Conservation Commission
Minutes of September 16, 2010
Public Hearings
Mashpee Town Hall - Conference Room 3
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, 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
There was no public comment.
Pre/Post Hearing Agenda:
- Minutes: Approval of the following minutes: Thursday, September 2, 2010
Motion made, seconded and unanimously carried to approve the minutes of September 2, 2010.
- Final Comments on Regulation 27: Agent McManus states that Chairman Jack Fitzsimmons had a comment regarding some wording in the regulation that would address float replacement or dock repairs and that was any parts under water should be new material and not to be allowed to transfer used/old material. This will eliminate any possibilities of introducing invasive species. Vice Chairman Shaw asks if there is any kind of procedure for inspections and the Agent responds that there is not. Agent McManus also mentions that the Town Manager, Joyce Mason, would like a statement saying that no docks may be constructed over town owned property. Agent McManus says that he had a sit-down with the Building Department to ask about inspections on piers and they do not perform them. Docks do not require building permits
since the inspectors are not qualified to inspect docks and piers. The Commission can invoke Section 44-53G of the Mass General Laws, which authorizes the commission to require the hiring of an outside consultant to review matters of concern. The applicant is responsible for these costs. Most dock structures are straight forward and engineered the same. Mr. Sweet would like to confirm the statement that no one verifies the type of pilings or anything else used unless they go out to examine it themselves but the Agent corrects him and informs him that he does a final inspection before providing a Certificate of Compliance and according to state law, the consultant who drafted the plan is required to do a final inspection as well to verify that the structure matches the final approved plan. Mr. Sweet suggests making it a standard procedure to have consultant provide an “as built” plan on every Certificate of Compliance request.
HEARINGS
7:00 McDonald, Russ & Sue (6 Canonchet Ave.) Remove 10 leaning, decaying or dying trees and prune 5 trees of dead branches and limbs - RDA
Applicable Resource Area: Buffer zone to Johns Pond
Tim Pinzino from Bartlett Tree Experts is representing the homeowner. Agent McManus explains that the property is bordering John’s Pond on Sakonnet Drive and confirms that most of the trees are dead or dying. One tree, a tulip tree, is not to be removed because it is a healthy tree even though it is not a native tree. Most trees are within the 50-100’ buffer zone.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 Steve Mittleman (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 7, 2010.
Motion made, seconded and unanimously carried for a continuance until 10/07/10 at 7:06pm
7:06 Michael Kennedy (144 Algonquin Ave.) Construct wood 16’ x 12’ shed on blocks - RDA
Applicable Resource Area: Buffer zone to Inland bank leading to Cataquin Pond
Michael Kennedy is requesting to build a 16’ x 12’ shed. The agent states that the property borders Cataquin Pond. The inland bank sits about 25-30’ behind the bank that leads down to the pond which places the shed partially in the first 50’ setback. Two pitch pine trees were removed behind the shed which will require mitigation. The contractor was told also that this is an “After the Fact” application and all fees apply to that.
Motion made, seconded and unanimously carried for a Negative Determination pending Mitigation
7:09 Richard & Lillian Gray (177 Uncle Percy’s Road) Construct 12 x 12.3 addition to existing dwelling (on street side) - RDA
Resource Area: Buffer zone to Inland Bank leading to White Cedar swamp
Tom Bunker from BSS Design represented the homeowner and explains that it is an existing house with wetlands behind it. They are requesting to expand the bedroom on the street side of the house. The expansion will be 12’ x 12’ and is 54’ from the BVW. Two shrubs will be removed which are not native but previously landscaped shrubs. Agent McManus states that the resource is a white cedar swamp and that there are not many left in Mashpee.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 Charles Robbins (4 Waterline Drive) Landscaping & approximately 400 sq. ft. lawn area - RDA
Resource Area: Buffer zone to coastal bank
Greg Bush from Bush Tree and Landscape is requesting the ability to create a small landscaped area behind the house. It is approximately 400 sq. ft. and is kidney shaped with native and ornamental plantings surrounding it. There will also be a mulched area along the contour. Agent McManus would like to clarify the type of grass and Mr. Bush responds that it will be a conservation mix. The agent also recommended some plantings in spots on the top of the coastal bank that appear barren but it is entirely up to the homeowners as it is their property.
Motion made, seconded and unanimously carried for a Negative Determination
7:15 Glenn Wong (101 Tide Run) Restore landscaping in buffer zone - NOI
Resource Area: Buffer zone to salt marsh
Jack Vaccaro from Vaccaro Environmental Consulting is representing the homeowner and states that they were approached a few weeks ago and asked for assistance with some plantings that they were involved with. Mr. Vaccaro says that when they visited the property, it was immediately apparent that there was some recent clearing in the back of the house which came very close to the wetland area. It was an apparent violation so Mr. Vaccaro came in to speak with the Agent to explain the situation and the Agent thought the best course of action would be to shelve the oncoming project and focus on restoring the vegetation. According to the homeowner, they were not present when the landscape crew came into work. Mr. Vaccaro would like to
maintain about a 10’ cleared area off the back of the house but restore the rest of the area. Mr. Sweet asks if the name of the arborist can be provided so as to possibly influence Conservation’s list of recommended arborists. The Agent mentions that they can try to contact the contractor and possibly educate them with the regulations and bylaws. Agent McManus states that he does not believe there were trees cut because he did not see any stumps in the area that was cleared. Mr. Allen comments that the tree selection is well chosen but he is disappointed in the size of the trees selected. Chairman Fitzsimmons recommends 6’ trees instead of 4’; Mr. Vaccaro agrees with the recommendation.
Motion made, seconded and unanimously carried to Close and Issue with recommended changes
7:18 Brook & Mary Newcomb (33 Monahansett Road) Replace failed cesspool with new pump/tank into soil absorption septic system Cont’d from 9/02/10 - RDA
Resource Area: Buffer zone to Isolated Land Subject to Flooding
John Doyle explains that he performed a survey for the homeowner. They had a failed cesspool on the property which is in close proximity to the wetland. The cesspool was being pumped every couple of days and was determined to be an emergency situation. The intent is to abandon the existing cesspool and put a waterproof septic tank in rear with a line going underneath cement slab to a 500 gal. pump chamber which will pump it to a higher ground so as to separate it from the water table which was much greater in the rear of the house. They had required a couple of variances from the Board of Health which was obtained. They were told that they could proceed with the project as it was deemed an emergency so J. Doyle & Associates
installed set steaks for silt fencing. The loom was spread and will be seeded this week. No trees were removed in the rear of the property. Agent McManus states that the project has been completed and after septic approval, the cesspool was removed. Mr. Cross is concerned of the single pump but Mr. Doyle explains that they have never had a problem before with a single pump in the Title V systems and they are equipped with alarms.
Motion made, seconded and unanimously carried for a Negative Determination
7:21 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
Applicant or representative was not present. Continued to October 7, 2010 at 7:12pm
Motion made, seconded and unanimously carried for a continuance until 10/07/10 at 7:12pm
Pre/Post Hearing Agenda (Cont’d):
- AFCEE Meeting Reminder: The AFCEE meeting is September 24th at 10am in Conference room 3 and everyone is strongly urged to attend.
- Approve Funds to Purchase a Trail Camera for Monitoring Illegal Dumping: Agent McManus explains that after some research online was performed, they found a Trail Eye XP camera which has a 50’ range with no glow or flashing. Picture quality is 5.0 megapixels at night. The cost is $250.00 and one camera can be purchased to test it in a very well know dumping “hot spot”. Agent McManus is requesting a release of funds to purchase one camera. Vice Chairman Shaw asks how to protect the camera itself from vandalism and the Agent says that the camera can be well hidden and will not give itself away with any flashes, noises or light emissions. It is equipped with an outside casing that is camouflaged. If the camera catches a license plate number, than the first fine will
be more than the cost of the camera.
Motion made, seconded and unanimously carried to approve the purchase of a trail camera
- Lopez and Fitch Parcels: Agent McManus explains that they would like to re-establish the old trails and also create a new trail system within these two parcels. The Lopez parcel is small and is very narrow where it abuts Meetinghouse Road. There was an old trail where the Agent and the Planner had gone out and marked and will have Americorp come in to re-establish it. Between Fitch and Lopez is a parcel owned by the Trustees of Reservations who were asked if they would give permission to create a new trail that goes through the parcel and will hook up Lopez with Fitch. They responded yes so Americorp will re-establish the old trail and create the new section between the two parcels some time towards late fall.
- Pickerel Cove Recreation Area: Additional wildfire funds have been obtained to demolish the buildings which include several cabins and a main dining hall. The Agent received a $5000 grant for the demolition and disposal charges. Buildings are now gone and all holes have been filled. A large concrete slab remains which has options to use for a picnic area. Another possible project is to create another parking area down by the water side and re-vamp the old landing area for a possible kayak launch. There is also a two acre field in the center of the parcel and maybe create it for Leisure Services for kid’s activities.
- Santuit Pond Dam/Johns Pond Dam Updates: NRCS (Natural Resource Conservation Service) has dedicated $30K for engineering surveys for both structures with the possibility of more funding to come for fish ladder repair and eventual dam repair of the Santuit Pond Dam. The Agent has heard that there is an additional $1.3M that they received in funding for the Water Resource Restoration Grant and Mashpee could possibly receive as much as $400K. NRCS will donate approximately 70-75% for the cost of the repair for both dams. Because the Santuit Pond Preserve Dam is co-managed by Mashpee and Barnstable, the remaining 25-30% should be split with them. The Agent suggests that Mashpee’s “In Kind” contribution should be to re-grade the entire road that leads to the dam to improve
accessibility because currently it is heavily rutted from ATV usage. Also improve the access along the dam so that equipment can get down there for the eventual repair. Santuit Pond Dam is in a state of failure and needs to be repaired immediately. The repairs could start as early as December.
- Agent Update of 65 Bayshore Drive: Agent McManus updated the Commissioners regarding this project from the last hearing (September 2, 2010) because of issues that had come up. He had gone out to the site to meet with the landscaper and let him know that it can not be mowed. There are invasive species that can be removed and replaced with native species but there will not be any flush cut mowing allowed in any part of the vista corridor or anywhere in the rear of the property.
Motion made, seconded and unanimously carried to adjourn the meeting at 8:10 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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