Leppo (109 Waterway) New Title V Septic System - RDA
Resource Area: Flood Zone A
Material submitted: Plan - Sewage Disposal Repair Design 9/15/10 Christopher Costa & Associates
Matt Costa from Christopher Costa & Associates proposes to upgrade an existing septic system. The current failed system is in the back of the property and they will relocate the new system to the front of the property. Agent McManus states that the resource area is Flood Zone A and the lot is approximately 200’ from the nearest coastal bank. The entire lot is mostly disturbed so no impacts to vegetation will result from this project.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Fran Reavey (42 Cayuga) Shelled Boat Area (ATF) - RDA
Resource Area: Buffer zone to Inland Bank
Material submitted: Plan - Plan of Wooden Wheelchair Ramp (Hand drawn seashell area) Cape & Island Engineering
(Mr. Reavey arrived late and was voted in to be heard instead of a continuance)
Fran Reavey explains that he put some shells down for the boat area and beyond that; he cleared vegetation that was beyond the buffer zone. Agent McManus states that on the other side of the house is inland bank leading down to Johns Pond and that Mr. Reavey had cleared an area that was just ground cover and crab grass. He established the clam shelled driveway without realizing that it was within the buffer zone to the top of the inland bank. The area of clearing is within the 50-100’ buffer but it was 100% disturbed already so there is no mitigation that comes into play. They would like to bring everything into compliance.
Motion made, seconded and unanimously carried for a Negative Determination
7:06 David Blesoff (63 Pickerel Cove Circle) New Septic System - RDA
Resource Area: Inland bank leading to Mashpee Wakeby Pond
Material submitted: Plan - Proposed Septic System Upgrade 10/18/10 Engineering Works, Inc.
Peter McEntee from Engineering Works explains that the owner wishes to upgrade his septic system. The existing system is a cesspool and lies within 73’ of an inland bank but they will require a variance. The Agent states that the project is straight forward and any kind of improvement that moves the septic further away from inland bank and water resource is always beneficial.
Motion made, seconded and unanimously carried for a Negative Determination
7:09 Stendahl Condos SE 43-2622 (251 Shore Drive) Create/construct walking path, remove creosote timbers and replace with dry laid stone wall, removal of invasive plant species and replant/revegetated – NOI Cont’d from 10/21/10
Resource Area: Inland Bank Leading to Deans Pond
Material submitted: Plan - Stendahl Place Condominium 8/16/10 Casey Landscaping
Brian Casey from Casey Landscaping explains that the main objective is to get safe access around the back of each unit and have pathways to Deans Pond. He states that there are existing creosote walls that they will take down and reconstruct the driveway wall. They will use bluestone stepping stones in the existing grade to get around the buildings. Mr. Casey explains that they will need to extend some of the corners where the existing creosote walls are only approximately one foot wide because it is a tight access around the corners. Agent McManus explains that it is a very thickly vegetated bank. Agent McManus would like to mention that he is to take full blame for the landscape plan submitted as there are no contours or
grade elevation shown. Mr. Casey states that there are a lot of invasives within the heavy vegetation that they would like to remove. He also explains that there are a lot of creosote ties and trash that were dumped in the vegetation which he would like to cleanup. Mr. Casey believes that the debris has been there for approximately 20 years or more. The walls will be replaced with rock wall (no concrete) and the paths will be about 3-4’ wide. Agent McManus states that they have been delineated and pathways are allowable through the NVBS guidelines and also mentions that removing the invasives will improve the resource area. Chairman Fitzsimmons comments on the plan in regards to it not having any contour lines in which his concern is that someone looking at the plan would not know how steep the bank is and if there is an erosion risk involved. Mr. Casey explains that there are no grade changes and where they are looking to re-vegetate
is what they considered bare areas. Agent McManus feels that contour lines are very important when dealing with a coastal bank that supplies a sediment source to coastal beaches and dunes but this bank is thickly vegetated and is not a sediment source so it should not be as much of a concern. Chairman Fitzsimmons asks if there is an inland bank and the Agent answers that there is and it follows the contour of the rear of the condos. The Chairman asks what the regulation states and the Agent reads Chapter 172-9 of the Mashpee Wetland Bylaw of an Inland Bank / Performance Standards for Inland Bank. Mr. Sweet comments that this is improving the situation but he would like to state that for the future that Casey Tree provide plans with the proper elevations. Mr. Gurnee asks if the paths already exist and questions why they go straight down the hill. Mr. Casey explains that they do not exist and they can be created with more of a curve if preferred.
Chairman Fitzsimmons asks for public comment and a resident stands to make a comment about the project. Mr. Dermot O’Donnell states that he lives across the pond from the proposed site and he objects to the fact that the contractor did not specify the type of invasives that are being removed, where it is and what is going in its place. Also, he says that the number three and four paths are close to where the swans build their nests and also where the blue herons gather during the summer. Agent McManus states that the invasives are identified as Bittersweet and Russian Olive, both of which if allowed to persist then the entire bank will be overcome and that will alter the habitat. He also states that the trails will not disrupt
the habitat, shelter or food supply of the blue heron or any other species that occupy the area. It would need to be established specifically and tested as to how a pathway would affect the habitat of a particular species. The Chapter 172 bylaws were carefully written to address minimum impact to buffer strips like this one. However residents do deserve access to the water as long as it is carefully controlled and permitted and restricted to no wider than four feet wide with steps taken to insure no runoff will incur. Even though this will require clearing of vegetation to accommodate the pathways, it is perfectly in line with the bylaw and guidelines for naturally vegetated buffer strips (NVBS). Mr. O’Donnell states that this area borders the horse trails and if paths are created in the woods, it creates an easier access to the nesting area by foxes and coyotes. The Agent responds that wildlife will get to a food source whether you create
a pathway or not and that to show a specific impact by the paths, than a wildlife biologist would need to be consulted. Mr. Casey explains that they are not totally clearing the vegetation; they are pruning through the thickly vegetated area and removing only the invasives. The only area to be revegetated is the area that is presently bare. He asks Mr. O’Donnell if the swan nesting is on the Stendahl Condo side and Mr. O’Donnell responds that one year it was but other years it is in the middle of the water. Mr. Gurnee asks how much vegetation will be removed and Mr. Casey says approximately 1% - probably less. Mr. Gurnee would also like to state his concern about the actual location of the paths and asks the Agent to go onsite and work with the contractor. The Agent states that everything will be staked and every step taken that no clearance will result in any runoff or negative impact to the habitat. Mr. Casey also
mentions that they really do not have plans for the paths but wanted to permit it for future option.
Motion made, seconded and unanimously carried to Close and Issue
7:12 Stephen & Katherine Howe SE 43-2584 (76 Spoondrift Way) Vista pruning & tree trimming in perpetuity – AOC Cont’d from 10/21/10
Resource Area: Buffer Zone to Coastal Bank/ Salt Marsh
Material submitted: Plan - Proposed Vista Pruning and Tree Pruning Plan (Rev) 11/5/2010 Michael Talbot & Associates
Michael Talbot from Talbot Ecological Land Care is representing the homeowner and explains that this plan was presented a couple of weeks ago and was asked to be altered so that a 50’ corridor is marked along the resource area. He states that he met with the Agent who came up with a solution by putting two stakes on the landward end and two stakes on the vegetated wetland part of the corridor. Mr. Talbot mentions that Drew went out and measured an actual 48’ so he took a copy of the plan for the purposes of this meeting and added an additional note that reads; “The actual corridor staked in the field is 48’ – 50’ in width and it is agreed to abide by those stakes now and in the future” and he then signed
it and proposes to submit a revised plan with this following note added to the vista corridor; “Please Note: The applicant and the contractor agree that all vista pruning shall be carried out within the existing field stakes rather than the representation on this plan. Furthermore, the vista pruning will be permanently staked in the field and all future vista pruning shall be done within those field stakes.” Mr. Talbot states that the stakes abide by Mashpee’s guidelines. Chairman Fitzsimmons states that he cannot support this application the way it is presented. He wants to see a plan that shows what is going to be done and the plan that he has in front of him does not show it. He asks Mr. Talbot why it couldn’t be re-drawn because the plan that he has is the same one from two weeks ago. The Agent mentions that he thought the notation on the plan would be sufficient for the corridor. The Chairman states that
he would just like to follow the guidelines with a new plan showing only 50’ on the edge of the resource area and should ask for a continuance. Mr. Talbot states they do not want to continue and asks if they can “close and issue with revised plan” and he explains that they didn’t have the plan ready because they were still working on it today. Agent McManus suggests that the best plan would be to continue so that they can show the revised plan showing the corridor. Mr. Talbot asks why they can’t close and issue with a revised plan which he will submit the following day. Mr. Allen suggests that he add the lines on the plan that they have tonight and the other Commissioner’s agree that they would like to see that.
Mr. Talbot makes the changes which point out the revised corridor on his plans and shows the Board members. The revisions show 40’ at the house and 50’ along edge of wetland. He states that they will be following the stakes in the field which is actually 48’ and they will submit a final plan to the office in the morning.
Motion made, seconded and unanimously carried to Close and Issue the Amended Order of Conditions as proposed and re-drawn with the revised plan submitted to the office by 11/5/10
(It is voted to hear Reavey - 42 Cayuga Avenue)
7:15 Dawn Franklin SE 43-2628 (416 Monomoscoy Road) Construct pier, ramp and float – NOI Cont’d to 11/18/10 @ 7:00pm
Resource Area: Salt Marsh/ Land Under Ocean/ LSCSF
Material submitted: Plan - Proposed Pier, Ramp & Float 8/18/2010 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 requests a continuance due revisions necessary by the Shellfish Constable.
Motion made, seconded and unanimously carried for a continuance until 11/18/10 at 7:00pm
7:18 Joel Zeger (Popponesset Bridge) Repave Popponesset Bridge (cut & remove existing asphalt) – RDA Cont’d to 11/18/10 @ 7:06pm
Resource Area: Salt water creek
Material submitted: “Scope of Work for Bridge Paving at Popponesset Island Bridge” 10/21/2010 Lawrence Lynch Corp.
Requested by Michael Richardson to be continued so that they may acquire an engineered plan.
Motion made, seconded and unanimously carried for a continuance until 11/18/2010 at 7:06pm
- Town Landings (runoff concerns): Agent McManus states that he pretty much covered this topic in the Community Preservation Act (topic #3).
- Americorps Update: Americore was in on Friday, October 29 and re-cleared the trail at Besse Bog which turned into an all day project so they were not able to get to the Lopez & Fitch which they can do on November 12th. Mr. Gurnee asks if there are any mappings of these trails and if the Agent will be taking one of those GPS units out there and the Agent states that he will do a walk through once they are established with a track stick. The Agent would also like to mention that he will be meeting with Tom Mayo, the GIS administrator, soon to identify all the trails and access roads so that they can create one booklet with all the information which will include all Mashpee parcels whether they are Conservation or not.
- Trustees of Reservation: There has been more employee turn-over such as this is the 3rd person that Agent McManus has spoken too that will be in charge of Cape Cod & Islands and their properties. Regarding the Memorandum of Understanding of the Mashpee River Woodlands, they put up a new sign and a new kiosk. The next project will be the steps going down the easement that will link up their property with Conservation’s.
- Confirmation of Dates for Sub-Committee Meetings: New dates:
Conservation Land Subcommittee: November 16th @ 3:00pm
Regulatory Subcommittee: November 19th @ 9:30am
Additional Comments
Agent McManus would like to mention that Mr. Fields did pay the $300 penalty fine that was issued at the October 21 meeting.
The Board also briefly discusses the upcoming meeting on December 2 with Mr. Fields.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:12 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
***All material submitted for hearings can be found on Conservation Flash Drive dated 7/1/10***
| 
