Mashpee Conservation Commission
Minutes of April 29, 2010
Public Hearings
Mashpee Town Hall
Commissioners: Chairman Jack Fitzsimmons, Vice Chairman Ralph Shaw, Jeffrey Cross, Brad Sweet, John Rogers
Staff Present: Drew McManus (Conservation Agent) and Kris Carpenter (Administrative Secretary)
The meeting was called to order with a quorum by Chairman Fitzsimmons at 6:55 pm.
There was no public comment.
Pre/Post Hearing Agenda
1) Approval of Minutes from 4/1/10
Motion made, seconded and unanimously carried to approve the minutes of April 1, 2010.
2) Keystone Project: Agent McManus attended a 4-day Forest Ecology workshop and states that it went very well. The basis was to inform forest landowners that there are many options available rather than selling to developers.
3) Eel River Project: Plymouth Cranberry Bogs. This is a Cranberry Bog Rehabilitation project in Plymouth in which the Eel River runs straight through 40+ acres of abandoned cranberry bogs. Agent McManus states that this project is the very similar to what Mashpee Conservation is looking at for the Quashnet River. He contacted the Division of Environmental Services and will schedule a site visit for them to come and look at the Quashnet River and the bog systems. They do not have very much grant money for this type of work but do have technical expertise and advice.
4) Landscaper Workshop: On May 11, Agent McManus will be hosting a workshop to review Chapter 172 Bylaw and Wetlands Protection Act with local landscapers and arborists. He states that anyone can attend and it is not necessary to be a landscaper. It will clarify what Mashpee’s wetland jurisdiction is, permitting procedures and lend advice how to properly prepare before coming in front of the Commission. It will be held in the main conference Room from 6:30-8:30pm and will be televised.
5) Updates:
- Gates: At the Refuge Partnership meeting this week, Agent McManus pitched the importance of installing gates on the conservation parcels. The Tribe was in attendance and expressed their concern of access. They did agree upon, at this meeting, that they will go ahead and install a gate at the entrance to Jehu Pond, the parcel that Mashpee Conservation owns with the parking lot off of Great Oak Road. The gate will remain open from dawn to dusk. The Federal Government that owns the land where Great Hay meets Redbrook will be installing a gate at that location and the State is in favor of placing a gate at Amy Brown. Another entrance farther down to the parcel on Redbrook that is wide enough for a vehicle may be a permanent blocked road. Each partner will fund their own gate and use Jehu Pond as a trial to see
how effective gates are in keeping vehicles out and preventing illegal dumping. The Agent also suggested at the meeting that as the gates go up, small parking areas should be created.
Mr. Cross mentions Falmouth Harbor Management money. Mr. Cross also talks about abandoned tank in water and the Agent mentions that he can possibly discuss this issue with the Harbormaster. Mr. Cross discusses subcommittee and regulations.
Hearing Agenda
7:00 Gerard Murray RDA (52 Hemlock Drive) – Permit grandfathered dock
Applicable Resource Area: Buffer Zone to Santuit Pond
The homeowner states that the dock has been there for a while. Agent McManus explains the process of identifying the dock in case of dislodgement. The Agent recommends a Negative Determination.
Motion made, seconded and unanimously carried for a Negative Determination
7:03 MidShares Inc. NOI SE 43-2607 (55 Shoestring Bay Rd.) 50’ wide view corridor
Applicable Resource Area:.Shoestring Bay, salt marsh
Raul Lizardi-Rivera from Holmes & McGrath is presenting and states that they are proposing a 50’ wide vista pruning on a coastal bank. Agent McManus met with Jeff Johnson from Holmes & McGrath and explains that they had planted Rosa Rugosa for stabilization purposes. Agent McManus states that this is a straight forward vista pruning application in which there will be no cutting until November 1 and it will also come with maintenance in perpetuity. It is mostly upper-story pruning.
Motion made, seconded and unanimously carried to Close and Issue
7:06 Jamie Weinstein AOC SE 43-2135 (387 Monomoscoy Road) Modify landscaped areas, extend stone driveway and pier Continued from 4/1/10
Applicable Resource Area: Floodzone A, Buffer zone to salt marsh
Matt Costa from Christopher Costa and Associates represented the homeowner and explains that during construction the original approved plans were not followed so they have since come back and added certain mitigation areas to get back to the original square footage requirements that were previously approved. They would also like to amend the orders to approve the pier as it exists today which was constructed 2’ longer into the river than what was previously approved. Mr. Sweet would like to know who was responsible in overseeing the construction and Mr. Costa says that the homeowner was the builder. Agent McManus
states that there is a letter from an abutter to be read for the record in regards to the playground area which was originally approved for mitigation. Agent McManus then proceeds to read the letter and then explains that the request of planting tall trees really is not an option as it is a very expensive mostly unsuccessful. He states that privacy/viewing issues do not fall under Conservation’s curricular but believes it is relevant in this situation because the area under discussion was previously approved for mitigation and not a playground so he is suggesting that the applicant consider this issue of privacy and incorporates possible Red Cedars along the property line. The Agent also questions the 2nd driveway as it looks like it was in use at one time but Mr. Costa responds that they will be closing that off and will be allowing natural vegetation. The Agent recommends some additional plantings in that area because to allow it to grow
naturally will take a long time.
Agent McManus would like to make note that Mr. Weinstein had pulled his float off the dock for off season storage but had used heavy equipment to drag it across the salt marsh. The Harbormaster had witnessed it and fortunately there was no extensive damage to the salt marsh but in every Order of Conditions issued for any dock and pier it states that under no circumstances, is the property owner to use heavy machinery beyond the work limit and also floats are not to be dragged across any bordering vegetated wetland, especially a salt marsh. The Agent recommended the Commission to charge a $100 fine for the two violations of his original Order of Conditions.
Motion made, seconded and unanimously carried to approve the Amended Order as proposed with consideration to the fine and landscaping suggestions.
7:09 Joseph McGrath RDA (168 Ninigret Avenue) Permit grandfathered dock
Applicable Resource Area: John’s Pond
Mr. McGrath would like to request a permit for a grandfathered dock. Agent McManus explains that based on a visual inspection, it is an old dock and has been there for quite some time and has determined that it is a grandfathered dock.
Motion made, seconded and unanimously carried for a Negative Determination
7:12 MAK Realty Trust – David O. Keene RDA (33 Sunset Circle) Title V “FAST” septic system
Applicable Resource Area: John’s Pond
Steve Doyle from Stephen J. Doyle and Associates is representing the homeowner. He explains that this is an older 5 bedroom dwelling in the John’s Pond area that has a failed septic system and would like to upgrade with a new system. They would like to remove both the tank and the leaching pit and replace with a new 1500 gallon FAST Treatment tank, pump chamber and a chamber trench. All work is proposed for the front yard and maintain a separation distance from the pond of 82’. They are waiting for an inspection from the Board of Health.
Motion made, seconded and unanimously carried for a Negative Determination pending approval from the Board of Health
7:15 James Regan RDA (68 Cayuga Avenue) Permit grandfathered dock
Applicable Resource Area: John’s Pond
Mr. Regan explains that the dock has been there since 1964 (approximately). Agent McManus questions the two docks on the property. The first structure is obvious that it has been there for quite some time and is more than likely grandfathered but the second structure is fairly new as it is aluminum. The Agent asks Mr. Regan if he has any documentation to show what year the aluminum dock was built because aluminum docks are recent on Johns Pond and he doesn’t believe that it is grandfathered unless Mr. Regan has proof otherwise. Mr. Regan says that the aluminum dock was installed about 7 years ago which as the Agent points out does not qualify for Grandfather Status. Agent McManus states that if Mr. Regan would like
to put the aluminum dock back into the water than he will have to proceed with a Notice of Intent but that this RDA permit will cover the existing older grandfathered dock only.
Motion made, seconded and unanimously carried for a Negative Determination on older structure
7:18 James Regan RDA (140 Algonquin Avenue) 8’ x 8’ deck with sono tube, clear brush & debris from rear of house to pond, repair top-soil on entire lot, loam and seed in front yard, check & repair drywells
Applicable Resource Area: Inland bank to Cataquin Pond
Mr. Regan explains that he had purchased this property recently and it was dirty inside and out. Agent McManus would like to clarify that the current cantilevered deck is going to be sonotubed and Mr. Regan answers no but it will depend on the Building Inspector. The Agent also would like to know what the clearing brush in the rear of the house entails because he was out to inspect and says that a lot has already been done. He states that six trees have been cut down and all of the ground vegetation has been removed entirely. Whoever cut the trees used a very old landscape technique to darken the top cut part of the stump to make it look like it was cut years ago but fresh sawdust was evident around the base of the stump.
Agent McManus informs Mr. Regan that he will be contacting him soon to come up with a substantial mitigation plan to replace the vegetation that was removed. This will be an “After the Fact” Notice of Intent filing for the backyard because what was cut would never have been allowed under vista pruning regulations. Agent McManus would prefer not to move forward with this due to the violations. Vice Chairman Shaw suggests a continuance for applicant to submit a Notice of Intent. Agent McManus recommends a continuance of four weeks to May 27, 2010 as it is required, due to the circumstances, that a licensed landscaper must be hired.
Motion made, seconded and unanimously carried for a continuance until 5/27/10 at 7:03pm
7:21 Jeffrey & Susan Rutchik AOC SE 43-2586 (1 Waterline Drive) Install patio, restore previously disturbed areas with native plantings and increase proposed mitigation plantings
Applicable Resource Area: Flood zone A and buffer zone to salt marsh
Jack Vaccaro from Vaccaro Environmental Consulting represented the homeowner. He explains that the original Orders were issued last year and they now have a detailed landscape plan. The plan shows hardscaping in the rear of the house which includes two patio areas and there are also a couple of minor modifications to the house itself; two access stairways to the house. Both are within 50’ of the wetland. Mr. Vaccaro states that they have looked at the additional hardscaped areas that are within 50’ of the wetland and are proposing a significant increase in buffer restoration. Originally proposed was 600’ of mitigation but would like to increase it to an additional 1600 sq. ft. Chairman Fitzsimmons
questions additional changes shown on the plan but is not stated in the application request. Agent McManus advises that the applicant can come forward with an Administrative Request because the changes are still within the original approved work limit.
Motion made, seconded and unanimously carried to approve the Amended Order pending clarification on the conditions of the steps and patio
7:24 Nathan Brunell RDA (57 Duck Blind Road) Two paver patios; 12’ wood gazebo; transplant existing plant material; additional native plantings
Applicable Resource Area: John’s Pond
Vince Greco from Maffei Landscape Contractors represented the homeowner and they are proposing the installation of two small paver patios, transplanting some existing vegetation, drip edges around the house to capture roof runoff, drywells and a 12’ gazebo. Agent McManus states that the entire project is in the buffer zone and where the property abuts John’s Pond, there is no bordering vegetated wetland. It is a direct transition from upland to pond front in which where the water meets the land is actually the edge of the wetland. Mr. Spegnone mentions that they are hoping to increase some plantings along the edge with native species to help prevent erosion. The Agent believes with all the plantings that this will be
a significant upgrade.
Motion made, seconded and unanimously carried for a Negative Determination
7:27 Evan & Susan Dangel RDA (762 Cotuit Road) Remove hazardous Hickory tree and storm damaged birch.
Applicable Resource Area: Mashpee Wakeby Pond
Mike Hope from Ace Arborist is representing the homeowner and explains that due to previous storms there are several damaged trees: A large Hickory in the back that is approximately 16’ from the house has a cavity in it.; a tree that is growing over the corner of the house has branches laying on the roof; a tree above the parking area with a broken branch; a fallen Birch tree on the beach that they would like to remove and replace with a native tree; a tree in the front yard that has a broken top and they would like to remove the top; and lastly, there is a dead pine on the hill. Agent McManus states that all the trees are in the interest of “hazardous tree conditions”.
Motion made, seconded and unanimously carried for a Negative Determination
Motion made, seconded and unanimously carried to adjourn the meeting at 8:40 pm.
Respectfully submitted,
Kris Carpenter
Administrative Secretary
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