Conservation Commission
Minutes of October 7, 2010
Public Hearings
Mashpee Town Hall - Conference Room 1
Commissioners: Chairman Jack Fitzsimmons, Mark Gurnee, Brad Sweet, Jeffrey Cross, Lloyd Allen, John Rogers
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
Call Meeting To Order: 6:55 pm - Public Comment
Bill Martiros, a resident on John’s Pond since 1967 addressed the Board regarding the deterioration of the pond and that it has been deteriorating at a faster pace over the last few years. He wanted to bring to attention a couple of issues that he has seen. First is the runoff into the pond from the following; a boat launch ramp on John’s Pond Estates; a state launch ramp on Hoophole Road; a launch ramp on Briarwood; a ditch that runs from just outside the Airforce base which takes the overflow water but when that overflows, it runs into a trench where someone had dug that goes straight to the pond. On Algonquin, where the road travels down the hill and levels off at the pond, there is a trench filled with blue stone that was dug directly to the pond and he’s not sure if it was the Association that created
that or not. The Chairman asks specifically what is the issue and Mr. Martiros states that weed growth is one of the main issues and the other is from the high water levels. He states that when the water level is high it undermines the soil at the edge of the water. He has lost approximately four feet of water frontage from his property. One winter, when the pond froze over, the ice broke off the bark from the trees at the edge of the water. He is also concerned about the rules and regulations regarding boating. Chairman Fitzsimmons suggests that because this is a Great Pond, then Mr. Martiros should write a letter to the state. Mr. Martiros had felt that Conservation was responsible and Agent McManus explains that it depends on the issues. The State will get involved as a cooperative effort if there are residents that bring attention to the issues. The Agent suggests to Mr. Martiros that the two of them should go out and
Mr. Martiros can show him the areas that he is concerned with. The then can identify the areas in a letter addressed to DEP in which the Agent says that he will corroborate the information so that they can find out what could possibly be done with the public ramps. The Agent explains that you have to establish cause and effect with water test sampling and provide details. Agent McManus does inform Mr. Martiros that water levels are his responsibility as Herring Warden and he will be paying more attention to that during the winter time. He explains that at the end of October, they will be removing some of the boards as all of the Herring Fry will have exited the pond by this time. Mr. Martiros asks if there is any kind of pond committee that oversees the ponds. Agent McManus believes that the Friends of Santuit Pond, which was recently established and also, possibly, the Mashpee-Wakeby Pond Committee which recommended contacting the Environmental
Oversight Committee which has a broad interest and also to contact the Waterways Commission. Agent McManus wanted to also point out that there is a lack of enforcement to boating on all of the ponds and unfortunately that comes down to the availability of funds to hire Assistant Harbormasters.
HEARINGS
7:00 James Regan SE SE 43-2611 (68 Cayuga Avenue) New 68’ Seasonal Dock - NOI Cont’d to 12/02/10 @ 7:00pm
Applicable Resource Area: Johns Pond: Land Under Water
Falmouth Engineering has requested a continuance as they are still waiting for a comment from MESA.
Motion made, seconded and unanimously carried for a continuance until 12/02/10 at 7:00pm
7:03 Warren Fields SE 43-2623 (12 Popponesset Island Rd.) Restore 800 sq.ft. of cleared land with native trees and shrubs - NOI
Resource Area: Coastal Bank/Buffer to Coastal Bank
Jack Vaccaro from Vaccaro Environmental Consulting explains this is a Notice of Intent that was submitted in response to an Enforcement Order that was issued to Mr. Fields in June. There were two violations and the first one was for unauthorized clearing along the coast bank and the second one was an unauthorized placement of a wooden patio. The Conservation Agent strongly urged that each issue be addressed separately and the first application should be for the clearing of vegetation. The second NOI will be submitted tomorrow for the patio. The consultant stated that the area of the clearing was heavily vegetated mostly with overgrown vines and poison ivy and a lot of bittersweet. He went on to describe that the trees, for
the most part, were kept and the clearing extends to the top of the coastal bank. He claims the owner did not know that he was doing anything wrong by clearing the vines and poison ivy. He had maintained many of the shrubs and trees. Mr. Vaccaro explains that they are proposing to restore approximately 800 sq. ft. The proposed planting is in the area of the coastal bank extending north to the tree area. The bank needs something established so that the existing bittersweet can not get a strong foothold. They will plant primarily bayberry with beach rose at the top and adding a couple of trees. Mr. Vaccaro also mentions that they might propose adopting a “no mow” area in the other area that was cleared and is open for discussion in terms of restoring that area.
Agent McManus states that the mitigation plan is fine and that he is okay with the “no mow” zone. There were some large shrubs that were cut in the buffer zone but he states that allowing re-growth in the “no mow” zone is acceptable. The priority is revegetating the bank. He would also like to mention that because this is under an enforcement order, the order did stipulate a specific date when the mitigation was to be submitted (June 10, 2010). It was not received then and under Chapter 172, there is a penalty schedule so the Agent would like to recommend a $100 fine for failure to meet the filing deadline. Mr. Sweet suggests that the fine should be more severe and recommends $300.00 which the Chairman
agrees as well. Commissioner Gurnee also pointed out that based on the wording in the by-law, the violation can be fine-able on a daily basis, with each day constituting a separate violation and thus a new fine. The Agent also recommends waiting to plant until next spring season because to plant now will risk damage by frost.
Motion made, seconded and unanimously carried to Close and Issue with modification of $300 penalty fine
7:06 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, Vista Pruning - NOI
Resource Area: Inland Bank leading to Deans Pond
The applicant requested a continuance to October 21, 2010 due to a scheduling conflict because of recent weather.
Motion made, seconded and unanimously carried for a continuance until 10/21/10 at 7:18pm
7:09 Michael Price (128 Popponesset Island Rd.) Remove & Replace 2nd story 18’ x 17’ wrap around deck with new fittings - RDA
Resource Area: Buffer Zone to Coastal Bank
Woody Martin is present for the homeowner and explains that the existing deck is full of insects and is unsafe with illegal hand rails. He is would like to remove and replace with a new deck using the same footprint but also replacing the support footings (maximum 5) as requested by the Building Department. Agent McManus states that this is a straight forward request and no disturbance over the existing footprint.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Tom Trigg (22 Fells Circle) Prune deadwood from several trees and remove one dead tree – RDA
Resource Area: Buffer zone to Inland bank/ pond front (Fells Pond)
. Scott Campbell from Cardinal Tree Service is representing the homeowner and explains that they would like to prune 13 trees and remove one dead cedar tree. Agent McManus states that he did inspect all the trees that are flagged. Some of the trees are very close to the house and some have branches that are encroaching over the roof. This is a standard request and the cedar is clearly dead and no issues with it being removed.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Edward & Lilian Yun SE 43-2624 (11 Ocean Bluff Drive) Construct detached garage / carriage house with single guest bedroom and bathroom above
Resource Area: Buffer Zone to Coastal Bank/ Buffer Zone to Bordering Vegetation. Wetland: Deans Pond
Dan Ojala from Down Cape Engineering explains that parking has been a challenge for the homeowner and they would like more room to maneuver and park the vehicles. They would like to construct a carriage house garage. The current flood elevation is 11’ but they adhered to town code of 12’. The area is heavily disturbed with hardscaping. The homeowners are planning to do a pressure sewage system and part of this project is contingent on that. The low pressure sewage system will be coming in as a separate filing in about a month or so. Mr. Ojala mentions that the Agent asked if it was possible to move the structure back so as to reduce encroachment onto the bank, but unfortunately there is not enough space
to do so, especially with a full size passenger vehicle, it would make the turn into the garage very snug. Agent McManus reads the Board of Health comment which states that the Ocean Bluff cottages are currently being connected to New Seabury Waste Water Treatment Plant application and is why the bedroom & bathroom above the garage is contingent on that application. A possible condition could be stated as “Board of Health variance shall be obtained if the sewage is not finalized”. Agent McManus confirms that the area is very tight so it is understandable that the structure could not be moved. He also says that the mitigation formula was sent to the consultant for the required mitigation that is dependent on the setback from the resource area or the disturbance in the resource area. He is assuming that the mitigation will be on an Amended Order as nothing has been submitted to this point. The Agent’s recommendation would be
to close and issue pending receipt of a landscape plan for the coastal side if the Commissioners agree. Commissioner Gurnee asks for clarity and would like confirmation that the plan is to go ahead and build the carriage house but will not finish the upstairs bedroom or bathroom and Mr. Ojala confirms that that is correct. Agent McManus suggests that specific wording can be put in the Order of Conditions that would reflect that contingency.
Motion made, seconded and unanimously carried to Close and Issue with recommendations
7:18 Glenn Wong SE 43-2626 (101 Tide Run) Demolish / Rebuild single family home - NOI
Resource Area: Buffer zone to salt marsh; Land Subject to Coastal Storm Flow
Jack Vaccaro from Vaccaro Environmental Consulting is the representative for the homeowner and explains that this property is on Jehu Pond and is almost entirely in the Waquoit Bay ACEC. They were previously approved for vegetation rehabilitation due to unauthorized clearing. The site is very gradually sloping so there are no coastal banks. The only resource areas of concern are the most landward bordering vegetated wetland and land subject to coastal storm flow. The proposed home will be larger but the extension of the structure is towards the street and will end up with less structure within 50’ of the wetland. They will be installing a de-nitrification system and providing mitigation. They also are looking for
approval to improve an existing storm water outlet which is along the south side of the property by installing a rain garden which would reduce harmful components of Stormwater as it flows through the mulch and plants. It would reduce sediments that otherwise would make its way down to the wetland. It is approximately 400 sq. ft. in the depressed swale between the existing outlet and the wetland. They are also proposing the standard drywells, four of them around the perimeter of the house to help improve the infiltration of roof runoff. Agent McManus asks if the pool/patio edge is going right up to the sonotubes or the extent of the cantilevered deck and Mr. Vaccaro says it will extend to the cantilevered deck. Agent McManus asks about the path along the edge that was permitted at the last hearing and if it was going to affect the approved mitigation. Mr. Vaccaro explains that there will be a vertical wall right at the edge and the existing grade
will not be changed. There will be the patio with no rear lawn and they just wanted a strip at the base of the wall which does not go into the previously approved area of plantings. He also believes the project will start as soon as possible so that the mitigation can be completed by spring. Agent McManus reads for the record the Board of Health’s comments which states that the application has been submitted and is under review.
John Slavinski from Cape & Islands Engineering explains that this project does not need to go to Zoning as it is a coastal subdivision which conforms to current zoning in the Town of Mashpee and will not need any variances requested. The new construction will meet the regulations for this flood zone.
Motion made, seconded and unanimously carried to Close and Issue
7:21 Leslie Caffyn (10 Popponesset Island Road) New Title V septic, remove garage, install water line & pump, fill existing cesspool – RDA
Resource Area: Buffer Zone to Coastal Bank/BufferZone to Salt Marsh
John Slavinski from Cape & Islands Engineering represented the home owner and explains that there is an old frame of a garage that will need to be removed in order to install the new septic in that area which is more than 50’ from the top of the coastal bank. The septic system is state of the art. It is innovative and alternative; a pump with a wall around it is being installed so that it won’t be above ground; a portion of the system will have denitrification; and an ultra violet light is being added that will treat the effluent as it comes out of the Fast system through the D-Box and headed towards the leach field. Eventually this property will be a year round resident.
Motion made, seconded and unanimously carried for a Negative Determination
7:24 Marianne & Mark Townsend SE 43-2627 (16 Deans Hollow Road) Eradicate invasive and non-native species, removal of hazardous trees and planting of native species with maintenance in perpetuity - NOI
Resource Area: LSCSF/Buffer to Coastal Bank/Dune
Michael Talbot from Michael Talbot & Associates is present for the homeowner and explains that this project is a simple landscaping plan. Existing Japanese Pines on the property have died or are dying and have become hazardous. There are a lot of Japanese honeysuckle mixed with weeds, rose and some Russian Olive. It looks like a while ago that some invasive ground cover rose was planted but are now invading the dunes. They would like to remove the invasive species and the dead trees and plant some sampling grass land with blue stem in between. There are some bayberry that seems to have survived the rose which will
remain and then they will add some red cedar and dune shrubs with ground cover. Agent McManus states that it is a really good plan and as the pictures shows, the trees are dead.
Motion made, seconded and unanimously carried to Close and Issue
7:27 Scott Murray SE 43-2615 (21 Squaw’s Lane) Extend planting area and revise hardscaping - AOC
Resource Area: LSCSF/Buffer Zone to Coastal Bank/Dune
Michael Talbot is also representing this project. He explains that the septic system is about 3’ above existing grade so they needed to do a complete re-grading plan which gave them the opportunity to extend the mitigation plantings. It will connect with Townsend’s (7:24 hearing) and form a continuous line. There is also an addition of a walking path and a patio with some stepping stones. There are many Japanese Pines that are also dying on this property but they will be saving (4) existing oaks and (6) existing red cedar. They will be eliminating the previously planned lawn area as it was above the
10% allowable lawn limit. It will be replaced with all native plantings and a woodland garden. Mr. Sweet is concerned about puddling issues and Mr. Talbot suggests some rain gardens and also states that there are drainage strips around the premise that tie into the dry wells.
Motion made, seconded and unanimously carried to approve Amended Order of Conditions
7:30 Geoffrey Wall (146 Ninigret Avene) Remove two trees within 100’ buffer (ATF) and add 15 x 10 deck – RDA
Resource Area: Buffer Zone to Pond Front: Johns Pond
Geoffrey Wall explains that he removed some pitch pines on his property. One was dead and one was up against the house. The deck will be on sonotubes and about 4’ high. Agent McManus states that this is within the 100’ buffer zone to John’s Pond and has no issues of impact to the pond. He does mention to Mr. Wall that the portion of the pier that is on the pondfront needs to be moved back on to his property as soon as possible.
Motion made, seconded and unanimously carried for a Negative Determination
7:33 John & Patricia York (150 Captains Row) Remove one tree on right side of house and prune one tree in back – RDA
Resource Area: Buffer Zone to River Front- Mashpee River
John York explains that there is one tree that is in very close proximity to the house and the tree in the rear is overhanging the house and power lines which make them hazardous to his house.
Motion made, seconded and unanimously carried for a Negative Determination
7:37 Thomas Woodson (43 Birch Way) Remove/replace patio with pavers, new gravel driveway and landscaping – NOI
Resource Area:
Vince Greco from Maffei Landscape is representing the home owner and states that the property has a lot of severely overgrown growth and is littered with dead trees. It is considerably overgrown all around the house so they would like to go in and clear invasive growth. The fill from the driveway is pushed right up against the foundation of the garage and is actually pushing against it which has caused a crack in the foundation. They would like to push that back and create a little parking spot with crushed stone. There is an existing patio that is deteriorating in the back and they would like to remove it and
replace with a new patio. There are also some stairs that are rotting that they would like to replace in the same footprint. All wood is being replaced with granite / concrete pavers with stone dust. Everything is in the same footprint. There are a total of three dead trees to be removed. Agent McManus states that this is a significant upgrade to the rotting and deteriorating conditions. Chairman Fitzsimmons recommends that for future projects that they may present, to provide plans with measurements from the resource area and grade elevations.
Motion made, seconded and unanimously carried to Close and Issue
7:40 Amended Regulation 27: Docks and Piers. Including the deletion and amended as reserved status for future regulations of the contents of Regulations 10 (Floats), and 11 (Docks/Piers and Identification Numbers)
Agent McManus requests that the Commissioners review the final revisions since there are no public comments. He requests any further changes be submitted before the next hearing (not at the next hearing). Mr. Cross expressed some comments and Chairman Fitzsimmons asks if maybe they should schedule another subcommittee to discuss. Mr. Sweet agrees to the suggestion so that Mr. Cross’s comments can be discussed openly. Mr. Sweet also states that at previous subcommittee meetings there were no significant changes to the regulation and requirements but Mr. Cross feels that there are significant variations from Chapter 91’s regulations and Mashpee’s bylaw pertaining to the installation methodologies of docks and
piers. Agent McManus mentions that if there are any concerns about installations then 44-53G can be utilized which is where an expert/outside consultant can be brought in to determine any structural or environmental issues. He believes it is an extremely powerful tool that the Commission can use. Chairman Fitzsimmons asks again that all comments be made within one week to be discussed at the next subcommittee meeting.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: Thursday, September 16, 2010
Motion made, seconded and unanimously carried to approve the minutes of September 16, 2010.
- Establish Meeting Date for Reg Sub-Committee and Land Sub-Committee: Agent McManus will send out an email with a date.
- Update Permit Fee Structure (Falmouth, Bourne, Sandwich, Barnstable): There was a breakdown of fee structures with the surrounding towns left in the Commissioner’s mailbox and he would like them to review it and put on the agenda for the next subcommittee meeting to possibly revise and increase the fees as Mashpee seems to a bit behind. One example is the ATF fees should be doubled as other towns have done. It will help drive a point and reflect that this will not be tolerated.
- Community Preservation Act Funding: Pickerel Cove: The Agent would like to use some of the funds which you can use up to 10% for maintenance in this parcel. He would like to recreate the two acre field and create a canoe/kayak launch area.
- AFCEE Meeting: Follow up; Mike Minor did speak with DEP regarding the shut down of the plant for two weeks and DEP does not have any issues with it. The Agent has spoken with Doug Allen from Haley & Aldrich and they will work on the date of the actual shut down. Information has been sent out to other agencies regarding the overall plans for the Quashnet River. They will be setting up some dates for follow up meetings. Chairman Fitzsimmons asks if there is anything else on how to proceed with the berm and the Agent states that they are waiting for a specific letter stating option 3 and Doug Allen will provide the Agent with a template to create the letter. Agent McManus states that AFCEE is responsible for removing all of the berms throughout the entire bog system which is going to
be a significant expense for them. Steve Hurley had said that there are no issues with the berms in regards to the impact to the bogs or the river with the exception of the one that blew out. Agent McManus suggests possibly using that expense instead to pay for the rest of the area of re-alignment outside the berm area.
- Clarification on Permit Extensions: Permit extensions are granted for two years but only for a specific time frame. Any permit active within the time frame of August 15, 2008 to August 15, 2010 have been extended for a total of five years.
Motion made, seconded and unanimously carried to adjourn the meeting at 9:06 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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